REPORTING CHILD ABUSE AND NEGLECT IN KENTUCKY
Pediatric abusive head trauma is a form of child abuse, and all fifty states, including Kentucky, have statutes that mandate reporting of suspected child abuse and neglect for certain professionals. Familiarity with Kentucky laws will ensure that providers report to the appropriate agency within the required time frame.
Definitions of Child Abuse and Neglect
(From Kentucky Rev. Stat. §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, or other person exercising custodial control or supervision:
- Inflicts or allows to be inflicted upon the child physical or emotional injury by other than accidental means
- Creates or allows to be created a risk of physical or emotional injury 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
- 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 a child
- Abandons or exploits the child
- Does not provide the child with adequate care, supervision, food, clothing, shelter, education, or medical care necessary for the child’s well-being
- 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 15 of the most recent 22 months
“Physical injury” means substantial physical pain or any impairment of physical condition.
“Serious physical injury” means physical injury that creates a substantial risk of death, or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ.
Persons responsible for the child include:
- A parent who is the biological or adoptive mother or father of a child
- A person exercising custodial control and supervision or an agency that has assumed the role and responsibility of a parent or guardian for the child but does not necessarily have legal custody of the child
Exception: A parent or other person exercising custodial control or supervision of the child who is legitimately practicing his or her religious beliefs shall not be considered a negligent parent 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.
Standards for Reporting
(From Kentucky Rev. Stat. §620.030 and §620.050)
Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately report. All persons are required to report, including, but not limited to:
- Physicians, osteopathic physicians, nurses, coroners, medical examiners, residents, interns, chiropractors, dentists, optometrists, emergency medical technicians, paramedics, or other health professionals
- Teachers, school personnel, or child-caring personnel
- Social workers or mental health professionals
- Peace officers
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.
The reporter is not specifically required by statute to provide his or her name in the report. The identity of the reporter shall not be disclosed except:
- To law enforcement officials, the agency investigating the report, or to a multidisciplinary team
- Under court order, after a court has found reason to believe the reporter knowingly made a false report
Making a Report
Reports of pediatric abusive head trauma can be made by calling toll-free:
- Kentucky Child Protection Hotline: 877-KYSAFE1 (877-597-2331)
Before reporting, explain to the child’s caregiver(s) that:
- The child sustained a serious brain injury not explained by the history
- You are a mandated reporter who is legally required to make a child abuse report
- You will contact social services and law enforcement agencies, which will investigate
As stated above, having a social worker present may be helpful.
Avoid sharing details of clinical findings or suggesting possible explanations for the injuries. Such discussions could affect later forensic interviews and child abuse investigations.
Mandated reporting to county child welfare services and law enforcement agencies is required as soon as the reporter has a reasonable suspicion that abuse has occurred. It is not necessary to wait until all assessments are complete. Although there is usually a cross-reporting mandate between child welfare and law enforcement officials, it might not happen immediately. Generally, once law enforcement officials are notified, they will launch an investigation parallel to the child welfare agency’s investigation.