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United States

(1) 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 to the Department of
Kentucky State Police, the cabinet or its designated representative, the
Commonwealth’s attorney, or the county attorney by telephone or otherwise.
Any supervisor who receives from an employee a report of suspected
dependency, neglect, or abuse shall promptly make a report to the proper
authorities for investigation. If the cabinet receives a report of abuse or neglect
allegedly committed by a person 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, the cabinet shall refer the matter to
the Commonwealth’s attorney or the county attorney and the local law
enforcement agency or the Department of Kentucky State Police. Nothing in
this section shall relieve individuals of their obligations to report.

(2) Any person, including but not limited to a physician, osteopathic physician,
nurse, teacher, school personnel, social worker, coroner, medical examiner,
child-caring personnel, resident, intern, chiropractor, dentist, optometrist,
emergency medical technician, paramedic, health professional, mental health
professional, peace officer, or any organization or agency for any of the above,
who knows or has reasonable cause to believe that a child is dependent,
neglected, or abused, regardless of whether the person believed to have
caused the dependency, neglect, or abuse is a parent, guardian, fictive kin,
person in a position of authority, person in a position of special trust, person
exercising custodial control or supervision, or another person, or who has
attended such child as a part of his or her professional duties shall, if
requested, in addition to the report required in subsection (1) or (3) of this
section, file with the local law enforcement agency or the Department of
Kentucky State Police, the cabinet or its designated representative, the
Commonwealth’s attorney, or county attorney within forty-eight (48) hours of
the original report a written report containing:

(a) The names and addresses of the child and his or her parents or other
persons exercising custodial control or supervision;

(b) The child’s age;

(c) The nature and extent of the child’s alleged dependency, neglect, or
abuse, including any previous charges of dependency, neglect, or abuse,
to this child or his or her siblings;

(d) The name and address of the person allegedly responsible for the abuse
or neglect; and

(e) Any other information that the person making the report believes may be
helpful in the furtherance of the purpose of this section.

(3) Any person who knows or has reasonable cause to believe that a child is a
victim of human trafficking as defined in KRS 529.010 shall immediately cause
an oral or written report to be made to a local law enforcement agency or the
Department of Kentucky State Police; or the cabinet or its designated
representative; or the Commonwealth’s attorney or the county attorney; by
telephone or otherwise. This subsection shall apply regardless of whether the
person believed to have caused the human trafficking of the child is 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.

(4) Neither the husband-wife nor any professional-client/patient privilege, except
the attorney-client and clergy-penitent privilege, shall be a ground for refusing
to report under this section or for excluding evidence regarding a dependent,
neglected, or abused child or the cause thereof, in any judicial proceedings
resulting from a report pursuant to this section. This subsection shall also apply
in any criminal proceeding in District or Circuit Court regarding a dependent,
neglected, or abused child.

(5) The cabinet upon request shall receive from any agency of the state or any
other agency, institution, or facility providing services to the child or his or her
family, such cooperation, assistance, and information as will enable the cabinet
to fulfill its responsibilities under KRS 620.030, 620.040, and 620.050.

(6) Nothing in this section shall limit the cabinet’s investigatory authority under
KRS 620.050 or any other obligation imposed by law.

(7) Any person who intentionally violates the provisions of this section shall be
guilty of a:

(a) Class B misdemeanor for the first offense;
(b) Class A misdemeanor for the second offense; and
(c) Class D felony for each subsequent offense

Year of enactment

2007

Last Amended

1988