MANDATORY REPORTING/REFERRAL IN KENTUCKY

The purpose of the Kentucky mandatory reporting law KRS Chapter 209A, revised in 2017, is to identify victims of domestic and dating violence and to connect them to services. This law:

  • Does not require that a clinician report all suspected domestic violence or abuse to authorities
  • Includes a mandatory information and referral provision for victims with whom certain professionals have had a professional interaction
  • Requires that the professional make a report to the police if they are requested to do so by the survivor

The aim is that by replacing the previous mandatory reporting requirement with a mandatory information and referral provision, victims will maintain the ability to control their own lives and be more likely to ask for help and receive the information they need to stay safe (Currens, 2017).

DUTY TO REPORT TO AUTHORITIES FOR MINORS, ADULTS WITH DISABILITIES, AND ON SCHOOL GROUNDS

Mandatory reporting to the Cabinet for Health and Family Services for suspected domestic violence and abuse is required in instances involving children under 18 years of age (KRS 260) or adults 18 years of age or older who are unable to protect themselves due to a disability, which may include the elderly (KRS 209).

Other laws, such as KRS 158.154/156, mandate that school personnel report felony assaults, sexual offenses, domestic/dating violence, kidnapping, crimes involving weapons, and drug offenses to law enforcement when these acts occur on school property even without the expressed wish or permission of the victim (RAINN, 2020b).

Who Must Report/Refer

Under Kentucky law, the duty to identify victims and provide them with resources or report to authorities pertains to the following professionals:

  • Physician
  • Osteopathic physician
  • Coroner
  • Medical examiner
  • Medical resident
  • Medical intern
  • Chiropractor
  • Nurse
  • Dentist
  • Optometrist
  • Emergency medical technician or paramedic
  • Licensed mental health professional or therapist
  • Cabinet employee
  • Childcare personnel
  • Teacher, school personnel
  • Ordained minister or the denominational equivalent
  • Victim advocate
  • Any organization or agency that employs any of these professionals
  • Law enforcement officers

Duties of the Professional

The duties of the professional are to:

  • Provide the victim with whom they have had a professional interaction with educational materials relating to domestic or dating violence. They must provide referrals and contact information so that the patient may access domestic violence programs, rape crisis centers, and protective orders.
  • Make a report to law enforcement when the victim requests that they do so and gives permission for this to occur.
  • Report to law enforcement if they believe that the death of a victim with whom they had professional interaction is related to domestic or dating violence.
  • Report abuse of children and vulnerable adults to the Cabinet for Health and Family Services.

Making a Report

Any life-threatening situation should be reported to the police immediately by calling 911.

There are four ways to report domestic violence to the Cabinet for Health and Family Services:

  1. By phone to the Child/Adult Abuse Hotline at 877-597-2331 or 800-752-6200
  2. By fax to 502-595-0895
  3. By email to intake.jsr@ky.gov
  4. Online at https://prdweb.chfs.ky.gov/ReportAbuse, Monday–Friday from 8:00 a.m. to 4:30 p.m. Eastern Time

The state of Kentucky does not require that the report be made on a specific form, but a domestic violence/sexual assault documentation form is available online (see “Resources” at the end of this course).

Reporting Child Abuse

Any person who knows or has reasonable cause to believe that a child (minor under the age of 18) is neglected or abused, or that a child is a victim of human trafficking, is required to make an immediate oral or written report to the Cabinet for Health and Family Services, the Kentucky State Police, the child abuse hotline, or the Commonwealth or county attorney. If requested, a written report must be made in 48 hours. (See above for details on how to make a report.)

Professionals who have been designated as mandated reporters are required to make a written report in addition to an oral report.

Nonemergency reports may be made online at https://prdweb.chfs.ky.gov/ReportAbuse.

The mandate to report suspected domestic abuse for a child requires that there be a specific relationship between the victim and the abuser, who must be a parent, guardian, or be in a position of authority or special trust. Except, for any child who is suspected of being labor trafficked or involved in commercial sexual activities, no specific relationship with the abuser is required. Instances in which a person over the age of 21 is sexually abusing or exploiting a child under the age of 16 must also be reported to the Cabinet for Health and Family Services regardless of the presence of a specific relationship (KRS 600.020, 620.030, 620.050, 194A.540).

SPOUSAL ABUSE AND DEMENTIA

Healthcare workers may report spousal abuse to Adult Protective Services (APS) when a patient with dementia exhibits violent behavior, but if the violence is dementia-related and the client is receiving dementia care services, there may be nothing more that the APS worker can do. It may be prudent to attempt to have guns and other obvious weapons removed from the home or to notify the police.

Education and Referral Requirement

Healthcare professionals in Kentucky are required by law to assist victims by offering educational materials and contact information so that they may connect with local resources. This may include referrals to shelters or for legal assistance and information such as how to obtain a protective order. Since there may be a concern for a negative response if an abuser discovers educational materials and/or referral lists, it is recommended to provide a resource list in a discrete format (such as concealed in a small item that fits into a pocket or purse) for victims who may need it.

(See also “Domestic Violence Resources” below.)

TIPS FOR RESPONDING TO VICTIMS
  • Listen and believe.
  • Do not investigate if it is not your job to do so.
  • Determine if reporting is required by law.
  • Make the report immediately if required by law or requested by the victim.
  • Respond in the safest way possible for the victim/safety planning/referrals.
  • Identify resources for the victim and yourself.
  • Continue to interact with the victim as normally as possible and provide support.
  • Remember that reporting is often a beginning, not an end; victims often need more support and advocacy after a report is made.
    (KCADV, n.d.-a)

Legal Consequences and Protections Related to Reporting

Kentucky law provides both legal consequences and legal protections in relation to reporting laws for domestic violence and abuse. These include:

  • Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) (reports of adult abuse, neglect, or exploitation) is guilty of a Class B misdemeanor.
  • Any person who intentionally fails to report suspected child dependency, neglect, abuse, or human trafficking is guilty of a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D felony for each subsequent offense.
  • Any person who knowingly makes a false report and does so with malice is guilty of a Class A misdemeanor.
  • Anyone acting upon reasonable cause in the making of a report or acting in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.
  • Any employee or designated agent of a children’s advocacy center shall be immune from any civil liability arising from performance within the scope of the person’s duties as provided in the statute. Any such person shall have the same immunity with respect to participation in any judicial proceeding.
CASE

A nurse in a busy OB/GYN practice notices multiple bruises in various stages of healing on her patient’s legs during a routine prenatal visit. The nurse asks the patient what happened to her legs, and the patient states that her husband kicked her. The patient states she does not want to press charges. The nurse gives the patient a resource pamphlet on domestic violence, educates her about domestic violence services, and assures the patient that she does not have to go through this alone. Finally, the nurse asks the patient if she would like some privacy to call the helpline before leaving the office.

DOMESTIC VIOLENCE RESOURCES