2021 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 -- Waiver -- Medical diagnostic procedures -- Sharing information with relatives -- Interaction among siblings who are not jointly placed.
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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 -- Waiver -- Medical
diagnostic procedures -- Sharing information with relatives -- Interaction
among siblings who are not jointly placed.
(1)
(2)
(3)
(4)
(5)
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)
(e)
(f)
(g)
(h)
(i)
(j)
(6)
(a)
A licensed child-caring facility or child-placing agency evaluating placement
for or serving a child who is believed to be the victim of an abuse, neglect, or
dependency report;
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;
A noncustodial parent when the dependency, neglect, or abuse is
substantiated;
Members of multidisciplinary teams as defined by KRS 620.020 and which
operate pursuant to KRS 431.600;
Employees or designated agents of a children's advocacy center;
Those persons so authorized by court order; or
The external child fatality and near fatality review panel established by KRS
620.055.
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, including a cabinet investigation
or assessment of child abuse, neglect, and dependency in accordance
with this chapter;
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;
4.
The external child fatality and near fatality review panel established by
KRS 620.055; and
5.
The parties to an administrative hearing conducted by the cabinet or its
designee in accordance with KRS Chapter 13B in an appeal of a cabinetsubstantiated finding of abuse or neglect. The children's advocacy center
may, in its sole discretion, provide testimony in lieu of files, reports,
notes, photographs, records, electronic and other communications, and
working papers used or developed by the center if the center determines
that the release poses a threat to the safety or well-being of the child, or
would be in the best interests of the child. Following the administrative
hearing and any judicial review, the parties to the administrative hearing
shall return all files, reports, notes, photographs, records, electronic and
other communications, and working papers used or developed by the
children's advocacy center to the center.
(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 or
neglect 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 or respondent's counsel that the
defendant's or respondent's counsel shall not duplicate.
(b) The defendant's or respondent'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
(12)
(13)
(14)
(15)
620.055.
(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.
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.
As a result of any report of suspected child abuse or neglect, photographs and Xrays 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 or an administrative hearing conducted by the cabinet or its
designee in accordance with KRS Chapter 13B in an appeal of a cabinetsubstantiated finding of child abuse or neglect. 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.
In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a
child in the custody of the cabinet with a relative or a parent of the child's sibling for
the purposes of:
(a) Evaluating or arranging a placement for the child;
(b)
(c)
Arranging appropriate treatment services for the child; or
Establishing visitation between the child and a relative, including a sibling of
the child.
(16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of siblings
removed from their home who are not jointly placed, provide for frequent visitation
or other ongoing interaction between the siblings, unless the cabinet determines that
frequent visitation or other ongoing interaction would be contrary to the safety or
well-being of any of the siblings.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 3, sec. 1, effective June 27, 2019. -- Amended
2018 Ky. Acts ch. 159, sec. 19, effective July 14, 2018. -- Amended 2016 Ky. Acts
ch. 115, sec. 6, effective July 15, 2016. -- 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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