SB 229 — AN ACT relating to child abuse.

UNOFFICIALCHAPTER COPY107 231 RSCHAPTER 107 ( SB 229/EN229 ) AN ACT relating to child abuse.

(4) A county attorney serving in a county, consolidated local government, or urban-urban-county county which is part of a judicial circuit described by KRS 69.010(2), in addition to the duties in subsections (1) and (2) of this section, shall have the following duties:

and (b) He or she shall advise the collector of money due the Commonwealth in the Page 1 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN county or consolidated local government in regard to motions against delinquent collecting officers for failing to return executions, and shall prosecute the motions.

(2) (a) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer, or any organization or agency for any of the above, who knows or has reasonable cause to believe that a child is dependent, neglected, or abused, regardless of whether the person believed to have caused the dependency, neglect, or abuse is a parent, guardian, fictive Page 2 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN kin, person in a position of authority, person in a position of special trust, person exercising custodial control or supervision, or another person, or who has attended such child as a part of his or her professional duties, shall:

2._Legislative ImmediatelyResearch notifyCommission thePDF supervisorVersion ofACTS theOF institution,THE school,GENERAL facility,ASSEMBLY agency,2. or designated agent of the person in charge;

Immediately notify the supervisor of the institution, school, facility, agency, or designated agent of the person in charge;

b.[(b)]b.[(b)]The The child's age;

d.[(d)]d.[(d)]The The name and address of the person allegedly responsible for the abuse or neglect;

(c) Any person who knowingly causes intimidation, retaliation, or obstruction Page 3 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN in the investigation of the report shall be guilty of a Class A misdemeanor.

(5) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitentclergy- penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting from a report pursuant to this section.

Page 4 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN (6) The cabinet upon request shall receive from any agency of the state or any other agency, institution, or facility providing services to the child or his or her family, such cooperation, assistance, and information as will enable the cabinet to fulfill its responsibilities under KRS 620.030, 620.040, and 620.050.

and CHAPTER 107 3 (c) Class D felony for each subsequent offense.

Based upon the level of risk determined, the cabinet shall investigate the Page 5 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support.

(c) The cabinet need not notify the local law enforcement agency or the Page 6 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN Department of Kentucky State Police or Commonwealth's or county attorney[ or Commonwealth's attorney] of reports made under this subsection unless the report involves the human trafficking of a child, in which case the notification shall be required.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) If a child who is in a hospital or under the immediate care of a physician appears to be in imminent danger if he or she is returned to the persons having Page 7 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN custody of him or her, the physician or hospital administrator may hold the child without court order, provided that a request is made to the court for an emergency custody order at the earliest practicable time, not to exceed seventy-two (72) hours.

If, after making the request, consent is not given for the test of blood, Page 8 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN breath, or urine, a search warrant shall be requested from and may be issued by the judge to the appropriate law enforcement official upon probable cause that a child fatality or near fatality has occurred and that the person exercising custodial control or supervision of the child at the time of the fatality or near fatality was under the influence.

Page 9 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN (d) The team shall hold regularly scheduled meetings if new reports of sexual abuse or child human trafficking cases involving commercial sexual activity are received or if active cases exist.

CHAPTER 107 5 (g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, develop a local protocol consistent with the model protocol issued by the Kentucky Multidisciplinary Commission on Child Sexual Abuse.

(1) If the cabinet's initial determination as to the risk of harm to and immediate safety Page 10 of 11 SB022920.100 - 1107 - XXXX 3/16/2023 2:38 PM Engrossed UNOFFICIAL COPY 23 RS SB 229/EN of an alleged abused or neglected child as defined in KRS 600.020 requires an investigation or assessment pursuant to administrative regulations promulgated by the cabinet, including consideration of information on the nature and extent of a present danger or threat of danger to the child or cabinet staff, and if:

PageSigned 11by ofGovernor 11March SB022920.10027, -2023. 1107 - XXXX 3/16/2023 2:38 PM Engrossed

Legislative Research Commission PDF Version