2013 Kentucky Revised Statutes CHAPTER 620 - DEPENDENCY, NEGLECT, AND ABUSE 620.050 Immunity for good faith actions or reports -- Investigations -- Confidentiality of reports -- Exceptions -- Parent's access to records -- Sharing of information by children's advocacy centers -- Confidentiality of interview with child -- Exceptions -- Confidentiality of identifying information regarding reporting individual -- Internal review and report.
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620.050 Immunity for good faith actions or reports -- Investigations -Confidentiality of reports -- Exceptions -- Parent's access to records -Sharing of information by children's advocacy centers -- Confidentiality
of interview with child -- Exceptions -- Confidentiality of identifying
information regarding reporting individual -- Internal review and report.
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Anyone acting upon reasonable cause in the making of a report or acting under
KRS 620.030 to 620.050 in good faith shall have immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed. Any such
participant shall have the same immunity with respect to participation in any
judicial proceeding resulting from such report or action. However, any person
who knowingly makes a false report and does so with malice shall be guilty of a
Class A misdemeanor.
Any employee or designated agent of a children's advocacy center shall be
immune from any civil liability arising from performance within the scope of the
person's duties as provided in KRS 620.030 to 620.050. Any such person shall
have the same immunity with respect to participation in any judicial proceeding.
Nothing in this subsection shall limit liability for negligence. Upon the request of
an employee or designated agent of a children's advocacy center, the Attorney
General shall provide for the defense of any civil action brought against the
employee or designated agent as provided under KRS 12.211 to 12.215.
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 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.
Upon receipt of a report of an abused, neglected, or dependent child pursuant
to this chapter, the cabinet as the designated agency or its delegated
representative shall initiate a prompt investigation or assessment of family
needs, take necessary action, and shall offer protective services toward
safeguarding the welfare of the child. The cabinet shall work toward preventing
further dependency, neglect, or abuse of the child or any other child under the
same care, and preserve and strengthen family life, where possible, by
enhancing parental capacity for adequate child care.
The report of suspected child abuse, neglect, or dependency and all
information obtained by the cabinet or its delegated representative, as a result
of an investigation or assessment made pursuant to this chapter, except for
those records provided for in subsection (6) of this section, shall not be
divulged to anyone except:
(a) Persons suspected of causing dependency, neglect, or abuse;
(b) The custodial parent or legal guardian of the child alleged to be
dependent, neglected, or abused;
(c) Persons within the cabinet with a legitimate interest or responsibility
related to the case;
(d) Other medical, psychological, educational, or social service agencies,
child care administrators, corrections personnel, or law enforcement
agencies, including the county attorney's office, the coroner, and the local
child fatality response team, that have a legitimate interest in the case;
(e) A noncustodial parent when the dependency, neglect, or abuse is
substantiated;
(f) Members of multidisciplinary teams as defined by KRS 620.020 and
which operate pursuant to KRS 431.600;
(g) Employees or designated agents of a children's advocacy center;
(h) Those persons so authorized by court order; or
(i) The external child fatality and near fatality review panel established by
KRS 620.055.
(6) (a) Files, reports, notes, photographs, records, electronic and other
communications, and working papers used or developed by a children's
advocacy center in providing services under this chapter are confidential
and shall not be disclosed except to the following persons:
1.
Staff employed by the cabinet, law enforcement officers, and
Commonwealth's and county attorneys who are directly involved in
the investigation or prosecution of the case;
2.
Medical and mental health professionals listed by name in a release
of information signed by the guardian of the child, provided that the
information shared is limited to that necessary to promote the
physical or psychological health of the child or to treat the child for
abuse-related symptoms;
3.
The court and those persons so authorized by a court order; and
4.
The external child fatality and near fatality review panel established
by KRS 620.055.
(b) The provisions of this subsection shall not be construed as to contravene
the Rules of Criminal Procedure relating to discovery.
(7) Nothing in this section shall prohibit a parent or guardian from accessing
records for his or her child providing that the parent or guardian is not currently
under investigation by a law enforcement agency or the cabinet relating to the
abuse of a child.
(8) Nothing in this section shall prohibit employees or designated agents of a
children's advocacy center from disclosing information during a
multidisciplinary team review of a child sexual abuse case as set forth under
KRS 620.040. Persons receiving this information shall sign a confidentiality
statement consistent with statutory prohibitions on disclosure of this
information.
(9) Employees or designated agents of a children's advocacy center may confirm
to another children's advocacy center that a child has been seen for services. If
an information release has been signed by the guardian of the child, a
children's advocacy center may disclose relevant information to another
children's advocacy center.
(10) (a) An interview of a child recorded at a children's advocacy center shall not
be duplicated, except that the Commonwealth's or county attorney
prosecuting the case may:
1.
Make and retain one (1) copy of the interview; and
2.
Make one (1) copy for the defendant's counsel that the defendant's
counsel shall not duplicate.
(b) The defendant's counsel shall file the copy with the court clerk at the
close of the case.
(c) Unless objected to by the victim or victims, the court, on its own motion,
or on motion of the attorney for the Commonwealth shall order all
recorded interviews that are introduced into evidence or are in the
possession of the children's advocacy center, law enforcement, the
prosecution, or the court to be sealed.
(d) The provisions of this subsection shall not be construed as to contravene
the Rules of Criminal Procedure relating to discovery.
(11) Identifying information concerning the individual initiating the report under KRS
620.030 shall not be disclosed except:
(a) To law enforcement officials that have a legitimate interest in the case;
(b) To the agency designated by the cabinet to investigate or assess the
report;
(c) To members of multidisciplinary teams as defined by KRS 620.020 that
operated under KRS 431.600
(d) Under a court order, after the court has conducted an in camera review of
the record of the state related to the report and has found reasonable
cause to believe that the reporter knowingly made a false report; or
(e) The external child fatality and near fatality review panel established by
KRS 620.055.
(12) (a) Information may be publicly disclosed by the cabinet in a case where
child abuse or neglect has resulted in a child fatality or near fatality.
(b) The cabinet shall conduct an internal review of any case where child
abuse or neglect has resulted in a child fatality or near fatality and the
cabinet had prior involvement with the child or family. The cabinet shall
prepare a summary that includes an account of:
1.
The cabinet's actions and any policy or personnel changes taken or
to be taken, including the results of appeals, as a result of the
findings from the internal review; and
2.
Any cooperation, assistance, or information from any agency of the
state or any other agency, institution, or facility providing services to
the child or family that were requested and received by the cabinet
during the investigation of a child fatality or near fatality.
(c) The cabinet shall submit a report by September 1 of each year containing
an analysis of all summaries of internal reviews occurring during the
previous year and an analysis of historical trends to the Governor, the
General Assembly, and the state child fatality review team created under
KRS 211.684.
(13) When an adult who is the subject of information made confidential by
subsection (5) of this section publicly reveals or causes to be revealed any
significant part of the confidential matter or information, the confidentiality
afforded by subsection (5) of this section is presumed voluntarily waived, and
confidential information and records about the person making or causing the
public disclosure, not already disclosed but related to the information made
public, may be disclosed if disclosure is in the best interest of the child or is
necessary for the administration of the cabinet's duties under this chapter.
(14) As a result of any report of suspected child abuse or neglect, photographs and
X-rays or other appropriate medical diagnostic procedures may be taken or
caused to be taken, without the consent of the parent or other person
exercising custodial control or supervision of the child, as a part of the medical
evaluation or investigation of these reports. These photographs and X-rays or
results of other medical diagnostic procedures may be introduced into evidence
in any subsequent judicial proceedings. The person performing the diagnostic
procedures or taking photographs or X-rays shall be immune from criminal or
civil liability for having performed the act. Nothing herein shall limit liability for
negligence.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 39, sec. 2, effective June 25, 2013. -Amended 2004 Ky. Acts ch. 169, sec. 1, effective July 13, 2004. -- Amended
2002 Ky. Acts ch. 87, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 144, sec. 7, effective July 14, 2000; and ch. 164, sec. 2, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 57, sec. 19, effective March 17, 1998; and
ch. 303, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18,
sec. 6, effective July 15, 1996; and ch. 347, sec. 7, effective July 15, 1996. -Amended 1988 Ky. Acts ch. 350, sec. 45, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 66, effective July 1, 1987.
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