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HB 35/FN/LM (BR 163) - L. Clark, T. Burch, C. Hoffman, J. Jenkins, Ji. Lee
AN ACT relating to relative caregivers.
Create new sections of KRS Chapter 405 to require the Cabinet for Families and Children to create the KinCare Support Program; establish services provided by the program; require the cabinet to create an affidavit establishing a relative caregiver's authority to provide consent for medical treatment of a minor; establish information contained in the medical consent affidavit; allow a parent or legal guardian to supersede a decision of a relative caregiver for medical treatment of a minor; exempt persons who rely in good faith on the medical consent affidavit from civil or criminal liability, except for negligence; establish a penalty of a Class A misdemeanor for persons who make false statements on a medical consent affidavit; create a new section of KRS Chapter 158 to require the Department of Education to create an affidavit establishing a caregiver's authority to make school-based decisions; establish information contained in the education affidavit; allow a parent or legal guardian to supersede a school-based decision of a relative caregiver; exempt persons who rely in good faith on the school-based decision affidavit from civil or criminal liability; establish a penalty of a Class A misdemeanor for persons who make false statements on a education consent affidavit.
HB 35 - AMENDMENTS
HCS/FN/LM - Retain original provisions except combine the medical and consent affidavits into one affidavit; delete references to "relative caregiver" throughout bill and use the term "caregiver" in lieu thereof; define "de facto custodian"; clarify the definition of "medical treatment" to include immunizations recommended by the federal Center for Disease Control's Advisory Committee on Immunization Practices; require the affidavit to include a notice that does not confer guardian or legal custodian status to the caregiver; require the affidavit to include a statement that identifies any party who has legal standing relating to the child's custody; and clarify that the education consent affidavit shall not supersede appropriate federal law and regulations.
HCA (1/Title, L. Clark) - Make title amendment.
(Prefiled by the sponsor(s).)
Jan 4-introduced in House
Jan 6-to Health and Welfare (H)
Feb 1-posted in committee
Feb 3-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Feb 4-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 7, 2005
Feb 8-3rd reading, passed 96-2 with Committee Substitute, committee amendment (1-title)
Feb 9-received in Senate
Feb 14-to Judiciary (S)
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