DIVISION OF CHILD ABUSE AND DOMESTIC VIOLENCE SERVICES
Department for Human Support Services
Cabinet for Health and Family Services

Mandatory Reporting of Child and Spouse Abuse

Child Protection Act
KRS 620 provides for the protection of children through the mandatory reporting of known or suspected child abuse. All states require similar duties of persons related to the reportage of child abuse.

Definition of abused or neglected child (KRS 620.020(1) means a child whose health or welfare is harmed or threatened with harm when his parent, guardian 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 by other than accidental means;
(2) creates or allows to be created a risk of physical or emotional injury to the child by other than accidental means;
(3) commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
(4) creates or allows to be created a risk than an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
(5) abandons or exploits such child;
(6) or does not provide the child with adequate care, supervision, food, clothing, shelter and education or medical care necessary for the child's well-being.

Definition of dependent child (KRS 620.020(2)) means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship than it not due to an intentional act of the parent, guardian or person exercising custodial control or supervision of the child.

Definition of abuse and exploitation (KRS 620.020(37)) means emotional or physical harm or sexual abuse as defined below:

emotional harm means harm to the mental or psychological capacity or emotional stability of a child as testified to be a qualified mental health professional;

emotional injury means an injury to the mental or psychological capacity or emotional stability or a child as evidenced by a substantial and observable impairment in his or her ability to function within a normal range of performance and behavior with due regard to age development, culture and environment;

physical injury means substantial physical pain or any impairment of physical condition;

sexual abuse includes, but is not limited to any contacts or interactions between a child and an adult in which the parent, guardian or other person having custodial control or supervision of the child or responsibility 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 involvement of the child in prostitution or acts of obscene or pornographic photographing, filming, or depicting of a child.

Who Shall Report? (KRS 620.030) - Any person who knows or has reasonable cause to believe that a child is dependent, neglected or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky State Police; the Department for Social Services; the Commonwealth's Attorney; or the County Attorney. Unless requested by law enforcement, the Department for Social Services investigates only those cases of abuse or neglect alleged to have been committed by a parent, guardian, or other person in care, custody or control of the child.

Investigation Process (KRS 620.040) - If the report alleges abuse or neglect of a child, the Department for Social Services shall investigate the matter immediately and shall within 48 hours, exclusive of weekends and holidays, make a written report to the County or Commonwealth Attorney. If the report alleges dependency, the Department for Social Services shall investigate the matter not later than 48 hours after receipt of the report, but need not notify law enforcement or the County or Commonwealth Attorney.

Interference With Reportage (KRS 620.040(2)) - School personnel and other agencies do not have the authority to conduct an internal investigation on lieu of the investigation process outlined above.

Children in Imminent Danger (KRS 620.040(34)) - If a child appears to be in imminent danger, a law enforcement officer (pursuant to a search warrant) may remove the child. If a child in a hospital or under the immediate care of a physician appears to be in imminent danger if returned to the persons having custody of the child, the physician or hospital administrator may hold the child without a court order for a period not to exceed 72 hours. When a child is taken into custody by a law enforcement officer, hospital administrator or physician, a written notice shall be provided to the parent stating the reasons for removal of the child.

Immunity (KRS 620.050) - Anyone acting upon reasonable cause in the making of a report in good faith shall have immunity from any civil or criminal liability. Neither the husband-wife nor any professional-client privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report known or suspected child abuse.

Confidentiality (KRS 620.050(4)) - All information obtained by the Department for Social Services in the course of an investigation under this chapter shall not be divulged to anyone except:

persons suspected of causing dependency, neglect or abuse, provided that in such cases names of informants shall be withheld unless otherwise ordered by the court;
the custodial parent or legal guardian of the child;
persons within the cabinet with a legitimate interest or responsibility related to the case;
other medical, psychological, educational, or social service agency, corrections personnel or law enforcement agency with a legitimate interest in the case;
a noncustodial parent when the dependency, neglect or abuse is substantiated; or
those persons so authorized by court order.

Penalty (KRS 620.990) - Any person intentionally violating the provisions of this chapter shall be guilty of a Class B Misdemeanor, punishable by imprisonment of not more than 90 days and/or a fine of not more than $250.

Adult Protection Act
KRS 209 provides for the protection of adults who may be suffering from abuse, neglect, or exploitation through the mandatory reporting of known or suspected abuse cases. All states require similar duties of persons related to the reportage of adult abuse, but Kentucky is unique in the inclusion of spouse abuse within the Adult Protection Act.

Definition of adult (KRS 209.020(4)) means:

A person eighteen (18) years or older, who because of mental or physical dysfunctioning, is unable to manage his own resources or carry out the activity of daily living or protect himself from neglect, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services; or
A person without regard to age who is the victim of abuse or neglect inflicted by a spouse.

Definition of abuse, exploitation, and neglect (KRS 209.020(7,8,15)) means abuse, neglect or exploitation as defined below:

abuse means the infliction of physical pain, mental injury, or injury of an adult.

exploitation means the improper use of an adult or an adult's resources by a caretaker or other person for the profit or advantage of the caretaker or other person.

neglect means a situation in which an adult is unable to perform for himself the services which are necessary to maintain his health or welfare or the deprivation of services by a caretaker which are necessary to maintain the health and welfare of an adult, or a situation in which a person deprives his spouse of reasonable services to maintain health and welfare.

Who Shall Report? (KRS 209.030) - Any person, including, but not limited to, physician, law enforcement officer, nurse, social worker, department personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. Death of the adult does not relieve one of the responsibility for reporting the circumstances surrounding the death.

Investigation Process (KRS 209.030(4)) - Upon receipt of a report, the Department for Social Services is required to notify the appropriate law enforcement agency, conduct an investigation of the allegation and offer protective services to the victim. Adult protective services differ from child protective services in that they are voluntary and may be refused by the adult victim. Department personnel may enter any health facility or health services licensed by the cabinet at any reasonable time to carry out the investigation, and may enter private premises with the permission of the adult or the caretaker.

Immunity (KRS 209.050060) - Anyone acting upon reasonable cause in the making of a report in good faith shall have immunity from any civil or criminal liability. Neither the husband-wife nor the psychiatrist-patient privilege shall be a ground for refusing to report known or suspected adult abuse.

Confidentiality (KRS 209.140) - All information obtained by the Department for Social Services in the course of an investigation under this chapter shall not be divulged to anyone except:

persons suspected of abuse, neglect or exploitation, provided that in such cases names of informants shall be withheld unless otherwise ordered by the court;
persons within the cabinet with a legitimate interest or responsibility related to the case;
other medical, psychological, or social service agency, or law enforcement agency with a legitimate interest in the case;
those persons so authorized by court order; and
the alleged abused or neglected person.

Emergency Protective Services (KRS 209.100) - A court may order protective services on an emergency basis if the court finds that the adult (1) is in a state of abuse or neglect and an emergency exists; (2) the adult is in need of protective services; (3) the adult lacks the capacity to consent or refuse to consent to such services; and (4) no person authorized by law or court order to give consent for the adult is available to consent to emergency protective services or such person refuses to give consent.

Penalty (KRS 209.990):

Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) shall be guilty of a Class B misdemeanor as designated in KRS 532.090.  Each violation shall constitute a separate offense.
Any caretaker who knowingly abuses or neglects an adult is guilty of a Class C felony.
Any caretaker who wantonly abuses or neglects an adult is guilty of a Class D felony.
Any caretaker who recklessly abuses or neglects an adult is guilty of a Class A misdemeanor.
Any caretaker who knowingly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class C felony.
Any caretaker who wantonly or recklessly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class D felony.
Any caretaker who knowingly, wantonly, or recklessly exploits an adult, resulting in a total loss to the adult of three hundred dollars ($300) or less in financial or other resources, or both, is guilty of a Class A misdemeanor.

Reporting and Compliance with Federal Law Related to Substance Abuse Treatment
Current federal regulations provide for strict confidentiality of the records of clients receiving services through alcohol and drug abuse treatment programs. Specifically, the Regulations on Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR, Part 2) provide that disclosure of any information which would identify a client as an alcohol or drug abuser is restricted. Historically, confusion has existed as this federal regulation has appeared to conflict with state laws which mandate the reporting of known or suspected abuse or neglect. Recent changes to the federal confidentiality requirements have clarified the priority of child abuse reporting. Current regulations eliminate any restriction on compliance with state laws and allow the reporting of suspected child abuse or neglect to the Department for Community Based Services (Federal Register, Volume 52, Number 110).

Federal regulations do not specifically address the remaining conflict with the Kentucky law which mandates reports of adult abuse or neglect (KRS 209). As a result, staff of chemical dependency treatment programs may initiate reports of suspected or known adult abuse in only the following manner:

work with the alcohol or drug abuser who is concurrently an alleged victim or perpetrator of abuser neglect to self report and request voluntary protective services;

refrain from providing the name or nature of the agency from which, the report is made, and the nature of the contact with the alleged victim or perpetrator;

initiate the report as an individual rather than as a representative of the chemical dependency treatment program. The source of a report of abuse or neglect is confidential unless it is released by court order (KRS 209.140); or

initiate the report anonymously.