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HB 142/FN/LM (BR 185) - T. Burch
AN ACT relating to child protection and declaring an emergency.
Amend various sections of KRS Chapter 600 to redefine the term "abused or neglected child"; amend KRS 605.090 to allow a child committed to the Juvenile Justice Department or Cabinet for Human Resources to be placed in the home of a relative; amend KRS 620.060 to add to the conditions under which a court may issue an ex parte emergency, an custody order involving a child; amend KRS 620.130 to provide that services provided to a parent and child removed from the home are designed to promote the protection of the child as well as to promote the safe return of the child to the child's home;
create a new section of KRS Chapter 620 to set forth new circumstances considered relevant factors mandated to be considered by the court in all dependency, neglect, and abuse proceedings conducted pursuant to KRS Chapter 600 in which the court is required to render decisions in the best interest, of the child; amend KRS 610.125 to require 12 months permanency hearings, instead of 18 months dispositional reviews, when a child has been removed from the home and placed in foster care;
HB 142 - AMENDMENTS
HCS (1) - Amend various sections of KRS Chapter 600 to redefine the term "Abused or neglected child"; amend KRS 605.090 to allow placement of a child committed to the Juvenile Justice Department or Cabinet for Human Resources in the home of a relative; amend KRS 620.060 to add to the conditions under which a court may issue an ex parte emergency custody order involving a child; amend KRS 620.130 to provide that services provided to a parent and child removed from the home are designed to promote the protection of the child as well as promote the safe return of the child to his or her home; create a new section of KRS Chapter 620 to set forth new circumstances considered relevant factors mandated to be considered by the court in all dependency, neglect, and abuse proceedings conducted under KRS Chapter 600 in which the court is required to render decisions in the best interest of the child; amend KRS 610.125 to require 12-month permanency hearings instead of 18-month dispositional reviews in cases in which a child has been removed from the home and placed in foster care; determinations of date a child first entered care; requirements for permanency plans filed with the court by the cabinet or department; allow foster parents, pre-adoptive parents, foster care review board member, and court appointed special advocate to present evidence to court; amend KRS 625.042 to require a hearing date on voluntary termination of parental rights within 30 days of the filing of the petition; allow court to consider child support as part of the child's best interests; amend KRS 625.040 to allow parent to sign an appearance waiver for voluntary termination of parental rights; amend KRS 625.041 to add requirements for the appearance waiver; amend KRS 625.080 to require service of petition upon the guardian ad litem instead of the cabinet; amend KRS 625.080 to specify source of payment for guardian ad litem in involuntary termination proceedings; permit visitation between parent and child pending final hearing, if in the best interests of the child; require hearings within sixty days of motion for termination hearing; amend KRS 625.090 to add conditions for grounds for involuntary termination; create a new section of KRS Chapter 625 to allow a child who is a ward of the cabinet as a result of termination of parental rights to extend wardship to age twenty-one to participate in specified programs; amend KRS 199.502 to add conditions for grounds for involuntary termination and adoption; and declare an emergency.
HCS (2) - Amend various sections of KRS Chapter 600 to redefine the term "Abused or neglected child"; amend KRS 605.090 to allow placement of a child committed to the Juvenile Justice Department or Cabinet for Human Resources in the home of a relative; amend KRS 620.060 to add the condition under which a court may issue an ex parte emergency custody order involving a child and require that removal be in the best interest of the child; amend KRS 620.130 to provide that services provided are designed to promote the protection of the child, as well as promote the safe return of the child to his or her home; create a new section of KRS Chapter 620 to set forth new relevant factors mandated to be considered by the court in all dependency, neglect, and abuse proceedings conducted under KRS Chapter 600 in which the court is required to render decisions in the best interest of the child; amend KRS 610.125 to require 12-month permanency hearings in cases in which a child has been removed from the home and placed in foster care; establish requirements for permanency plans filed with the court by the cabinet or department; allow foster parents, pre-adoptive parents, foster care review board members, and court appointed special advocates to present evidence to court; amend KRS 625.0405 to provide that the cabinet or adoptive parents may pay the attorney's fees when termination is voluntary and for the purpose of adoption; amend KRS 625.042 to require a hearing date within 30 days of the filing of the voluntary termination petition; amend KRS 625.040 and 625.041 to allow parent to sign an appearance waiver for voluntary termination of parental rights; amend KRS 625.070 to allow service of petition upon the guardian ad litem to be sufficient; amend KRS 625.080 to specify source of payment for guardian ad litem in involuntary termination proceedings and to permit visitation in the best interests of the child; require hearings within sixty (60) days of motion for termination hearing; amend KRS 625.090 to add grounds for involuntary termination; create a new section of KRS Chapter 625 to allow a child who is a ward of the cabinet to extend wardship to age twenty-one (21) in order to participate in specified programs; amend KRS 199.502 to add conditions for grounds for involuntary termination and adoption; and declare an emergency.
HCA (1/Title, P. Mason) - Make title amendment.
HFA (1, T. Burch) - Exclude reasonable and ordinary discipline from conditions under which a court may issue an emergency custody order.
HFA (2, K. Hogancamp) - Remove the term "emotional needs" from the determination of the type of care a parent is incapable of rendering for a child; deletes the phrase "including, but not limited to parental incapacity" and insert language which clarifies that the inability of the parent to provide for the physical needs of a child is as a result of the parent's involvement with alcohol and other drug abuse as defined in KRS 222.005(2).
HFA (3, K. Hogancamp) - Remove the term "or psychological" from the definition of needs for which a parent may be incapable of providing.
HFA (4, K. Hogancamp) - Delete the requirement that a request of the parent is necessary before the Circuit Court determines if a parent is indigent.
HFA (5, K. Hogancamp) - Change the term "emotional harm" to "emotional injury".
HFA (6, K. Hogancamp) - Remove the phrase "or of mental faculty" from the definition for the term "serious physical injury".
HFA (7, T. Riner) - WITHDRAWN
HFA (8, K. Hogancamp) - Clarify the definition of the term "essential parental care" by adding, "which includes necessary food, shelter, and age-appropriate education".
HFA (9, M. Bowling) - Amend title to read "An act relating to child protective services" and declare an emergency.
HFA (10, J. Vincent) - Amend KRS 620.050 to establish the criminal penalty of a Class A misdemeanor for any person who knowingly makes a false report of child abuse and does so with malice or in an attempt to gain advantage in a civil or criminal action.
HFA (11, J. Barrows) - Retain original provisions, except permit instead of require court to consider factors on ex parte custody orders.
HFA (12/LM, J. Vincent) - Retain original provisions except amend KRS 620.050 to create a Class A misdemeanor for anyone who knowingly makes a false child abuse or neglect report with malice.
HFA (13, J. Barrows) - Replace "are" with "if" in reference to relevant evidence; replace "or" with "whose presence is not required if represented by" in reference to parental presence; replace "petition" with "court" in reference to the place of filing.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House
Jan 7-to Health and Welfare (H)
Jan 12-posted in committee
Jan 20-reported favorably, 1st reading, to Calendar with committee amendment (1) ; recommitted to Health and Welfare (H); posting waived; reported favorably, to Rules with committee amendment (1)
Jan 21-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for January 22, 1998
Jan 22-floor amendments (1) (2) (3) (4) (5) (6) and (7) filed to Committee Substitute
Jan 23-floor amendment (8) filed
Jan 26-recommitted to Judiciary (H); posted in committee
Feb 9-reported favorably, to Rules with Committee Substitute (2); floor amendment (9 Title) filed
Feb 10-floor amendment (10) filed to Committee Substitute (2)
Feb 11-floor amendment (11) filed to Committee Substitute (2); posted for passage in the Regular Orders of the Day for February 12, 1998
Feb 18-floor amendments (12) and (13) filed to Committee Substitute
Feb 19-3rd reading, passed 89-2 with Committee Substitute (2) and Floor Amendments (12) (13) and (9 Title)
Feb 20-received in Senate
Feb 23-to Health and Welfare (S)
Mar 5-reported favorably, 1st reading, to Calendar
Mar 6-2nd reading, to Rules
Mar 9-posted for passage in the Regular Orders of the Day for March 10, 1998
Mar 10-3rd reading, passed 35-0; received in House; enrolled, signed by Speaker of the House
Mar 11-enrolled, signed by President of the Senate; delivered to Governor
Mar 17-signed by Governor
Apr 2-House floor amendment (7) withdrawn
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