KENTUCKY

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WHO:        EVERY person MUST report who knows or has reasonable cause to believe that a child is (a) dependent, neglected, or abused or (b) a victim of human trafficking. [Rev. Stat. §§ 620.030(1),(3)]

These especially are mandatory (MUST report): • Physicians, osteopathic physicians, nurses, coroners, medical examiners, residents, interns, chiropractors, dentists, optometrists, emergency medical technicians, paramedics, or health professionals • Teachers, school personnel, or child care personnel • Social workers or mental health professionals • Peace officers • Any organization or agency for any of those groups.  [Rev. Stat. § 620.030(2)] 

·       NOTE: The standards for all persons are not limited to observations at work. The mandates cover observations made at any time.

·       STANDARD:  Child means under age 18.  [Rev. Stat. §§ 600.020(9); 620.030(1)-(3)]

(1)   For mandatory reporters (due to profession): know or have reasonable cause to believe that a child is (a) dependent, neglected, or abused, or (b) a victim of human trafficking, either way regardless of who is believed to have caused it.

(2)   For all other reporters: same standard as for mandatory reporters.

·       PRIVILEGE: Only attorney-client and clergy-penitent privilege are exempt; those for husband-wife and professional-client/patient are not.  [Rev. Stat. §§ 620.030(4)]

WHEN:      (1) IMMEDIATE oral (phone or otherwise) or written report. (2) If requested, reporters mandated by profession MUST make a written report within 48 HOURS after the original report.  [Rev. Stat. §§ 620.030(1)-(3)]

WHERE & HOW:  Reports are (caused to be) made to any of:  [Rev. Stat. §§ 620.030(1)-(3)]

(1)   A local law enforcement agency (see directory at https://www.usacops.com/ky/);

(2)   Department of Kentucky State Police, (reachable at (502) 782-1800);

(3)   The Cabinet for Health & Family Services (CHFS) or its representative; CHFS takes hotline reports via its Department for Community Based Services (DCBS). Within DCBS is the Division of Protection and Permanency;

(4)   The Commonwealth’s attorney (felony prosecutors) (for a directory by county or circuit, see http://www.kycommonwealthattorneys.org/members.php); or

(5)   The county attorney (prosecutors) (by county, see: http://kycaa.com/directory/ or for Commonwealth and county attorneys, see https://ag.ky.gov/Pages/attorneys.aspx).

OTHER CONTACT DATA:

·       For emergencies:            Dial 911 or local law enforcement; report afterward.

·       Hotline (24/7, toll-free):    1-877-597-2331  (1-877-KYSAFE1) or 1-800-752-6200.

If you have technical difficulty, call 1-866-231-0003, Option 3, during business hours.

·       For online reports (non-emergency only), see: https://chfs.ky.gov/agencies/dcbs/dpp/cpb/Pages/default.aspx (only available during business hours, Mon.-Fri. 8:00 am to 4:30 pm Eastern Time)

·       For faxing or mailing reports (both non-emergency only), see directory by region and county at: https://chfs.ky.gov/agencies/dcbs/dsr/Pages/default.aspx or by county with street address, phone & fax at: https://prd.webapps.chfs.ky.gov/Office_Phone/

Handbook for mandatory reporters:        

·          https://www.chfs.ky.gov/agencies/dcbs/dpp/PublishingImages/Pages/default/Reporting%20Child%20Abuse%20and%20Neglect%20Booklet.doc

OTHER INFORMATION:

·       INSTITUTIONS:  Any supervisor who receives an employee’s report of suspected dependency, neglect, or abuse MUST promptly report it to the proper authorities, AND the employee must report to authorities also [separately].  [Rev. Stat. § 620.030(1)]

·       REPORT DETAILS: written reports MUST contain:  (a) names & addresses of the child & his/her parent(s) or others in control or supervision; (b) child's age; (c) nature & extent of the alleged dependency, neglect, or abuse, including any previous charges of them as to the child or siblings; (d) alleged abuser’s or neglecter’s name & address; (e) any other info the reporter believes may help. DCBS intake staff or designees will seek as much info as possible about circumstances, including: (f) specifics as to nature & extent of abuse, neglect, dependency, or human trafficking; (g) cause of those; (h) child & family’s location; (i) knowledge or suspicion of a previous incident; (j) witness-identifying info; (k) reporter’s action, if any; (l) present danger or threat of it to the child or DCBS staff. [Rev. Stat. § 620.030(2); Admin. Reg. tit. 922, § 1:330 at 2.(2)]

·       REPORTER PROTECTION:  (1) The reporter is not specifically required by statute to provide his/her name. (2) The agency must not disclose his/her identity except for need to know by law enforcement, the investigating agency, local multidisciplinary teams for abuse, the (near- &) fatality review panel, or under court order for reasonable cause to believe that a report was in bad faith.  [Rev. Stat. § 620.050(11)]  (3) Reporters acting on reasonable cause in good faith are immune from civil and criminal liability, but not for negligent advocacy for a child.  [Rev. Stat. §§ 620.050(1),(2)] 

WHY:        (1) Intentionally violating the reporting requirement is a class B misdemeanor for the first offense, class A misdemeanor for the second offense, and class D felony for each subsequent offense.  [Rev. Stat. § 620.030(6)]  (2) Knowingly false reports made with malice are a class A misdemeanor.  [Rev. Stat. § 620.050(1)]  Malice means without lawful excuse.

WHAT:      Kentucky requires reporting of (a) dependency (meaning the child lacks care or supervision through no fault of the parent), (b) neglect, (c) abuse and (d) human trafficking (for prostitution). Abuse or neglect include: nonaccidental physical or emotional injury; sexual abuse or exploitation or prostitution; other exploitation or abandonment; and failure to make sufficient progress for a court-approved case plan.  [Rev. Stat. §§ 620.030(2); 600.020(1)]

Initial Screening Criteria (DCBS): (1) risk of harm; (2) immediate safety; (3) child under age 18; & (4) the alleged wrongdoer is a caretaker. Sexual abuse or human trafficking is high risk.  [Rev. Stat. § 620.040; Admin. Reg. tit. 922, § 1:330 Section 3; pp. 5-6 of https://prdweb.chfs.ky.gov/kyfaces/Content/docs/Reporting-Child-Abuse-Neglect-Booklet.pdf] 

·        Do NOT report the following unless it harms / impairs / adversely affects the child OR there is reason to believe there was abuse or neglect:  improper clothing; poor diet; poor hygiene; parent with several boy/girl friends; ambulatory child’s minor marks in routine areas (e.g., knees); age-appropriate corporal punishment without injuries, marks, or substantial risk of harm; or incidents with insufficient info to locate the child      

[pp. 5-6 of https://prdweb.chfs.ky.gov/kyfaces/Content/docs/Reporting-Child-Abuse-Neglect-Booklet.pdf]

Reportable: (1) any child (and NOT the caretaker) for dependency; (2) a caretaker for physical abuse, emotional abuse, neglect, or sexual abuse / exploitation / prostitution; (3) anyone age 21 or more for sexual abuse / exploitation / prostitution of a child under age 16; or (4) anyone for human trafficking.  [Rev. Stat. § 600.020]  But see 2^nd bullet below.

·        Caretaker means a parent, guardian, fictive kin, person in a position of authority or special trust, or other person exercising custodial control or supervision of a child, either temporarily or permanently. “Fictive kin” means someone who has an emotionally significant relationship with the child though they are not related by birth, adoption or marriage.  [Rev. Stat. § 600.020; Admin. Reg. tit. 922, § 1:330(3); p. 13 of https://www.chfs.ky.gov/agencies/dcbs/dpp/PublishingImages/Pages/default/Reporting%20Child%20Abuse%20and%20Neglect%20Booklet.doc]

·        Note on other abusers: Except for human trafficking, DCBS refers any reports about abuse, neglect, or dependency by a non-caretaker to (a) the Commonwealth's or county attorney and (b) local law enforcement or state police.  [Rev. Stat. § 620.030(1)]

I.  Dependent means a child is (a) not abused or neglected but (b) lacks proper care, custody, control, or guardianship (c) due to no fault of the caretaker. Examples: a parent is physically or mentally ill or injured or died.  [Rev. Stat. § 600.020(20); p. 16 of

https://www.chfs.ky.gov/agencies/dcbs/dpp/PublishingImages/Pages/default/Reporting%20Child%20Abuse%20and%20Neglect%20Booklet.doc]

II.  Abuse or Neglect is harm or threat to health or welfare when: [Rev. Stat. § 600.020(1); p. 16 of https://www.chfs.ky.gov/agencies/dcbs/dpp/PublishingImages/Pages/default/Reporting%20Child%20Abuse%20and%20Neglect%20Booklet.doc]

(A)     The child’s caretaker does any of the following to him/her:

(1)     PHYSICAL OR EMOTIONAL ABUSE: Inflicts or allows non-accidental physical or emotional injury, or creates or allows a risk of it.

(a)    Physical abuse examples include: (a) hitting, kicking, biting; (b) harmful restraint (choking); (c) beating (repeated blows); (d) use of a weapon or instrument; or (e) other action resulting in substantial pain or impairment.

                                                            (i)     “Physical injury” is substantial physical pain or any physical impairment.

                                                           (ii)     “Serious physical injury”: (1) creates a substantial risk of death; or causes (2) serious, prolonged disfigurement, (3) prolonged impairment of health, or (4) prolonged loss or impairment of any bodily function.

(b)    Emotional abuse involves: (a) injury to a child’s mental or psychological capacity or emotional stability, evidenced by (b) substantial observable impairment in function in a normal range of performance and behavior for his/her age, development, culture & environment (c) attested by a mental health professional. Examples: (i) withdrawing love; (ii) ignoring; (iii) name-calling; (iv) ridiculing; (v) threats; (vi) isolating; (vii) scapegoating; (viii) cruel or bizarre punishment; (ix) terrorizing; & (x) rejection.

(2)     NEGLECT:

(a)      Engages in conduct that renders the caretaker incapable of caring for the child’s immediate and ongoing needs, e.g., by alcohol or drug abuse;

(b)      Does not provide adequate care, supervision, food, clothing, shelter, education (attendance) or medical care necessary for the child's well-being;

                                                              (i)      Exception: a caretaker legitimately practicing religious beliefs may avoid specified medical treatment, but a court may intervene;

(c)      Fails or refuses to provide parental care and protection that is essential at the child’s age, continuously or repeatedly;

(d)      Abandons the child; or

(e)      Fails to make enough progress in a court-approved plan for the child’s return, thus s/he is in foster care for 15 of the most recent 22 months;

(3)     SEXUAL ABUSE: commits or allows an act of sexual abuse / exploitation / prostitution on the child, or creates or allows a risk of it.

(a)      SEXUAL ABUSE uses / allows / permits / encourages contacts or interaction with children for anyone’s sexual stimulation, such as by an adult or juvenile molesting and/or raping a child. Examples: (a) genital exposure; (b) fondling; (c) masturbating victim; (d) oral sex; or (e) penetration of vagina or anus.

(b)      Sexual exploitation includes, but is not limited to, allowing, permitting, or encouraging the child to engage in prostitution OR an act of obscene or pornographic photographing, filming, or depicting of a child.

(c)      Context: age of consent is 16. A child age 16 or 17 can consent to someone age 16 or more but less than 10 years older at the time. Age of consent is 18 with someone in a position of trust or authority over self. Sex between persons under age 16 is a crime for each. There is a defense if a child age 14 or 15 could consent otherwise, and the other is under age 18 or no more than 5 years older than the child.  [Rev. Stat. §§ 510.020; 510.120; 510.130]

                                                         (i)      Consent depends on (a) age; (b) express or implicit acquiesce; (c) free will; (d) mental capacity; (d) mental health; (e) ability to resist; and (f) no custodian-ward pairing. The exceptions are between lawfully married spouses where no court order prohibits contact.  [Rev. Stat. § 510.020]

(d)      Context: incest is sexual intercourse or deviate sexual intercourse, knowing that the partner is one’s: (a) ancestor or descendant; (b) uncle or aunt; or (c) brother or sister. These include: whole or half blood relationships without regard to legitimacy; parent with child by adoption; stepparent with stepchild; and step-grandparent with step-grandchild.  [Rev. Stat. § 510.010]

(4)     OTHER EXPLOITATION: exploits the child. or

(B)     Anyone age 21 or older commits or allows sexual abuse, sexual exploitation, or prostitution on a child under age 16.

III.  Human Trafficking: (1) child(ren) (2) subjected to criminal involvement in (3) forced labor or commercial sexual activity (prostitution) regardless of any force, fraud or coercion – and for prostitution, regardless of pimping. Examples are: (a) prostitution rings; (b) massage parlors, strip clubs, etc.; (c) a foreman or supervisor separating migrant workers from law enforcement or controlling communication with them; and (d) crimes involving immigrant children in prostitution or forced labor.  [Rev. Stat. §§ 529.010(2),(5)]