Kentucky

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report a child who is dependent, neglected, abused or a victim of human trafficking as defined in state law. (Kentucky Statute 600.020).
  • "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when:
    • His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or supervision of the child:
      • Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in this section by other than accidental means;
      • Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means;
      • Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005;
      • Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child;
      • Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
      • Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
      • Abandons or exploits the child;
      • Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child's well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
      • Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for fifteen (15) cumulative months out of forty-eight (48) months; or
    • A person twenty-one (21) years of age or older commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon a child less than sixteen (16) years of age;
    • 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
  • "Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child;

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to the Kentucky Revised Statutes at the Kentucky General Assembly website.