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600.020 Definitions for KRS Chapters 600 to 645.
As used in KRS Chapters 600 to 645, unless the context otherwise requires:
(1) "Abused or neglected child" means a child whose health or welfare is harmed or
threatened with harm when:
(a) His or her parent, guardian, person in a position of authority or special trust, as
defined in KRS 532.045, or other person exercising custodial control or
supervision of the child:
1.
Inflicts or allows to be inflicted upon the child physical or emotional
injury as defined in this section by other than accidental means;
2.
Creates or allows to be created a risk of physical or emotional injury as
defined in this section to the child by other than accidental means;
3.
Engages in a pattern of conduct that renders the parent incapable of
caring for the immediate and ongoing needs of the child including, but
not limited to, parental incapacity due to alcohol and other drug abuse as
defined in KRS 222.005;
4.
Continuously or repeatedly fails or refuses to provide essential parental
care and protection for the child, considering the age of the child;
5.
Commits or allows to be committed an act of sexual abuse, sexual
exploitation, or prostitution upon the child;
6.
Creates or allows to be created a risk that an act of sexual abuse, sexual
exploitation, or prostitution will be committed upon the child;
7.
Abandons or exploits the child;
8.
Does not provide the child with adequate care, supervision, food,
clothing, shelter, and education or medical care necessary for the child's
well-being. A parent or other person exercising custodial control or
supervision of the child legitimately practicing the person's religious
beliefs shall not be considered a negligent parent solely because of
failure to provide specified medical treatment for a child for that reason
alone. This exception shall not preclude a court from ordering necessary
medical services for a child;
9.
Fails to make sufficient progress toward identified goals as set forth in
the court-approved case plan to allow for the safe return of the child to
the parent that results in the child remaining committed to the cabinet
and remaining in foster care for fifteen (15) of the most recent twentytwo (22) months; or
(b) A person twenty-one (21) years of age or older commits or allows to be
committed an act of sexual abuse, sexual exploitation, or prostitution upon a
child less than sixteen (16) years of age;
(2) "Aggravated circumstances" means the existence of one (1) or more of the
following conditions:
(a) The parent has not attempted or has not had contact with the child for a period
of not less than ninety (90) days;
(b)
The parent is incarcerated and will be unavailable to care for the child for a
period of at least one (1) year from the date of the child's entry into foster care
and there is no appropriate relative placement available during this period of
time;
(c) The parent has sexually abused the child and has refused available treatment;
(d) The parent has been found by the cabinet to have engaged in abuse of the
child that required removal from the parent's home two (2) or more times in
the past two (2) years; or
(e) The parent has caused the child serious physical injury;
(3) "Beyond the control of parents" means a child who has repeatedly failed to follow
the reasonable directives of his or her parents, legal guardian, or person exercising
custodial control or supervision other than a state agency, which behavior results in
danger to the child or others, and which behavior does not constitute behavior that
would warrant the filing of a petition under KRS Chapter 645;
(4) "Beyond the control of school" means any child who has been found by the court to
have repeatedly violated the lawful regulations for the government of the school as
provided in KRS 158.150, and as documented in writing by the school as a part of
the school's petition or as an attachment to the school's petition. The petition or
attachment shall describe the student's behavior and all intervention strategies
attempted by the school;
(5) "Boarding home" means a privately owned and operated home for the boarding and
lodging of individuals which is approved by the Department of Juvenile Justice or
the cabinet for the placement of children committed to the department or the
cabinet;
(6) "Cabinet" means the Cabinet for Health and Family Services;
(7) "Certified juvenile facility staff" means individuals who meet the qualifications of,
and who have completed a course of education and training in juvenile detention
developed and approved by, the Department of Juvenile Justice after consultation
with other appropriate state agencies;
(8) "Child" means any person who has not reached his or her eighteenth birthday,
unless otherwise provided;
(9) "Child-caring facility" means any facility or group home other than a state facility,
Department of Juvenile Justice contract facility or group home, or one certified by
an appropriate agency as operated primarily for educational or medical purposes,
providing residential care on a twenty-four (24) hour basis to children not related by
blood, adoption, or marriage to the person maintaining the facility;
(10) "Child-placing agency" means any agency, other than a state agency, which
supervises the placement of children in foster family homes or child-caring facilities
or which places children for adoption;
(11) "Clinical treatment facility" means a facility with more than eight (8) beds
designated by the Department of Juvenile Justice or the cabinet for the treatment of
mentally ill children. The treatment program of such facilities shall be supervised by
a qualified mental health professional;
(12) "Commitment" means an order of the court which places a child under the custodial
control or supervision of the Cabinet for Health and Family Services, Department of
Juvenile Justice, or another facility or agency until the child attains the age of
eighteen (18) unless otherwise provided by law;
(13) "Community-based facility" means any nonsecure, homelike facility licensed,
operated, or permitted to operate by the Department of Juvenile Justice or the
cabinet, which is located within a reasonable proximity of the child's family and
home community, which affords the child the opportunity, if a Kentucky resident, to
continue family and community contact;
(14) "Complaint" means a verified statement setting forth allegations in regard to the
child which contain sufficient facts for the formulation of a subsequent petition;
(15) "Court" means the juvenile session of District Court unless a statute specifies the
adult session of District Court or the Circuit Court;
(16) "Court-designated worker" means that organization or individual delegated by the
Administrative Office of the Courts for the purposes of placing children in
alternative placements prior to arraignment, conducting preliminary investigations,
and formulating, entering into, and supervising diversion agreements and
performing such other functions as authorized by law or court order;
(17) "Deadly weapon" has the same meaning as it does in KRS 500.080;
(18) "Department" means the Department for Community Based Services;
(19) "Dependent child" means any child, other than an abused or neglected child, who is
under improper care, custody, control, or guardianship that is not due to an
intentional act of the parent, guardian, or person exercising custodial control or
supervision of the child;
(20) "Detention" means the safe and temporary custody of a juvenile who is accused of
conduct subject to the jurisdiction of the court who requires a restricted or closely
supervised environment for his or her own or the community's protection;
(21) "Detention hearing" means a hearing held by a judge or trial commissioner within
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any
period of detention prior to adjudication;
(22) "Diversion agreement" means a mechanism designed to hold a child accountable for
his or her behavior and, if appropriate, securing services to serve the best interest of
the child and to provide redress for that behavior without court action and without
the creation of a formal court record;
(23) "Eligible youth" means a person who:
(a) Is or has been committed to the cabinet as dependent, neglected, or abused;
(b) Is eighteen (18) years of age to nineteen (19) years of age; and
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in
order to participate in state or federal educational programs or to establish
independent living arrangements;
(24) "Emergency shelter" is a group home, private residence, foster home, or similar
homelike facility which provides temporary or emergency care of children and
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
adequate staff and services consistent with the needs of each child;
"Emotional injury" means an injury to the mental or psychological capacity or
emotional stability of a child as evidenced by a substantial and observable
impairment in the child's ability to function within a normal range of performance
and behavior with due regard to his or her age, development, culture, and
environment as testified to by a qualified mental health professional;
"Evidence-based practices" means policies, procedures, programs, and practices
proven by scientific research to reliably produce reductions in recidivism;
"Firearm" shall have the same meaning as in KRS 237.060 and 527.010;
"Foster family home" means a private home in which children are placed for foster
family care under supervision of the cabinet or a licensed child-placing agency;
"Graduated sanction" means any of a continuum of accountability measures,
programs, and sanctions, ranging from less restrictive to more restrictive in nature,
that may include but are not limited to:
(a) Electronic monitoring;
(b) Drug and alcohol screening, testing, or monitoring;
(c) Day or evening reporting centers;
(d) Reporting requirements;
(e) Community service; and
(f) Rehabilitative interventions such as family counseling, substance abuse
treatment, restorative justice programs, and behavioral or mental health
treatment;
"Habitual runaway" means any child who has been found by the court to have been
absent from his or her place of lawful residence without the permission of his or her
custodian for at least three (3) days during a one (1) year period;
"Habitual truant" means any child who has been found by the court to have been
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a
one (1) year period;
"Hospital" means, except for purposes of KRS Chapter 645, a licensed private or
public facility, health care facility, or part thereof, which is approved by the cabinet
to treat children;
"Independent living" means those activities necessary to assist a committed child to
establish independent living arrangements;
"Informal adjustment" means an agreement reached among the parties, with
consultation, but not the consent, of the victim of the crime or other persons
specified in KRS 610.070 if the victim chooses not to or is unable to participate,
after a petition has been filed, which is approved by the court, that the best interest
of the child would be served without formal adjudication and disposition;
"Intentionally" means, with respect to a result or to conduct described by a statute
which defines an offense, that the actor's conscious objective is to cause that result
or to engage in that conduct;
(36) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that
the program developed on the child's behalf is no more harsh, hazardous, or
intrusive than necessary; or involves no restrictions on physical movements nor
requirements for residential care except as reasonably necessary for the protection
of the child from physical injury; or protection of the community, and is conducted
at the suitable available facility closest to the child's place of residence to allow for
appropriate family engagement;
(37) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117;
(38) "Near fatality" means an injury that, as certified by a physician, places a child in
serious or critical condition;
(39) "Needs of the child" means necessary food, clothing, health, shelter, and education;
(40) "Nonoffender" means a child alleged to be dependent, neglected, or abused and who
has not been otherwise charged with a status or public offense;
(41) "Nonsecure facility" means a facility which provides its residents access to the
surrounding community and which does not rely primarily on the use of physically
restricting construction and hardware to restrict freedom;
(42) "Nonsecure setting" means a nonsecure facility or a residential home, including a
child's own home, where a child may be temporarily placed pending further court
action. Children before the court in a county that is served by a state operated secure
detention facility, who are in the detention custody of the Department of Juvenile
Justice, and who are placed in a nonsecure alternative by the Department of
Juvenile Justice, shall be supervised by the Department of Juvenile Justice;
(43) "Out-of-home placement" means a placement other than in the home of a parent,
relative, or guardian, in a boarding home, clinical treatment facility, communitybased facility, detention facility, emergency shelter, foster family home, hospital,
nonsecure facility, physically secure facility, residential treatment facility, or youth
alternative center;
(44) "Parent" means the biological or adoptive mother or father of a child;
(45) "Person exercising custodial control or supervision" means a person or agency that
has assumed the role and responsibility of a parent or guardian for the child, but that
does not necessarily have legal custody of the child;
(46) "Petition" means a verified statement, setting forth allegations in regard to the child,
which initiates formal court involvement in the child's case;
(47) "Physical injury" means substantial physical pain or any impairment of physical
condition;
(48) "Physically secure facility" means a facility that relies primarily on the use of
construction and hardware such as locks, bars, and fences to restrict freedom;
(49) "Public offense action" means an action, excluding contempt, brought in the interest
of a child who is accused of committing an offense under KRS Chapter 527 or a
public offense which, if committed by an adult, would be a crime, whether the same
is a felony, misdemeanor, or violation, other than an action alleging that a child
sixteen (16) years of age or older has committed a motor vehicle offense;
(50) "Qualified mental health professional" means:
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while
engaged in the performance of official duties;
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while
engaged in the practice of official duties, and who is certified or eligible to
apply for certification by the American Board of Psychiatry and Neurology,
Inc.;
(c) A psychologist with the health service provider designation, a psychological
practitioner, a certified psychologist, or a psychological associate licensed
under the provisions of KRS Chapter 319;
(d) A licensed registered nurse with a master's degree in psychiatric nursing from
an accredited institution and two (2) years of clinical experience with mentally
ill persons, or a licensed registered nurse with a bachelor's degree in nursing
from an accredited institution who is certified as a psychiatric and mental
health nurse by the American Nurses Association and who has three (3) years
of inpatient or outpatient clinical experience in psychiatric nursing and who is
currently employed by a hospital or forensic psychiatric facility licensed by
the Commonwealth or a psychiatric unit of a general hospital or a regional
comprehensive care center;
(e) A licensed clinical social worker licensed under the provisions of KRS
335.100, or a certified social worker licensed under the provisions of KRS
335.080 with three (3) years of inpatient or outpatient clinical experience in
psychiatric social work and currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a
general hospital or a regional comprehensive care center;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300
to 335.399 with three (3) years of inpatient or outpatient clinical experience in
psychiatric mental health practice and currently employed by a hospital or
forensic psychiatric facility licensed by the Commonwealth, a psychiatric unit
of a general hospital, or a regional comprehensive care center; or
(g) A professional counselor credentialed under the provisions of KRS 335.500 to
335.599 with three (3) years of inpatient or outpatient clinical experience in
psychiatric mental health practice and currently employed by a hospital or
forensic facility licensed by the Commonwealth, a psychiatric unit of a general
hospital, or a regional comprehensive care center;
(51) "Residential treatment facility" means a facility or group home with more than eight
(8) beds designated by the Department of Juvenile Justice or the cabinet for the
treatment of children;
(52) "Retain in custody" means, after a child has been taken into custody, the continued
holding of the child by a peace officer for a period of time not to exceed twelve (12)
hours when authorized by the court or the court-designated worker for the purpose
(53)
(54)
(55)
(56)
(57)
(58)
(59)
(60)
(61)
(62)
of making preliminary inquiries;
"Risk and needs assessment" means an actuarial tool scientifically proven to
identify specific factors and needs that are related to delinquent and noncriminal
misconduct;
"School personnel" means those certified persons under the supervision of the local
public or private education agency;
"Secretary" means the secretary of the Cabinet for Health and Family Services;
"Secure juvenile detention facility" means any physically secure facility used for the
secure detention of children other than any facility in which adult prisoners are
confined;
"Serious physical injury" means physical injury which creates a substantial risk of
death or which causes serious and prolonged disfigurement, prolonged impairment
of health, or prolonged loss or impairment of the function of any bodily member or
organ;
"Sexual abuse" includes but is not necessarily limited to any contacts or interactions
in which the parent, guardian, person in a position of authority or special trust, as
defined in KRS 532.045, or other person having custodial control or supervision of
the child or responsibility for his or her welfare, uses or allows, permits, or
encourages the use of the child for the purposes of the sexual stimulation of the
perpetrator or another person;
"Sexual exploitation" includes but is not limited to a situation in which a parent,
guardian, person in a position of authority or special trust, as defined in KRS
532.045, or other person having custodial control or supervision of a child or
responsible for his or her welfare, allows, permits, or encourages the child to engage
in an act which constitutes prostitution under Kentucky law; or a parent, guardian,
person in a position of authority or special trust, as defined in KRS 532.045, or
other person having custodial control or supervision of a child or responsible for his
or her welfare, allows, permits, or encourages the child to engage in an act of
obscene or pornographic photographing, filming, or depicting of a child as provided
for under Kentucky law;
"Social service worker" means any employee of the cabinet or any private agency
designated as such by the secretary of the cabinet or a social worker employed by a
county or city who has been approved by the cabinet to provide, under its
supervision, services to families and children;
"Staff secure facility for residential treatment" means any setting which assures that
all entrances and exits are under the exclusive control of the facility staff, and in
which a child may reside for the purpose of receiving treatment;
(a) "Status offense action" is any action brought in the interest of a child who is
accused of committing acts, which if committed by an adult, would not be a
crime. Such behavior shall not be considered criminal or delinquent and such
children shall be termed status offenders. Status offenses shall include:
1.
Beyond the control of school or beyond the control of parents;
2.
Habitual Runaway;
(63)
(64)
(65)
(66)
(67)
(68)
(69)
3.
Habitual truant;
4.
Tobacco offenses as provided in KRS 438.305 to 438.340; and
5.
Alcohol offenses as provided in KRS 244.085.
(b) Status offenses shall not include violations of state or local ordinances which
may apply to children such as a violation of curfew;
"Take into custody" means the procedure by which a peace officer or other
authorized person initially assumes custody of a child. A child may be taken into
custody for a period of time not to exceed two (2) hours;
"Transitional living support" means all benefits to which an eligible youth is
entitled upon being granted extended or reinstated commitment to the cabinet by the
court;
"Transition plan" means a plan that is personalized at the direction of the youth that:
(a) Includes specific options on housing, health insurance, education, local
opportunities for mentors and continuing support services, and workforce
supports and employment services; and
(b) Is as detailed as the youth may elect;
"Valid court order" means a court order issued by a judge to a child alleged or found
to be a status offender:
(a) Who was brought before the court and made subject to the order;
(b) Whose future conduct was regulated by the order;
(c) Who was given written and verbal warning of the consequences of the
violation of the order at the time the order was issued and whose attorney or
parent or legal guardian was also provided with a written notice of the
consequences of violation of the order, which notification is reflected in the
record of the court proceedings; and
(d) Who received, before the issuance of the order, the full due process rights
guaranteed by the Constitution of the United States;
"Violation" means any offense, other than a traffic infraction, for which a sentence
of a fine only can be imposed;
"Youth alternative center" means a nonsecure facility, approved by the Department
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and
after adjudication, which meets the criteria specified in KRS 15A.320; and
"Youthful offender" means any person regardless of age, transferred to Circuit
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently
convicted in Circuit Court.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 132, sec. 24, effective July 15, 2014. -- Amended
2012 Ky. Acts ch. 143, sec. 1, effective July 12, 2012; and ch. 148, sec. 1, effective
July 12, 2012. -- Amended 2008 Ky. Acts ch. 87, sec. 1, effective July 15, 2008. -Amended 2005 Ky. Acts ch. 99, sec. 659, effective June 20, 2005; and ch. 172, sec.
3, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 116, sec. 16, effective July
13, 2004. -- Amended 2002 Ky. Acts ch. 99, sec. 4, effective March 28, 2002. -Amended 2000 Ky. Acts ch. 14, sec. 57, effective July 14, 2000; ch. 60, sec. 1,
effective July 14, 2000; ch. 193, sec. 1, effective July 14, 2000; and ch. 534, sec. 6,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 57, sec. 2, effective March
17, 1998; ch. 303, sec. 1, effective July 15, 1998; ch. 426, sec. 611, effective July 15,
1998; and ch. 538, sec. 13, effective April 13, 1998. -- Amended 1996 Ky. Acts ch.
358, sec. 9, effective in part July 1, 1997, and in part July 15, 1997; and ch. 369, sec.
21, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 30, sec. 4, effective July
15, 1994; ch. 368, sec. 2, effective July 15, 1994; and ch. 498, sec. 15, effective July
15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 1, effective April 10, 1988. -Created 1986 Ky. Acts ch. 423, sec. 2, effective July 1, 1987.
Legislative Research Commission Note (7/12/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has inserted paragraph designations into subsections
(23) and (63) of this statute. The words in the text were not changed.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 57, 303, 426, and 538. Where these Acts are not in conflict, they have
been codified together. A conflict exists between ch. 538, which is nonrevisory and
substantive in nature, and ch. 426, which is a revisory amendment to reflect an
agency name change. In codification of this conflict, ch. 538 has been allowed to
prevail Cf. KRS 7.136(3).
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