2013 Kentucky Revised Statutes CHAPTER 620 - DEPENDENCY, NEGLECT, AND ABUSE 620.023 Evidence to be considered in determining the best interest of a child.
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620.023 Evidence to be considered in determining the best interest of a
child.
(1)
(2)
Evidence of the following circumstances if relevant shall be considered by the
court in all proceedings conducted pursuant to KRS Chapter 620 in which the
court is required to render decisions in the best interest of the child:
(a) Mental illness as defined in KRS 202A.011 or an intellectual disability as
defined in KRS 202B.010 of the parent, as attested to by a qualified
mental health professional, which renders the parent unable to care for
the immediate and ongoing needs of the child;
(b) Acts of abuse or neglect as defined in KRS 600.020 toward any child;
(c) Alcohol and other drug abuse, as defined in KRS 222.005, that results in
an incapacity by the parent or caretaker to provide essential care and
protection for the child;
(d) A finding of domestic violence and abuse as defined in KRS 403.720,
whether or not committed in the presence of the child;
(e) Any other crime committed by a parent which results in the death or
permanent physical or mental disability of a member of that parent's
family or household; and
(f) The existence of any guardianship or conservatorship of the parent
pursuant to a determination of disability or partial disability as made under
KRS 387.500 to 387.770 and 387.990.
In determining the best interest of the child, the court may consider the
effectiveness of rehabilitative efforts made by the parent or caretaker intended
to address circumstances in this section.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 140, effective July 12, 2012. -Amended 2004 Ky. Acts ch. 116, sec. 18, effective July 13, 2004. -- Created
1998 Ky. Acts ch. 57, sec. 7, effective March 17, 1998.
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