2013 Kentucky Revised Statutes CHAPTER 620 - DEPENDENCY, NEGLECT, AND ABUSE 620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel -- Multidisciplinary teams.
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620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school
personnel -- Multidisciplinary teams.
(1)
(2)
(3)
(a)
Upon receipt of a report alleging abuse or neglect by a parent, guardian,
or person exercising custodial control or supervision, pursuant to KRS
620.030(1) or (2), or a report alleging a child is a victim of human
trafficking pursuant to KRS 620.030(3), the recipient of the report shall
immediately notify the cabinet or its designated representative, the local
law enforcement agency or the Department of Kentucky State Police, and
the Commonwealth's or county attorney of the receipt of the report unless
they are the reporting source.
(b) Based upon the allegation in the report, the cabinet shall immediately
make an initial determination as to the risk of harm and immediate safety
of the child. Based upon the level of risk determined, the cabinet shall
investigate the 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. A report of sexual abuse or human trafficking of a
child shall be considered high risk and shall not be referred to any other
community agency.
(c) The cabinet shall, within seventy-two (72) hours, exclusive of weekends
and holidays, make a written report to the Commonwealth's or county
attorney and the local enforcement agency or the Department of Kentucky
State Police concerning the action that has been taken on the
investigation.
(d) If the report alleges abuse or neglect by someone other than a parent,
guardian, or person exercising custodial control or supervision, or the
human trafficking of a child, the cabinet shall immediately notify the
Commonwealth's or county attorney and the local law enforcement
agency or the Department of Kentucky State Police.
(a) Upon receipt of a report alleging dependency pursuant to KRS
620.030(1) and (2), the recipient shall immediately notify the cabinet or its
designated representative.
(b) Based upon the allegation in the report, the cabinet shall immediately
make an initial determination as to the risk of harm and immediate safety
of the child. Based upon the level of risk, the cabinet shall investigate the
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. A report of sexual abuse or human trafficking of a child shall be
considered high risk and shall not be referred to any other community
agency.
(c) The cabinet need not notify the local law enforcement agency or the
Department of Kentucky State Police 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.
If the cabinet or its designated representative receives a report of abuse by a
(4)
(5)
(6)
(7)
person other than a parent, guardian, or other person exercising custodial
control or supervision of a child, it shall immediately notify the local law
enforcement agency or the Department of Kentucky State Police and the
Commonwealth's or county attorney of the receipt of the report and its
contents, and they shall investigate the matter. The cabinet or its designated
representative shall participate in an investigation of noncustodial physical
abuse or neglect at the request of the local law enforcement agency or the
Department of Kentucky State Police. The cabinet shall participate in all
investigations of reported or suspected sexual abuse or human trafficking of a
child.
School personnel or other persons listed in KRS 620.030(2) do not have the
authority to conduct internal investigations in lieu of the official investigations
outlined in this section.
(a) If, after receiving the report, the law enforcement officer, the cabinet, or
its designated representative cannot gain admission to the location of the
child, a search warrant shall be requested from, and may be issued by,
the judge to the appropriate law enforcement official upon probable cause
that the child is dependent, neglected, or abused. If, pursuant to a search
under a warrant, a child is discovered and appears to be in imminent
danger, the child may be removed by the law enforcement officer.
(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 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.
(c) Any appropriate law enforcement officer may take a child into protective
custody and may hold that child in protective custody without the consent
of the parent or other person exercising custodial control or supervision if
there exist reasonable grounds for the officer to believe that the child is in
danger of imminent death or serious physical injury, is being sexually
abused, or is a victim of human trafficking and that the parents or other
person exercising custodial control or supervision are unable or unwilling
to protect the child. The officer or the person to whom the officer entrusts
the child shall, within twelve (12) hours of taking the child into protective
custody, request the court to issue an emergency custody order.
(d) When a law enforcement officer, hospital administrator, or physician
takes a child into custody without the consent of the parent or other
person exercising custodial control or supervision, he or she shall provide
written notice to the parent or other person stating the reasons for
removal of the child. Failure of the parent or other person to receive
notice shall not, by itself, be cause for civil or criminal liability.
To the extent practicable and when in the best interest of a child alleged to
have been abused, interviews with the child shall be conducted at a children's
advocacy center.
(a) One (1) or more multidisciplinary teams may be established in every
county or group of contiguous counties.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Membership of the multidisciplinary team shall include but shall not be
limited to social service workers employed by the Cabinet for Health and
Family Services and law enforcement officers. Additional team members
may include Commonwealth's and county attorneys, children's advocacy
center staff, mental health professionals, medical professionals, victim
advocates including advocates for victims of human trafficking, educators,
and other related professionals, as deemed appropriate.
The multidisciplinary team shall review child sexual abuse cases and
child human trafficking cases involving commercial sexual activity referred
by participating professionals, including those in which the alleged
perpetrator does not have custodial control or supervision of the child or is
not responsible for the child's welfare. The purpose of the multidisciplinary
team shall be to review investigations, assess service delivery, and to
facilitate efficient and appropriate disposition of cases through the criminal
justice system.
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. At each meeting, each active
case shall be presented and the agencies' responses assessed.
The multidisciplinary team shall provide an annual report to the public of
nonidentifying case information to allow assessment of the processing
and disposition of child sexual abuse cases and child human trafficking
cases involving commercial sexual activity.
Multidisciplinary team members and anyone invited by the
multidisciplinary team to participate in a meeting shall not divulge case
information, including information regarding the identity of the victim or
source of the report. Team members and others attending meetings shall
sign a confidentiality statement that is consistent with statutory
prohibitions on disclosure of this information.
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. The local
team shall submit the protocol to the commission for review and approval.
The multidisciplinary team review of a case may include information from
reports generated by agencies, organizations, or individuals that are
responsible for investigation, prosecution, or treatment in the case, KRS
610.320 to KRS 610.340 notwithstanding.
To the extent practicable, multidisciplinary teams shall be staffed by the
local children's advocacy center.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 25, sec. 3, effective June 25, 2013. -Amended 2007 Ky. Acts ch. 85, sec. 331, effective June 26, 2007. -- Amended
2005 Ky. Acts ch. 99, sec. 665, effective June 20, 2005. -- Amended 2000 Ky.
Acts ch. 14, sec. 63, effective July 14, 2000; ch. 144, sec. 6, effective July 14,
2000; and ch. 164, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 426, sec. 617, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18,
sec. 5, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 217, sec. 1,
effective July 15, 1994. Amended 1992 Ky. Acts ch. 434, sec. 2, effective July
14, 1992. -- Amended 1990 Ky. Acts ch. 39, sec. 1, effective July 13, 1990. -Amended 1988 Ky. Acts ch. 258, sec. 3, effective July 15, 1988; and ch. 350,
sec. 44, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 65,
effective July 1, 1987.
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