2021 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)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
Upon receipt of a report alleging abuse or neglect by a parent, guardian, fictive
kin, person in a position of authority, person in a position of special trust, 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.
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.
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.
If the report alleges abuse or neglect by someone other than a parent, guardian,
fictive kin, person in a position of authority, person in a position of special
trust, 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.
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.
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.
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.
(3)
(4)
(5)
(6)
If the cabinet or its designated representative receives a report of abuse by a person
other than a parent, guardian, fictive kin, person in a position of authority, person in
a position of special trust, 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
(7)
(8)
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) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local
children's advocacy center.
Nothing in this section shall limit the cabinet's investigatory authority under KRS
620.050 or any other obligation imposed by law.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 33, sec. 10, effective June 27, 2019. -- 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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