00RS HB170


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HB 170 (BR 957) - T. Burch

     AN ACT relating to child protection.
     Amend KRS 600.020 to include in the definition of "child abuse and neglect" that the parent has failed to make progress and child remains in foster care for fifteen (15) of the past twenty-two (22) months; add definition of aggravated circumstances that do not require cabinet to perform reasonable effort to reunify the family; add definition of torture; amend KRS 610.010 to permit District Court jurisdiction over child custody in a case before the District Court; amend KRS 610.125 replace "dispositional review" with "permanency hearing", add that court must consider placement with permanent custodian or other planned permanent living arrangement; permit court to redocket case to review progress of permanency plan; create new section of KRS 610 to specify circumstances where cabinet is not required to perform reasonable efforts to reunify families to include aggravated circumstances, criminal convictions relating to death and assault, parental rights terminated on another child, pattern of alcohol or drug abuse, mental illness or mental retardation that places the child at risk, or other circumstances; amend KRS 620.027 to permit District Court jurisdiction over child custody in a case before the District Court; amend KRS 625.090 to allow aggravated circumstances and reasonable efforts to be considered in termination of parental rights cases.


     HFA (1, J. Hoover) - Delete reference to mental abuse and extraction of confession from definition of "confession".
     HFA (2, J. Hoover) - Delete "other means" from the situations constituting "aggravated circumstances".
     HFA (3, J. Hoover) - Clarify that a child may be "abused or neglected" if the parent or guardian fails to make progress toward identified goals under a court-approved plan
     HFA (4, J. Hoover) - Delete "other means within the past year" from the situations constituting "aggravated circumstances".
     HFA (5, T. Riner) - Amend printed copy of HB 170 to clarify that torture does not include spanking for the purpose of enforcing discipline and which does not inflict serious physical injury.
     HFA (6, T. Riner) - Amend printed copy of HB 170 to clarify that an unkempt or disorganized home does not constitute child abuse or neglect if it does not effect the child's health or safety.
     HFA (7, B. Heleringer) - Amend definition of "torture" to include membership on the House Committee on Health and Welfare.
     HFA (8, T. Kerr) - Amend KRS 620.040 to provide for right of appeal of person found by multidisciplinary team to have abused or neglected a child and for right to have name expunged from registry.
     HFA (9, J. Hoover) - Retain original provisions except delete reference to emotional injury and torture in definition of "aggravated circumstances"; delete definition of torture from the chapter.
     HFA (10, T. Riner) - Amend KRS 620.050 to provide that a family member being interrogated or investigated for abuse or neglect by the cabinet shall be advised of right to file grievance if the family member believes that his or her civil rights have been violated or that the administrative appeals process has been unsatisfactory; require grievance to state grounds of appeal with particularity, including name, address, and phone number; require copy of grievance to be made available upon request by media or member of the General Assembly.
     HFA (11, T. Riner) - Retain original provisions and add new section to amend KRS 620.040 to require cabinet to report information on substantiated child abuse or neglect reports to employers conducting background checks for child care employees and for background checks for family child care homes; include all cabinet records since 1972 or earlier; require cabinet to provide notice to subject of the substantiated report of the right to appeal the cabinet's finding.
     SFA (1, T. Buford) - Add provision not triggering the act unless parent is confined without the possibility of parole for a period of at least two years.
     SFA (2, E. Scorsone) - Retain original provisions except delete from the definition of aggravated circumstances the provision that a parent has not had nor attempted to have contact with the child for a period of 90 days.

     (Prefiled by the sponsor(s) indicated with a recommendation for passage by the Interim Joint Committee on Health and Welfare)

     Jan 4-introduced in House; to Health and Welfare (H)
     Jan 10-posting waived
     Jan 11-reported favorably, 1st reading, to Calendar
     Jan 12-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 13, 2000
     Jan 14-floor amendments (1) (2) (3) (4) (5) and (6) filed
     Jan 18-floor amendments (7) (8) (9) and (10) filed
     Jan 20-floor amendment (11) filed ; floor amendments (5) (6) (8) and (10) withdrawn
     Jan 21-3rd reading; floor amendment (11) ruled not germane ; passed 82-16 with floor amendments (3) and (9)
     Jan 24-received in Senate
     Jan 26-to Health and Welfare (S)
     Feb 17-reported favorably, 1st reading, to Calendar
     Feb 18-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, February 22, 2000
     Feb 22-3rd reading; passed over and retained in the Orders of the Day
     Feb 23-passed 32-2; floor amendments (1) and (2) filed
     Feb 24-received in House; enrolled, signed by Speaker of the House
     Feb 25-enrolled, signed by President of the Senate; delivered to Governor
     Mar 6-signed by Governor (Acts ch. 60)

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