2012 Kentucky Revised Statutes
CHAPTER 620 DEPENDENCY, NEGLECT, AND ABUSE
620.030 Duty to report dependency, neglect, or abuse -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -- Exceptions -- Penalties.


KY Rev Stat § 620.030 (2012) What's This?

Download as PDF 620.030 Duty to report dependency, neglect, or abuse -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -Exceptions -- Penalties. (1) (2) (3) Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Department of Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation. If the cabinet receives a report of abuse or neglect allegedly committed by a person other than a parent, guardian, or person exercising custodial control or supervision, the cabinet shall refer the matter to the Commonwealth's attorney or the county attorney and the local law enforcement agency or the Department of Kentucky State Police. Nothing in this section shall relieve individuals of their obligations to report. 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, 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, if requested, in addition to the report required in subsection (1) of this section, file with the local law enforcement agency or the Department of Kentucky State Police or the Commonwealth's or county attorney, the cabinet or its designated representative within forty-eight (48) hours of the original report a written report containing: (a) The names and addresses of the child and his or her parents or other persons exercising custodial control or supervision; (b) The child's age; (c) The nature and extent of the child's alleged dependency, neglect, or abuse, including any previous charges of dependency, neglect, or abuse, to this child or his or her siblings; (d) The name and address of the person allegedly responsible for the abuse or neglect; and (e) Any other information that the person making the report believes may be helpful in the furtherance of the purpose of this section. Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-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 (4) (5) pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child. 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. Any person who intentionally violates the provisions of this section shall be guilty of a: (a) Class B misdemeanor for the first offense; (b) Class A misdemeanor for the second offense; and (c) Class D felony for each subsequent offense. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 72, sec. 4, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 330, effective June 26, 2007. -- Amended 1988 Ky. Acts ch. 258, sec. 2, effective July 15, 1988; and ch. 350, sec. 43, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 64, effective July 1, 1987. Legislative Research Commission Note. The 1988 amendments to this section are effective April 10, 1988, except for the second sentence of subsection (1), which is effective July 15, 1988.
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