KRS § 620.040 — KY Code / Title LI / Chapter 620 / Section 620.040
620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel -- Procedures -- Military status of parent or legal guardian -- Multidisciplinary teams
Status: in_force

620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school

personnel -- Procedures -- Military status of parent or legal guardian --

Multidisciplinary teams.

(1) (a) Upon receipt of a report alleging abuse or neglect of a child as defined in KRS

600.020 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. If any

agency listed above is the reporting source, the recipient shall immediately

notify the cabinet or its designated representative, the local law enforcement

agency, the Department of Kentucky State Police, and the Commonwealth's

or county attorney of the receipt of the report.

(b) 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. If the:

1. Cabinet's initial determination is that there is risk of harm and

immediate safety concerns for the child, the cabinet shall physically

locate the child within fourteen (14) days of the initial determination;

2. Child is under the age of five (5) years or has other developmental or

cognitive delays or a significant medical or mental health condition, the

cabinet shall physically locate the child within five (5) working days of

the initial determination; and

3. Cabinet does not physically locate the child according to the timeline

established in this paragraph, the cabinet shall contact local law

enforcement to assist in locating the child.

(c) In making the initial determination as to the risk of harm and immediate

safety of the child pursuant to paragraph (b) of this subsection, the cabinet

shall at a minimum:

1. Consider the age and vulnerability of a child, particularly for ages five

(5) years of age and under, when assessing allegations of abuse and

neglect;

2. Accept for investigation a subsequent report from a professional

reporting source, who makes a report pursuant to the requirements in

KRS Chapter 620 that a child is abused or neglected and identifies

himself or herself by name, title, and employer, when the same or

similar allegation has been reported by one (1) or more unique

professional reporting sources within the past thirty (30) days. For the

purposes of this subparagraph "professional reporting source" means an

individual who is a social worker, therapist, medical professional,

educator, judge, attorney, law enforcement officer, or any other

individual holding a degree or position in a field related to the safety and

care of children; and

3. Automatically accept for investigation a report from a court of

appropriate jurisdiction that makes a report pursuant to the requirements

in KRS Chapter 620 that a child is abused or neglected or identifies that

the child is an alleged victim of domestic violence and abuse as defined

in KRS 403.720 or sexual assault as defined in KRS 456.010 in an

active emergency protective order or temporary interpersonal protection

order case.

(d) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and

holidays, make a written report, including but not limited to electronic

submissions, to the Commonwealth's or county attorney and the local law

enforcement agency or the Department of Kentucky State Police concerning

the action that has been taken on the investigation.

(e) 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.

(2) (a) 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.

(b) 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. If the:

1. Cabinet's initial determination is that there is risk of harm and

immediate safety concerns for the child, the cabinet shall physically

locate the child within fourteen (14) days of the initial determination;

2. Child is under the age of five (5) years or has other developmental or

cognitive delays or significant medical or mental health condition, the

cabinet shall physically locate the child within five (5) working days of

the initial determination; and

3. Cabinet does not physically locate the child according to the timeline

established in this paragraph, the cabinet shall contact local law

enforcement to assist in locating the child.

(c) In making the initial determination as to the risk of harm and immediate

safety of the child pursuant to paragraph (b) of this subsection, the cabinet

shall at a minimum:

1. Consider the age and vulnerability of a child, particularly for ages five

(5) years of age and under, when assessing allegations of dependency;

2. Accept for investigation a subsequent report from a professional

reporting source, who makes a report pursuant to the requirements in

KRS Chapter 620 that a child is dependent and identifies himself or

herself by name, title, and employer, when the same or similar allegation

has been reported by one (1) or more unique professional reporting

sources within the past thirty (30) days. For the purposes of this

subparagraph "professional reporting source" means an individual who

is a social worker, therapist, medical professional, educator, judge,

attorney, law enforcement officer, or any other individual holding a

degree or position in a field related to the safety and care of children;

and

3. Automatically accept for investigation a report from a court of

appropriate jurisdiction that makes a report pursuant to the requirements

in KRS Chapter 620 that a child is dependent or identifies that the child

is an alleged victim of domestic violence and abuse as defined in KRS

403.720 or sexual assault as defined in KRS 456.010 in an active

emergency protective order or temporary interpersonal protection order

case.

(d) The cabinet need not notify the local law enforcement agency or the

Department of Kentucky State Police or Commonwealth's or county 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) 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.

(4) 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.

(5) (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.

(e) 1. If a report includes a child fatality or near fatality, and the law

enforcement officer has reasonable grounds to believe any parent or

person exercising custodial control or supervision of the child was under

the influence of alcohol or drugs at the time the fatality or near fatality

occurred, the law enforcement officer shall request a test of blood,

breath, or urine from that person.

2. If, after making the request, consent is not given for the test of blood,

breath, or urine, a search warrant shall be requested from and may be

issued by the judge to the appropriate law enforcement official upon

probable cause that a child fatality or near fatality has occurred and that

the person exercising custodial control or supervision of the child at the

time of the fatality or near fatality was under the influence.

3. Any test requested under this section shall be conducted pursuant to the

testing procedures and requirements in KRS 189A.103.

(6) The cabinet shall make efforts as soon as practicable to determine any military

status of a parent or legal guardian of a child who is the subject of an investigation

or assessment pursuant to this section. If the cabinet determines that the parent or

legal guardian is a member of the United States Armed Forces, the cabinet shall

notify the Department of Defense family advocacy program operating within the

service member's assigned installation of the investigation or assessment and

provide case information.

(7) To the extent practicable and when in the best interest of a child alleged to have

been abused, interviews with the child shall be conducted at a children's advocacy

center.

(8) (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.

(9) Nothing in this section shall limit the cabinet's investigatory authority under KRS

620.050 or any other obligation imposed by law.