SB 138

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1AN ACT relating to the protection of children.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)    As used in this section, "abuse or neglect" means the infliction of physical pain,
6physical or mental injury, or the deprivation of services by a person that are
7necessary to maintain the health and welfare of a child.
8 (2)    A person is guilty of child abuse homicide when:
9(a)     He or she intentionally abuses or neglects another person who is under
10eighteen (18) years old; and
11(b)     The death is a result of the abuse or neglect.
12 (3)    Child abuse homicide is a capital offense.
13Section 2. KRS 199.896 is amended to read as follows:
14 (1)    A[No] person, association, or organization shall not conduct, operate, maintain, or
15advertise any child-care center without obtaining a license as provided in KRS
16199.892 to 199.896.
17 (2)    The cabinet may promulgate administrative regulations pursuant to KRS Chapter
1813A relating to license fees and may, in the administrative regulations, establish
19standards of care and service for a child-care center, criteria for the denial of a
20license if criminal records indicate convictions that may impact the safety and
21security of children in care, and procedures for enforcement of penalties which are
22not in contravention of this section.
23 (3)    Each initial application for a license shall be made to the cabinet and shall be
24accompanied by a fee that shall not exceed administrative costs of the program to
25the cabinet and shall be renewable annually upon expiration and reapplication when
26accompanied by a renewal fee that shall not exceed administrative costs of the
27program to the cabinet. Regular licenses and renewals thereof shall expire one (1)
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1year from their effective date.
2 (4)    A[No] child-care center shall not be refused a license or have its license revoked for
3failure to meet standards set by the secretary until after the expiration of a period
4not to exceed six (6) months from the date of the first official notice that the
5standards have not been met. If[, however,] the cabinet has probable cause to
6believe that an immediate threat to the public health, safety, or welfare exists, the
7cabinet may take emergency action pursuant to KRS 13B.125. All administrative
8hearings conducted under authority of KRS 199.892 to 199.896 shall be conducted
9in accordance with KRS Chapter 13B.
10 (5)    If, upon inspection or investigation, the inspector general finds that a child-care
11center licensed under this section has violated the administrative regulations,
12standards, or requirements of the cabinet, the inspector general shall issue a
13statement of deficiency to the center containing:
14(a)     A statement of fact;
15(b)     A statement of how an administrative regulation, standard, or requirement of
16the cabinet was violated; and
17(c)     The timeframe, negotiated with the child-care center, within which a violation
18is to be corrected, except that a violation that poses an immediate threat to the
19health, safety, or welfare of children in the center shall be corrected in no
20event later than five (5) working days from the date of the statement of
21deficiency.
22 (6)    The Cabinet for Health and Family Services, in consultation with the Office of the
23Inspector General, shall establish by administrative regulations promulgated in
24accordance with KRS Chapter 13A an informal dispute resolution process through
25which a child-care provider may dispute licensure deficiencies that have an adverse
26effect on the child-care provider's license.
27 (7)    A child-care center shall have the right to appeal to the Cabinet for Health and
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1Family Services under KRS Chapter 13B any action adverse to its license or the
2assessment of a civil penalty issued by the inspector general as the result of a
3violation contained in a statement of deficiency within twenty (20) days of the
4issuance of the action or assessment of the civil penalty. An appeal shall not act to
5stay the correction of a violation.
6 (8)    In assessing the civil penalty to be levied against a child-care center for a violation
7contained in a statement of deficiency issued under this section, the inspector
8general or the inspector general's designee shall take into consideration the
9following factors:
10(a)     The gravity of the threat to the health, safety, or welfare of children posed by
11the violation;
12(b)     The number and type of previous violations of the child-care center;
13(c)     The reasonable diligence exercised by the child-care center and efforts to
14correct the violation; and
15(d)     The amount of assessment necessary to assure immediate and continued
16compliance.
17 (9)    Upon a child-care center's failure to take action to correct a violation of the
18administrative regulations, standards, or requirements of the cabinet contained in a
19statement of deficiency, or at any time when the operation of a child-care center
20poses an immediate threat to the health, safety, or welfare of children in the center,
21and the child-care center continues to operate after the cabinet has taken emergency
22action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee
23shall take at least one (1) of the following actions against the center:
24(a)     Institute proceedings to obtain an order compelling compliance with the
25administrative regulations, standards, and requirements of the cabinet;
26(b)     Institute injunctive proceedings in Circuit Court to terminate the operation of
27the center;
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1(c)     Institute action to discontinue payment of child-care subsidies; or
2(d)     Suspend or revoke the license or impose other penalties provided by law.
3 (10) Upon request of any person, the cabinet shall provide information regarding the
4denial, revocation, suspension, or violation of any type of child-care center license
5of the operator. Identifying information regarding children and their families shall
6remain confidential.
7 (11) The cabinet shall provide, upon request, public information regarding the
8inspections of and the plans of correction for the child-care center within the past
9year. All information distributed by the cabinet under this subsection shall include a
10statement indicating that the reports as provided under this subsection from the past
11five (5) years are available from the child-care center upon the parent's, custodian's,
12guardian's, or other interested person's request.
13 (12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and
14certification applications shall be paid into the State Treasury and credited to a
15special fund for the purpose of administering KRS 199.892 to 199.896 including the
16payment of expenses of and to the participants in child-care workshops. The funds
17collected are hereby appropriated for the use of the cabinet. The balance of the
18special fund shall lapse to the general fund at the end of each biennium.
19 (13) Any advertisement for child-care services shall include the address of where the
20service is being provided.
21 (14) All inspections of licensed and unlicensed child-care centers by the Cabinet for
22Health and Family Services shall be unannounced.
23 (15) All employees and owners of a child-care center who provide care to children shall
24demonstrate within the first three (3) months of employment completion of at least
25a total of six (6) hours of orientation in the following areas:
26(a)     Basic health, safety, and sanitation;
27(b)     Recognizing and reporting child abuse; and
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1(c)     Developmentally appropriate child-care practice.
2 (16) All employees and owners of a child-care center who provide care to children shall
3annually demonstrate to the department completion of at least six (6) hours of
4training in child development. These hours shall include but are not limited to one
5and one-half (1.5) hours one (1) time every five (5) years of continuing education in
6the recognition and prevention of pediatric abusive head trauma, as defined in KRS
7620.020. Training in recognizing pediatric abusive head trauma may be designed in
8collaboration with organizations and agencies that specialize in the prevention and
9recognition of pediatric head trauma approved by the secretary of the Cabinet for
10Health and Family Services. The one and one-half (1.5) hours required under this
11section shall be included in the current number of required continuing education
12hours.
13 (17) The Cabinet for Health and Family Services shall make available either through the
14development or approval of a model training curriculum and training materials,
15including video instructional materials, to cover the areas specified in subsection
16(15) of this section. The cabinet shall develop or approve the model training
17curriculum and training materials to cover the areas specified in subsection (15) of
18this section.
19 (18) Child-care centers licensed pursuant to this section and family child-care homes
20certified pursuant to KRS 199.8982 shall not use corporal physical discipline,
21including the use of spanking, shaking, or paddling, as a means of punishment,
22discipline, behavior modification, or for any other reason. For the purposes of this
23section, "corporal physical discipline" means the deliberate infliction of physical
24pain and does not include spontaneous physical contact that is intended to protect a
25child from immediate danger.
26 (19) (a)       Child-care centers licensed pursuant to this section shall:
271.        Maintain video surveillance of all public areas within the child-care
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1center, including but not limited to hallways, entrances, play areas,
2common areas, and eating areas;
32.        Provide notice to parents and guardians of children who attend the
4child-care center that children are subject to video surveillance; and
53.        Retain footage of video surveillance for ninety (90) days after the date
6the footage is recorded.
7(b)     Video surveillance shall not take place in private areas within the child-care
8center, including but not limited to bathrooms and changing areas.
9 (20)[(19)] Child-care centers that provide instructional and educational programs for
10preschool-aged children that operate for a maximum of twenty (20) hours per week
11and that a child attends for no more than fifteen (15) hours per week shall:
12(a)     Notify the cabinet in writing that the center is operating;
13(b)     Meet all child-care center licensure requirements and administrative
14regulations related to employee background checks;
15(c)     Meet all child-care center licensure requirements and administrative
16regulations related to tuberculosis screenings; and
17(d)     Be exempt from all other child-care center licensure requirements and
18administrative regulations.
19 (21)[(20)] Child-care centers that provide instructional and educational programs for
20preschool-aged children that operate for a maximum of twenty (20) hours per week
21and that a child attends for no more than ten (10) hours per week shall be exempt
22from all child-care licensure requirements and administrative regulations.
23 (22)[(21)] Instructional programs for school-age children that offer, whether free or for a
24fee, recreational, educational, sports training, or vacation programs that include but
25are not limited to martial arts and dance programs to children under eighteen (18)
26years of age, that a child attends outside the presence of his or her parent or legal
27guardian, shall be exempt from all child-care licensure administrative regulations if
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1the following criteria are met:
2(a)     The program provides primary instruction in a skill, talent, ability, expertise,
3or proficiency;
4(b)     The program operates outside the time period when school is in session,
5including before or after school hours, holidays, school breaks, teaching
6planning days, or summer vacation;
7(c)     The program does not advertise or otherwise represent that the program is a
8licensed child-care center or that the program offers child-care services;
9(d)     The program informs the parent or guardian:
101.        That the program is not licensed by the cabinet; and
112.        About the physical risks a child may face while participating in the
12program; and
13(e)     The program conducts the following background checks for all program
14employees and volunteers who work with children:
151.        Check of the child abuse and neglect records maintained by the cabinet;
16and
172.        In-state criminal background information check from the Justice and
18Public Safety Cabinet or Administrative Office of the Courts.
19 (23)[(22)] Directors and employees of child-care centers in a position that involves
20supervisory or disciplinary power over a minor, or direct contact with a minor, shall
21submit to a criminal record check in accordance with KRS 199.8965.
22 (24)[(23)] A director or employee of a child-care center may be employed on a
23probationary status pending receipt of the criminal background check. Application
24for the criminal record of a probationary employee shall be made no later than the
25date probationary employment begins.
26 (25)[(24)] The cabinet shall promulgate administrative regulations to identify emergency
27care providers who provide essential child-care services during an identified state of
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1emergency.
2 (26)[(25)] Notwithstanding any state law, administrative regulation, executive order, or
3executive directive to the contrary, during the 2020 or 2021 state of emergency
4declared by the Governor in response to COVID-19, including but not limited to
5any mutated strain of the COVID-19 virus, the cabinet shall not establish any
6restrictions on capacity for class or group size or the ability to combine classes and
7groups for capacity limits in the morning or afternoon that is below the number that
8was in effect on February 1, 2020.
9Section 3. KRS 507.030 is amended to read as follows:
10 (1)    A person is guilty of manslaughter in the first degree when:
11(a)     With intent to cause serious physical injury to another person, he or she
12causes the death of such person or of a third person;
13(b)     With intent to cause the death of another person, he or she causes the death of
14such person or of a third person under circumstances which do not constitute
15murder because he or she acts under the influence of extreme emotional
16disturbance, as defined in subsection (1)(a) of KRS 507.020;
17(c)     Through circumstances not otherwise constituting the offense of murder, he or
18she intentionally abuses another person or knowingly permits another person
19of whom he or she has actual custody to be abused and thereby causes death
20to a person under eighteen (18)[twelve (12)] years of age[ or less], or who is
21physically helpless or mentally helpless; or
22(d)     He or she knowingly sells fentanyl or a fentanyl derivative to another person,
23and the injection, ingestion, inhalation, or other introduction of the fentanyl or
24fentanyl derivative causes the death of the person.
25 (2)    Manslaughter in the first degree is a Class B felony.
26Section 4. KRS 507.040 is amended to read as follows:
27 (1)    A person is guilty of manslaughter in the second degree when he or she wantonly
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1causes the death of another person, including but not limited to situations where the
2death results from the person's:
3(a)     Operation of a motor vehicle;
4(b)     Leaving a child under the age of eight (8) years in a motor vehicle under
5circumstances which manifest an extreme indifference to human life and
6which create a grave risk of death to the child, thereby causing the death of
7the child;
8(c)     Unlawful distribution for remuneration of a Schedule I or II controlled
9substance when the controlled substance is the proximate cause of death; or
10(d)     Knowing distribution of fentanyl or a fentanyl derivative to another person
11without remuneration, and the injection, ingestion, inhalation, or other
12introduction of the fentanyl or fentanyl derivative causes the death of the
13person.
14 (2)    Manslaughter in the second degree is a Class C felony, unless the victim is a
15person under eighteen (18) years of age, in which case is a Class B felony.
16Section 5. KRS 508.100 is amended to read as follows:
17 (1)    A person is guilty of criminal abuse in the first degree when he or she knowingly or
18intentionally abuses another person or permits another person of whom he or she
19has actual custody to be abused and thereby:
20(a)     Causes serious physical injury;
21(b)     Places him or her in a situation that may cause him or her serious physical
22injury; or
23(c)     Causes torture, cruel confinement, or cruel punishment;
24to a person under eighteen (18)[twelve (12)] years of age[ or less], or who is
25physically helpless or mentally helpless.
26 (2)    Criminal abuse in the first degree is a Class B[Class C] felony unless the victim is
27under eighteen (18)[twelve (12)] years old, in which case it is a Class A[Class B]
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1felony.
2Section 6. KRS 508.110 is amended to read as follows:
3 (1)    A person is guilty of criminal abuse in the second degree when he or she wantonly
4abuses another person or permits another person of whom he or she has actual
5custody to be abused and thereby:
6(a)     Causes serious physical injury; or
7(b)     Places him or her in a situation that may cause him or her serious physical
8injury; or
9(c)     Causes torture, cruel confinement, or cruel punishment;
10to a person under eighteen (18)[twelve (12)] years of age[ or less], or who is
11physically helpless or mentally helpless.
12 (2)    Criminal abuse in the second degree is a Class C[Class D] felony.
13Section 7. KRS 508.120 is amended to read as follows:
14 (1)    A person is guilty of criminal abuse in the third degree when he or she recklessly
15abuses another person or permits another person of whom he or she has actual
16custody to be abused and thereby:
17(a)     Causes serious physical injury; or
18(b)     Places him or her in a situation that may cause him or her serious physical
19injury; or
20(c)     Causes torture, cruel confinement, or cruel punishment;
21to a person under eighteen (18)[twelve (12)] years of age[ or less], or who is
22physically helpless or mentally helpless.
23 (2)    Criminal abuse in the third degree is a Class D felony[Class A misdemeanor].
24Section 8. KRS 532.025 is amended to read as follows:
25 (1)    (a)     Upon conviction of a defendant in cases where the death penalty may be
26imposed, a hearing shall be conducted. In the[such] hearing, the judge shall
27hear additional evidence in extenuation, mitigation, and aggravation of
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1punishment, including the record of any prior criminal convictions and pleas
2of guilty or pleas of nolo contendere of the defendant, or the absence of any
3prior conviction and pleas. However, only[; provided, however, that only
4such] evidence in aggravation as the state has made known to the defendant
5prior to his or her trial shall be admissible. Subject to the Kentucky Rules of
6Evidence, juvenile court records of adjudications of guilt of a child for an
7offense that would be a felony if committed by an adult shall be admissible in
8court at any time the child is tried as an adult, or after the child becomes an
9adult, at any subsequent criminal trial relating to that same person. Juvenile
10court records made available pursuant to this section may be used for
11impeachment purposes during a criminal trial and may be used during the
12sentencing phase of a criminal trial.[;] However, the fact that a juvenile has
13been adjudicated delinquent of an offense that would be a felony if the child
14had been an adult shall not be used in finding the child to be a persistent
15felony offender based upon that adjudication. Release of the child's treatment,
16medical, mental, or psychological records is prohibited unless presented as
17evidence in Circuit Court. Release of any records resulting from the child's
18prior abuse and neglect under Title IV-E or IV-B of the Federal Social
19Security Act is also prohibited. The judge shall also hear argument by the
20defendant or his or her counsel and the prosecuting attorney, as provided by
21law, regarding the punishment to be imposed. The prosecuting attorney shall
22open and the defendant shall conclude the argument. In cases in which the
23death penalty may be imposed, the judge when sitting without a jury shall
24follow the additional procedure provided in subsection (2) of this section.
25Upon the conclusion of the evidence and arguments, the judge shall impose
26the sentence or shall recess the trial for the purpose of taking the sentence
27within the limits prescribed by law. If the trial court is reversed on appeal
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1because of error only in the presentence hearing, the new trial which may be
2ordered shall apply only to the issue of punishment.
3(b)     In all cases in which the death penalty may be imposed and which are tried by
4a jury, upon a return of a verdict of guilty by the jury, the court shall resume
5the trial and conduct a presentence hearing before the jury. The[Such] hearing
6shall be conducted in the same manner as presentence hearings conducted
7before the judge as provided in paragraph (a) of this subsection, including the
8record of any prior criminal convictions and pleas of guilty or pleas of nolo
9contendere of the defendant. Upon the conclusion of the evidence and
10arguments, the judge shall give the jury appropriate instructions, and the jury
11shall retire to determine whether any mitigating or aggravating circumstances,
12as defined in subsection (2) of this section, exist and to recommend a sentence
13for the defendant. Upon the findings of the jury, the judge shall fix a sentence
14within the limits prescribed by law.
15 (2)    In all cases of offenses for which the death penalty may be authorized, the judge
16shall consider, or include in his or her instructions to the jury for it to consider, any
17mitigating circumstances or aggravating circumstances otherwise authorized by law
18and any of the following statutory aggravating or mitigating circumstances which
19may be supported by the evidence:
20(a)     Aggravating circumstances:
211.        The offense of murder or kidnapping was committed by a person with a
22prior record of conviction for a capital offense, or the offense of murder
23was committed by a person who has a substantial history of serious
24assaultive criminal convictions;
252.        The offense of murder or kidnapping was committed while the offender
26was engaged in the commission of arson in the first degree, robbery in
27the first degree, burglary in the first degree, rape in the first degree, or
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1sodomy in the first degree;
23.        The offender by his or her act of murder, armed robbery, or kidnapping
3knowingly created a great risk of death to more than one (1) person in a
4public place by means of a weapon of mass destruction, weapon, or
5other device which would normally be hazardous to the lives of more
6than one (1) person;
74.        The offender committed the offense of murder for himself, herself, or
8another, for the purpose of receiving money or any other thing of
9monetary value, or for other profit;
105.        The offense of murder was committed by a person who was a prisoner
11and the victim was a prison employee engaged at the time of the act in
12the performance of his or her duties;
136.        The offender's act or acts of killing were intentional and resulted in
14multiple deaths;
157.        The offender's act of killing was intentional and the victim was:
16a.    A state or local public official; or
17b.    A first responder, as defined in KRS 507.070;
188.        The offender murdered the victim when an emergency protective order
19or a domestic violence order was in effect, or when any other order
20designed to protect the victim from the offender, such as an order issued
21as a condition of a bond, conditional release, probation, parole, or
22pretrial diversion, was in effect; and
239.        The offender's act of killing was intentional and resulted in the death of
24a child under eighteen (18)[twelve (12)] years old.
25(b)     Mitigating circumstances:
261.        The defendant has no significant history of prior criminal activity;
272.        The capital offense was committed while the defendant was under the
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1influence of extreme mental or emotional disturbance even though the
2influence of extreme mental or emotional disturbance is not sufficient to
3constitute a defense to the crime;
43.        The victim was a participant in the defendant's criminal conduct or
5consented to the criminal act;
64.        The capital offense was committed under circumstances which the
7defendant believed to provide a moral justification or extenuation for his
8or her conduct even though the circumstances which the defendant
9believed to provide a moral justification or extenuation for his or her
10conduct are not sufficient to constitute a defense to the crime;
115.        The defendant was an accomplice in a capital offense committed by
12another person and his or her participation in the capital offense was
13relatively minor;
146.        The defendant acted under duress or under the domination of another
15person even though the duress or the domination of another person is not
16sufficient to constitute a defense to the crime;
177.        At the time of the capital offense, the capacity of the defendant to
18appreciate the criminality of his or her conduct to the requirements of
19law was impaired as a result of mental illness or an intellectual disability
20or intoxication even though the impairment of the capacity of the
21defendant to appreciate the criminality of his or her conduct or to
22conform the conduct to the requirements of law is insufficient to
23constitute a defense to the crime; and
248.        The youth of the defendant at the time of the crime.
25 (3)    The instructions as determined by the trial judge to be warranted by the evidence or
26as required by KRS 532.030(4) shall be given in charge and in writing to the jury
27for its deliberation. The jury, if its verdict be a recommendation of death, or
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1imprisonment for life without benefit of probation or parole, or imprisonment for
2life without benefit of probation or parole until the defendant has served a minimum
3of twenty-five (25) years of his or her sentence, shall designate in writing, signed by
4the foreman of the jury, the aggravating circumstance or circumstances which it
5found beyond a reasonable doubt. In nonjury cases, the judge shall make the[such]
6designation. In all cases unless at least one (1) of the statutory aggravating
7circumstances enumerated in subsection (2) of this section is so found, the death
8penalty, or imprisonment for life without benefit of probation or parole, or the
9sentence to imprisonment for life without benefit of probation or parole until the
10defendant has served a minimum of twenty-five (25) years of his or her sentence,
11shall not be imposed.
12Section 9. KRS 625.090 is amended to read as follows:
13 (1)    The Circuit Court may involuntarily terminate all parental rights of a parent of a
14named child, if the Circuit Court finds from the record by clear and convincing
15evidence that:
16(a)     1.        The child has been adjudged to be an abused or neglected child, as
17defined in KRS 600.020(1), by a court of competent jurisdiction;
182.        The child is found to be an abused or neglected child, as defined in KRS
19600.020(1), by the Circuit Court in this proceeding;
203.        The child is found to have been diagnosed with neonatal abstinence
21syndrome at the time of birth, unless his or her birth mother:
22a.   Was prescribed and properly using medication for a legitimate
23medical condition as directed by a health care practitioner that may
24have led to the neonatal abstinence syndrome;
25b.   Is currently, or within ninety (90) days after the birth, enrolled in
26and maintaining substantial compliance with both a substance
27abuse treatment or recovery program and a regimen of prenatal
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1care or postnatal care as recommended by her health care
2practitioner throughout the remaining term of her pregnancy or the
3appropriate time after her pregnancy; or
4c.   In the absence of a prescription for the treatment of a legitimate
5medical condition, agrees, prior to discharge from the hospital, to
6participate in a court-ordered assessment by a drug treatment
7provider and the assigning of a certified peer support specialist for
8referral to appropriate treatment, and agrees to participate in
9treatment which shall commence within ninety (90) days after the
10birth; or
114.        The parent has been convicted of a criminal charge relating to the
12physical or sexual abuse or neglect of any child and that physical or
13sexual abuse, neglect, or emotional injury to the child named in the
14present termination action is likely to occur if the parental rights are not
15terminated;
16(b)     1.        The Cabinet for Health and Family Services has filed a petition with the
17court pursuant to KRS 620.180 or 625.050; or
182.        A child-placing agency licensed by the cabinet, any county or
19Commonwealth's attorney, or a parent has filed a petition with the court
20under KRS 625.050; and
21(c)     Termination would be in the best interest of the child.
22 (2)    [No ]Termination of parental rights shall not be ordered unless the Circuit Court
23also finds by clear and convincing evidence the existence of one (1) or more of the
24following grounds:
25(a)     That the parent has abandoned the child for a period of not less than ninety
26(90) days;
27(b)     That the parent has inflicted or allowed to be inflicted upon the child, by other
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1than accidental means, serious physical injury;
2(c)     That the parent has continuously or repeatedly inflicted or allowed to be
3inflicted upon the child, by other than accidental means, physical injury or
4emotional harm;
5(d)     That the parent has been convicted of a felony that involved the infliction of
6serious physical injury to any child;
7(e)     That the parent, for a period of not less than six (6) months, has continuously
8or repeatedly failed or refused to provide or has been substantially incapable
9of providing essential parental care and protection for the child and that there
10is no reasonable expectation of improvement in parental care and protection,
11considering the age of the child;
12(f)     That the parent has caused or allowed the child to be sexually abused or
13exploited;
14(g)     That the parent, for reasons other than poverty alone, has continuously or
15repeatedly failed to provide or is incapable of providing essential food,
16clothing, shelter, medical care, or education reasonably necessary and
17available for the child's well-being and that there is no reasonable expectation
18of significant improvement in the parent's conduct in the immediately
19foreseeable future, considering the age of the child;
20(h)     That:
211.        The parent's parental rights to another child have been involuntarily
22terminated;
232.        The child named in the present termination action was born subsequent
24to or during the pendency of the previous termination; and
253.        The conditions or factors which were the basis for the previous
26termination finding have not been corrected;
27(i)     That the parent has been convicted in a criminal proceeding of having caused
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1or contributed to the death of another child as a result of physical or sexual
2abuse or neglect;
3(j)     That the child has been in foster care under the responsibility of the cabinet
4for fifteen (15) cumulative months out of forty-eight (48) months preceding
5the filing of the petition to terminate parental rights; or
6(k)     That the child has been removed from the biological or legal parents more
7than two (2) times in a twenty-four (24) month period by the cabinet or a
8court.
9 (3)    If the parent has been convicted:
10(a)     Of a felony that involved the infliction of serious physical injury to any
11child; or
12(b)     In a criminal proceeding of having caused or contributed to the death of
13another child as a result of physical or sexual abuse or neglect;
14There shall be a rebuttable presumption that parental rights shall be terminated.
15 (4)[(3)]       In determining the best interest of the child and the existence of a ground for
16termination, the Circuit Court shall consider the following factors:
17(a)     Mental illness as defined by KRS 202A.011(9), or an intellectual disability as
18defined by KRS 202B.010(9) of the parent as certified by a qualified mental
19health professional, or a disability as defined in KRS 199.011, if the mental
20illness, intellectual disability, or disability renders the parent consistently
21unable to care for the immediate and ongoing physical or psychological needs
22of the child for extended periods of time;
23(b)     Acts of abuse or neglect as defined in KRS 600.020(1) toward any child in the
24family;
25(c)     If the child has been placed with the cabinet, whether the cabinet has, prior to
26the filing of the petition:
271.        Made reasonable efforts as defined in KRS 620.020 to reunite the child
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1with the parents unless one or more of the circumstances enumerated in
2KRS 610.127 for not requiring reasonable efforts have been
3substantiated in a written finding by the District Court; or
42.        Provided a parent with a disability as defined in KRS 199.011 with
5targeted adaptive and supportive services based on an individual
6assessment of the parent, or has received a written acknowledgement
7from the parent knowingly and affirmatively rejecting the offered
8services;
9(d)     The efforts and adjustments the parent has made in his or her circumstances,
10conduct, or conditions to make it in the child's best interest to return the child
11to his or her home within a reasonable period of time, considering the age of
12the child;
13(e)     The physical, emotional, and mental health of the child and the prospects for
14the improvement of the child's welfare if termination is ordered; and
15(f)     The payment or the failure to pay a reasonable portion of substitute physical
16care and maintenance if financially able to do so.
17 (5)[(4)]       If the child has been placed with the cabinet, the parent may present testimony
18concerning the reunification, adaptive or supportive services offered by the cabinet,
19and whether additional services would be likely to bring about lasting parental
20adjustment enabling a return of the child to the parent.
21 (6)[(5)]       If the parent proves by a preponderance of the evidence that the child will not
22continue to be an abused or neglected child as defined in KRS 600.020(1) if
23returned to the parent, or if the parent proves by a preponderance of the evidence
24that appropriate and specifically targeted adaptive or supportive services based
25upon an individual assessment of the parent have not been offered or provided to
26the parent, the court in its discretion may determine not to terminate parental rights.
27 (7)[(6)]       Upon the conclusion of proof and argument of counsel, the Circuit Court shall
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1enter findings of fact, conclusions of law, and a decision as to each parent-
2respondent within thirty (30) days either:
3(a)     Terminating the right of the parent; or
4(b)     Dismissing the petition and stating whether the child shall be returned to the
5parent or shall remain in the custody of the state.
6Section 10. This Act may be cited as Jayden's Law.
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