Kentucky APS


1	State	2016 Statute Number	2016 Statute Language
2	Kentucky	Ky. Rev. Stat. Ann. § 209.005 Elder Abuse Committee -- Membership -- Duties -- Annual Report.	(1) The Cabinet for Health and Family Services shall create an Elder Abuse Committee to develop a model protocol on elder abuse and neglect in the Commonwealth, that shall be comprised of various agency representatives that include but are not limited to: (a) The Department for Community Based Services; (b) The Department for Public Health; (c) The Department for Behavioral Health, Developmental and Intellectual Disabilities; (d) The Department for Aging and Independent Living; (e) The Office of Inspector General’s Division of Health Care; (f) The Office of the Ombudsman; (g) Area Agencies on Aging; (h) Local and state law enforcement official; and (i) Prosecutors. (2) The committee shall address issues of prevention, intervention, investigation, and agency coordination of services on a state and local level through interaction with local groups or entities that either directly or indirectly provide services to the elder population, including but not limited to: (a) Senior citizen centers; (b) Local governmental human service groups; (c) The Sanders-Brown Center on Aging at the University of Kentucky; (d) Long-Term Care Ombudsmen; and (e) Other organizations or associations dedicated to serving elder citizens and their families in the Commonwealth. (3) The committee shall: (a) Recommend a model protocol for the joint multidisciplinary investigation of reports of suspected abuse, neglect, or exploitation of the elderly; (b) Recommend practices to assure timely reporting of referrals of abuse, neglect, or exploitation required under KRS 209.030(12); (c) Explore the need for a comprehensive statewide resource directory of services for the elderly; (d) Enhance existing public awareness campaigns for elder abuse and neglect; and (e) Provide forums for the exchange of information to educate the elder population and their families on the rights of elders. (4) The committee shall produce an annual report of their activities, products, and recommendations for public policy to the Governor and the Legislative Research Commission.
3		Ky. Rev. Stat. Ann. § 209.010 Purpose and application of chapter.	(1) The purpose of this chapter is: (a) To provide for the protection of adults who may be suffering from abuse, neglect, or exploitation, and to bring said cases under the purview of the Circuit or District Court; (b) To provide that any person who becomes aware of such cases shall report them to a representative of the cabinet, thereby causing the protective services of the state to be brought to bear in an effort to protect the health and welfare of these adults in need of protective services and to prevent abuse, neglect, or exploitation; and (c) To promote coordination and efficiency among agencies and entities that have a responsibility to respond to the abuse, neglect, or exploitation of adults. (2) This chapter shall apply to the protection of adults who are the victims of abuse, neglect, or exploitation inflicted by a person or caretaker. It shall not apply to victims of domestic violence unless the victim is also an adult as defined in KRS 209.020(4).
4		Ky. Rev. Stat. Ann. § 209.020 Definitions for chapter.	As used in this chapter, unless the context otherwise requires: (1) "Secretary" means the secretary of the Cabinet for Health and Family Services; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Department" means the Department for Community Based Services of the Cabinet for Health and Family Services; (4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services; (5) "Protective services" means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. These services may include but are not limited to conducting investigations of complaints of possible abuse, neglect, or exploitation to ascertain whether or not the situation and condition of the adult in need of protective services warrants further action; social services aimed at preventing and remedying abuse, neglect, and exploitation; and services directed toward seeking legal determination of whether or not the adult in need of protective services has been abused, neglected, or exploited and to ensure that he or she obtains suitable care in or out of his or her home; (6) "Caretaker" means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or who has assumed the responsibility for the care of the adult person voluntarily or by contract, employment, legal duty, or agreement; (7) "Deception" means but is not limited to: (a) Creating or reinforcing a false impression, including a false impression as to law, value, intention, or other state of mind; (b) Preventing another from acquiring information that would affect his or her judgment of a transaction; or (c) Failing to correct a false impression that the deceiver previously created or reinforced, or that the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship; (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury; (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources; (10) "Investigation" shall include but is not limited to: (a) A personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or doctor's report shall be examined as part of the investigation; (b) An assessment of individual and environmental risk and safety factors; (c) Identification of the perpetrator, if possible; and (d) Identification by the Office of Inspector General of instances of failure by an administrator or management personnel of a regulated or licensed facility to adopt or enforce appropriate policies and procedures, if that failure contributed to or caused an adult under the facility's care to be abused, neglected, or exploited; (11) "Emergency" means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others; (12) "Emergency protective services" are protective services furnished an adult in an emergency; (13) "Protective placement" means the transfer of an adult from his or her present living arrangement to another; (14) "Court" means the Circuit Court or the District Court if no judge of that Circuit Court is present in the county; (15) "Records" means the medical, mental, health, and financial records of the adult that are in the possession of any hospital, firm, corporation, or other facility, if necessary to complete the investigation mandated in this chapter. These records shall not be disclosed for any purpose other than the purpose for which they have been obtained; (16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult; and (17) "Authorized agency" means: (a) The Cabinet for Health and Family Services; (b) A law enforcement agency or the Department of Kentucky State Police; (c) The office of a Commonwealth's attorney or county attorney; or (d) The appropriate division of the Office of the Attorney General.
5		Ky. Rev. Stat. Ann. § 209.030 Administrative regulations -- Reports of adult abuse, neglect, or exploitation -- Cabinet actions -- Status and disposition reports.	(1) The secretary may promulgate administrative regulations in accordance with KRS Chapter 13A to effect the purposes of this chapter. While the cabinet shall continue to have primary responsibility for investigation and the provision of protective services under this chapter, nothing in this chapter shall restrict the powers of another authorized agency to act under its statutory authority. (2) Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. Death of the adult does not relieve one of the responsibility for reporting the circumstances surrounding the death. (3) An oral or written report shall be made immediately to the cabinet upon knowledge of suspected abuse, neglect, or exploitation of an adult. (4) Any person making such a report shall provide the following information, if known: (a) The name and address of the adult, or of any other person responsible for his care; (b) The age of the adult; (c) The nature and extent of the abuse, neglect, or exploitation, including any evidence of previous abuse, neglect, or exploitation; (d) The identity of the perpetrator, if known; (e) The identity of the complainant, if possible; and (f) Any other information that the person believes might be helpful in establishing the cause of abuse, neglect, or exploitation. (5) Upon receipt of the report, the cabinet shall conduct an initial assessment and take the following action: (a) Notify within twenty-four (24) hours of the receipt of the report the appropriate law enforcement agency. If information is gained through assessment or investigation relating to emergency circumstances or a potential crime, the cabinet shall immediately notify and document notification to the appropriate law enforcement agency; (b) Notify each appropriate authorized agency. The cabinet shall develop standardized procedures for notifying each appropriate authorized agency when an investigation begins and when conditions justify notification during the pendency of an investigation; (c) Initiate an investigation of the complaint; and (d) Make a written report of the initial findings together with a recommendation for further action, if indicated. (6) (a) The cabinet shall, to the extent practicable, coordinate its investigation with the appropriate law enforcement agency and, if indicated, any appropriate authorized agency or agencies. (b) The cabinet shall, to the extent practicable, support specialized multidisciplinary teams to investigate reports made under this chapter. This team may include law enforcement officers, social workers, Commonwealth's attorneys and county attorneys, representatives from other authorized agencies, medical professionals, and other related professionals with investigative responsibilities, as necessary. (7) Any representative of the cabinet may enter any health facility or health service licensed by the cabinet at any reasonable time to carry out the cabinet's responsibilities under this chapter. Any representative of the cabinet actively involved in the conduct of an abuse, neglect, or exploitation investigation under this chapter shall also be allowed access to financial records and the mental and physical health records of the adult which are in the possession of any hospital, firm, financial institution, corporation, or other facility if necessary to complete the investigation mandated by this chapter. These records shall not be disclosed for any purpose other than the purpose for which they have been obtained. (8) Any representative of the cabinet may with consent of the adult or caretaker enter any private premises where any adult alleged to be abused, neglected, or exploited is found in order to investigate the need for protective services for the purpose of carrying out the provisions of this chapter. If the adult or caretaker does not consent to the investigation, a search warrant may be issued upon a showing of probable cause that an adult is being abused, neglected, or exploited, to enable a representative of the cabinet to proceed with the investigation. (9) If a determination has been made that protective services are necessary when indicated by the investigation, the cabinet shall provide such services within budgetary limitations, except in such cases where an adult chooses to refuse such services. (10) In the event the adult elects to accept the protective services to be provided by the cabinet, the caretaker shall not interfere with the cabinet when rendering such services. (11) The cabinet shall consult with local agencies and advocacy groups, including but not limited to long-term care ombudsmen, law enforcement agencies, bankers, attorneys, providers of nonemergency transportation services, and charitable and faith-based organizations, to encourage the sharing of information, provision of training, and promotion of awareness of adult abuse, neglect, and exploitation, crimes against the elderly, and adult protective services. (12) (a) By November 1 of each year and in accordance with state and federal confidentiality and open records laws, each authorized agency that receives a report of adult abuse, neglect, or exploitation shall submit a written report to the cabinet that provides the current status or disposition of each case referred to that agency by the cabinet under this chapter during the preceding year. The Elder Abuse Committee established in KRS 209.005 may recommend practices and procedures in its model protocol for reporting to the cabinet under this section. (b) By December 30 of each year, the cabinet shall provide a written report to the Governor and the Legislative Research Commission that summarizes the status of and actions taken on all reports received from authorized agencies and specific departments within the cabinet under this subsection. The cabinet shall identify any report required under paragraph (a) of this subsection that is not received by the cabinet. Identifying information about individuals who are the subject of a report of suspected adult abuse, neglect, or exploitation shall not be included in the report under this paragraph. The report shall also include recommendations, as appropriate, to improve the coordination of investigations and the provision of protective services. The cabinet shall make the report available to community human services organizations and others upon request.
6		Ky. Rev. Stat. Ann. § 209.032 Query as to whether prospective or current employee has validated substantiated finding of adult abuse, neglect, or exploitation — Administrative regulations — Central registry of substantiated findings made on or after July 15, 2014.	(1) As used in this section: (a) “Employee” means a person who: 1. Is hired directly or through a contract by a vulnerable adult services provider who has duties that involve or may involve one-on-one contact with a patient, resident, or client; or 2. Is a volunteer who has duties that are equivalent to the duties of an employee providing direct services and the duties involve, or may involve, one-on-one contact with a patient, resident, or client; (b) “Validated substantiated finding of adult abuse, neglect, or exploitation” means that the cabinet has: 1. Entered a final order concluding by a preponderance of the evidence that an individual has committed adult abuse, neglect, or exploitation against a different adult for whom the individual was providing care or services as an employee or otherwise with the expectation of compensation; 2. The individual has been afforded an opportunity for an administrative hearing under procedures compliant with KRS Chapter 13B, and an appeal to the Circuit Court of the county where the abuse, neglect, or exploitation is alleged to have occurred or, if the individual consents, to the Franklin Circuit Court; and 3. That any appeal, including the time allowed for filing an appeal, has concluded or expired; and (c) “Vulnerable adult service provider” means: 1. Adult day health care program centers as defined in KRS 216B.0441; 2. Adult day training facilities; 3. Assisted-living communities as defined in KRS 194A.700; 4. Boarding homes as defined in KRS 216B.300; 5. Group homes for individuals with an intellectual disability and developmentally disabled (ID/DD); 6. Home health agencies as defined in KRS 216.935; 7. Hospice programs or residential hospice facilities licensed under KRS Chapter 216B; 8. Long-term-care hospitals as defined in 42 U.S.C. sec. 1395ww(d)(1)(B)(iv); 9. Long-term-care facilities as defined in KRS 216.510; 10. Personal services agencies as defined in KRS 216.710; 11. Providers of home and community-based services authorized under KRS Chapter 205, including home and community based waiver services and supports for community living services; and 12. State-owned and operated psychiatric hospitals. (2) A vulnerable adult services provider shall query the cabinet as to whether a validated substantiated finding of adult abuse, neglect, or exploitation has been entered against an individual who is a bona fide prospective employee of the provider. The provider may periodically submit similar queries as to its current employees and volunteers. The cabinet shall reply to either type of query only that it has or has not entered such a finding against the named individual. (3) An individual may query the cabinet as to whether the cabinet’s records indicate that a validated substantiated finding of adult abuse, neglect, or exploitation has been entered against him or her. The cabinet shall reply only that it has or has not entered such a finding against the named individual, although this limitation shall not be construed to prevent the individual who is the subject of the investigation from obtaining cabinet records under other law, including the Kentucky Open Records Act. An individual making a query under this subsection may direct that the results of the query be provided to an alternative recipient seeking to utilize the care or services of the querying individual. (4) Every cabinet investigation of adult abuse, neglect, or exploitation committed by an employee or a person otherwise acting with the expectation of compensation shall be conducted in a manner affording the individual being investigated the level of due process required to qualify any substantiated finding as a validated substantiated finding of adult abuse, neglect, or exploitation. (5) The cabinet shall promulgate administrative regulations to implement the provisions of this section. Included in these administrative regulations shall be: (a) An error resolution process allowing an individual whose name is erroneously reported to have been the subject of a validated substantiated finding of adult abuse, neglect, or exploitation to request the correction of the cabinet’s records; and (b) A designation of the process by which queries may be submitted in accordance with this section, which shall require that the queries be made using a secure methodology and only by providers and persons authorized to submit a query under this section. (6) If the cabinet does not respond to a query under subsection (2) of this section within twenty-four (24) hours and a vulnerable adult services provider hires or utilizes an employee provisionally, the provider shall not be subject to liability solely on the basis of hiring or utilizing the employee before having received the cabinet’s response. (7) This section shall only apply to instances of abuse, neglect, or exploitation substantiated on or after July 15, 2014, which shall be compiled into a central registry for the purpose of queries submitted under this section.
7		Ky. Rev. Stat. Ann. § 209.035 Cabinet's authority to promulgate administrative regulations on general adult services.	The cabinet shall promulgate administrative regulations for the provision of general adult services to include uniform criteria for adult intake and appropriate and necessary service provision.
8		Ky. Rev. Stat. Ann. § 209.040 Remedies -- Injuctive relief.	Any court may upon proper application by the cabinet issue a restraining order or other injunctive relief to prohibit any violation of this chapter, regardless of the existence of any other remedy at law.
9		Ky. Rev. Stat. Ann. § 209.050 Immunity from civil or criminal liability.	Anyone acting upon reasonable cause in the making of any report or investigation or participating in the filing of a petition to obtain injunctive relief or emergency protective services for an adult pursuant to this chapter, including representatives of the cabinet in the reasonable performance of their duties in good faith, and within the scope of their authority, shall have immunity from any civil or criminal liability 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 investigation and such immunity shall apply to those who render protective services in good faith pursuant either to the consent of the adult or to court order.
10		Ky. Rev. Stat. Ann. § 209.060 Privileged relationships not ground for excluding evidence.	Neither the psychiatrist-patient privilege nor the husband-wife privilege shall be a ground for excluding evidence regarding the abuse, neglect, or exploitation of an adult or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter.
11		Ky. Rev. Stat. Ann. § 209.080 Title.	This chapter may be cited as the Kentucky Adult Protection Act.
12		Ky. Rev. Stat. Ann. § 209.090 Legislative intent.	The General Assembly of the Commonwealth of Kentucky recognizes that some adults of the Commonwealth are unable to manage their own affairs or to protect themselves from abuse, neglect, or exploitation. Often such persons cannot find others able or willing to render assistance. The General Assembly intends, through this chapter, to establish a system of protective services designed to fill this need and to assure their availability to all adults. It is also the intent of the General Assembly to authorize only the least possible restriction on the exercise of personal and civil rights consistent with the person's needs for services, and to require that due process be followed in imposing such restrictions.
13		Ky. Rev. Stat. Ann. § 209.100 Emergency protective services.	(1) If an adult lacks the capacity to consent to receive protective services in an emergency, these services may be ordered by a court on an emergency basis through an order pursuant to KRS 209.110, provided that: (a) The adult is in a state of abuse or neglect and an emergency exists; (b) The adult is in need of protective services; (c) The adult lacks the capacity to consent and refuses to consent to such services; and (d) No person authorized by law or court order to give consent for the adult is available to consent to emergency protective services or such person refuses to give consent. (2) In ordering emergency protective services, the court shall authorize only that intervention which it finds to be the least restrictive of the individual's liberty and rights while consistent with his welfare and safety.
14		Ky. Rev. Stat. Ann. § 209.110 Petition -- Guardian ad litem -- Summons -- Notice -- Hearing -- Report to court -- Fee.	(1) A petition by the cabinet for emergency protective services shall be verified by an authorized representative of the cabinet and shall set forth the name, age, and address of the adult in need of protective services; the nature of the disability of the adult, if determinable; the proposed protective services; the petitioner's reasonable belief, together with the facts supportive thereof, as to the existence of the facts, and the facts showing the petitioner's attempts to obtain the adult's consent to the services and the outcomes of such attempts. The petition and all subsequent court documents shall be entitled: "In the interest of----- , an adult in need of protective services." The petition shall be filed in the court of the adult's residence, or if filed pursuant to KRS 209.130, the court of the county in which the adult is physically located. (2) When a petition for emergency protective services is filed, the court or the clerk shall immediately appoint a guardian ad litem to represent the interest of the adult. The duties of a guardian ad litem representing an adult for whom a petition for emergency protective services has been filed shall include personally interviewing the adult, counseling with the adult with respect to this chapter, informing him of his rights and providing competent representation at all proceedings, and such other duties as the court may order. (3) Following the filing of a petition, a summons shall be issued and served with a copy of the petition, and notice of the time, date and location of the hearing to be held on the petition. Service shall be made upon the adult and his guardian or, if none, his caretaker. Should the adult have no guardian or caretaker, service shall be made upon the adult's guardian ad litem. Notice of the hearing shall be given to the adult's spouse, or, if none, to his adult children or next of kin, unless the court is satisfied that notification would be impractical. Service shall not be made upon any person who is believed to have perpetrated the abuse, neglect, or exploitation. Service of the petition shall be made at least three (3) calendar days prior to the hearing for emergency protective services. (4) The hearing on the petition for an emergency order for protective services shall be heard under the following conditions: (a) The hearing on the petition, in the interests of expedition, may be held in any county within the judicial district or circuit served by the court. The court shall give priority to the holdings of the hearings pursuant to petitions filed under this chapter; (b) The adult or his representative may present evidence and cross-examine witnesses; and (c) The adult or his representative may petition the court to have any order which is entered pursuant to this chapter, set aside or modified for good cause. (5) Where protective services are rendered on the basis of an order pursuant to this section, the cabinet shall submit a report to the court describing the circumstances including the name, place, date, and nature of the services. Such report shall be made at least once or on a monthly basis if protective services are provided the adult for a period of longer than one (1) month. (6) The fee of the guardian ad litem shall be paid by the cabinet not to exceed three hundred dollars ($300). This fee is not to be paid to attorneys employed by government funded legal services programs.
15		Ky. Rev. Stat. Ann. § 209.115 Disqualification from serving in fiduciary capacity for felony conviction under KRS chapter 209.	(1) Any person convicted of a felony under this chapter shall be disqualified from being appointed or serving as a guardian, limited guardian, conservator, limited conservator, executor, administrator, fiduciary, personal representative, attorney-in-fact, or health care surrogate as to the victim of the offense or the victim’s estate. The sentencing judge shall inform the defendant of the provisions of this section at sentencing. (2) Any interested person or entity, as that phrase is defined in KRS 387.510, shall have standing to contest the appointment or continued service of a person subject to the prohibition established in subsection (1) of this section. (3) Actions of a guardian, limited guardian, conservator, limited conservator, executor, administrator, fiduciary, personal representative, attorney-in-fact, or health care surrogate disqualified from acting in that capacity due to the provisions of subsection (1) of this section shall remain valid as to third parties acting in good faith and without knowledge of the person’s disqualification.
16		Ky. Rev. Stat. Ann. § 209.120 Findings by court -- Limitations of court's power -- Termination of order.	(1) Upon petition by the cabinet a court may issue an order authorizing the provision of emergency protective services to an adult after a hearing and upon a finding based on a preponderance of the evidence that: (a) The adult is in a state of abuse, neglect, or exploitation and is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or others; (b) The adult is in need of protective services; (c) The adult lacks the capacity to consent to such services; and (d) No person authorized by law or court order to give consent for the adult is available to consent to protective services or such person refuses to give consent. (2) In issuing an emergency order the court shall adhere to the following limitations: (a) Only such protective services, including medical and surgical care and protective placement, as are necessary to remove the conditions creating the emergency shall be covered, and the court shall specifically designate the approved services in its order. Such designation of approved services shall be deemed to be the consent of the court authorizing the provision of such services. (b) Protective services authorized by the court shall not include hospitalization or protective placement unless the court specifically finds such action is necessary and gives specific approval for such action in its order. (c) The issuance of an emergency order shall not deprive the adult of any rights except to the extent validly provided for in the order. (d) To implement an order, the court may authorize forcible entry of the premises of the adult for the purpose of rendering protective services or transporting the adult to another location for the provision of such services. Authorized forcible entry shall be accomplished by a peace officer accompanied by a representative of the cabinet. (3) If the court finds, pursuant to a hearing, that the adult is in need of protective services, and should that adult have a guardian who has been derelict in providing for the welfare of the adult, the court shall have the discretion to remove the guardian and appoint another guardian, if an individual is available, willing, and able to function as guardian; such removal and appointment shall be in compliance with the provisions of KRS Chapter 387. It is not necessary for the court to find a guardian has been derelict as a requirement for the issuance of an order for protective services. (4) If the court finds that protective services are no longer needed by the adult, the court shall order the emergency protective services to terminate.
17		Ky. Rev. Stat. Ann. § 209.130 Ex parte order of court -- Implementation.	(1) When from an affidavit or sworn testimony of an authorized representative of the cabinet, it appears probable that an adult will suffer immediate and irreparable physical injury or death if protective services are not immediately provided, and it appears that the adult is incapable of giving consent, the court may assume jurisdiction and issue an ex parte order providing that certain specific protective services be provided the adult. The court shall not authorize such protective services except those specifically designed to remove the adult from conditions of immediate and irreparable physical injury or death. A copy of the order shall be served upon the adult and his guardian, or if none, his caretaker. Service shall not be made upon the person or caretaker who is believed to have perpetrated the abuse, neglect, or exploitation. (2) To implement an ex parte order, the court may authorize forcible entry of the premises of the adult for the purpose of rendering protective services or transporting the adult to another location for the provision of such services. Authorized forcible entry shall be accomplished by a peace officer accompanied by a representative of the cabinet. (3) Upon the issuance of an ex parte order, the cabinet must file a petition as soon as possible. A hearing must be held within seventy-two (72) hours, exclusive of Saturdays and Sundays, from the issuance of an ex parte order.
18		Ky. Rev. Stat. Ann. § 209.140 Confidentiality of information.	All information obtained by the department staff or its delegated representative, as a result of an investigation made pursuant to this chapter, shall not be divulged to anyone except: (1) Persons suspected of abuse or neglect or exploitation, provided that in such cases names of informants may be withheld, unless ordered by the court; (2) Persons within the department or cabinet with a legitimate interest or responsibility related to the case; (3) Other medical, psychological, or social service agencies, or law enforcement agencies that have a legitimate interest in the case; (4) Cases where a court orders release of such information; (5) The alleged abused or neglected or exploited person.
19		Ky. Rev. Stat. Ann. § 209.150 Who may make criminal complaint.	Any representative of the cabinet acting officially in that capacity, any person with personal knowledge of the abuse or neglect, or exploitation of an adult by a caretaker, or an adult who has been abused or neglected or exploited shall have standing to make a criminal complaint.
20		Ky. Rev. Stat. Ann. § 209.160 Spouse abuse shelter fund -- Department of Revenue to administer -- Cabinet for Health and Family Services to use -- Primary service providers.	(1) There is hereby created a trust and agency account in the State Treasury to be known as the domestic violence shelter fund. Each county clerk shall remit to the fund, by the tenth of the month, ten dollars ($10) from each twenty-four dollars ($24) collected during the previous month from the issuance of marriage licenses. The fund shall be administered by the Department of Revenue. The Cabinet for Health and Family Services shall use the funds for the purpose of providing protective shelter services for domestic violence victims. (2) The Cabinet for Health and Family Services shall designate one (1) nonprofit corporation in each area development district to serve as the primary service provider and regional planning authority for domestic violence shelter, crisis, and advocacy services in the district in which the designated provider is located.
21		Ky. Rev. Stat. Ann. § 209.170 Staffing requirements.	The Cabinet for Health and Family Services shall provide for sufficient social worker staff to implement the provisions of this chapter. This staff shall obtain the training provided under KRS 194A.545.
22		Ky. Rev. Stat. Ann. § 209.180 Prosecution of adult abuse, neglect, and exploitation.	(1) If adequate personnel are available, each Commonwealth's attorney's office and each county attorney's office shall have an attorney trained in adult abuse, neglect, and exploitation. (2) Commonwealth's attorneys and county attorneys, or their assistants, shall take an active part in interviewing the adult alleged to have been abused, neglected, or exploited, and shall inform the adult about the proceedings throughout the case. (3) If adequate personnel are available, Commonwealth's attorneys and county attorneys shall provide for an arrangement that allows one (1) lead prosecutor to handle the case from inception to completion to reduce the number of persons involved with the adult victim. (4) Commonwealth's attorneys, county attorneys, cabinet representatives, and other members of multidisciplinary teams shall minimize the involvement of the adult in legal proceedings, avoiding appearances at preliminary hearings, grand jury hearings, and other proceedings when possible. (5) Commonwealth's attorneys, county attorneys, and victim advocates employed by Commonwealth's attorneys or county attorneys shall make appropriate referrals for counseling, private legal services, and other appropriate services to ensure the future protection of the adult when a decision is made not to prosecute the case. The Commonwealth's attorney or county attorney shall explain the decision not to prosecute to the family or guardian, as appropriate, and to the adult victim.
23		Ky. Rev. Stat. Ann. § 209.190 Prosecutor's manual.	The Attorney General, in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in crimes against the elderly, shall develop a prosecutor's manual for Commonwealth's attorneys and county attorneys establishing the policies and procedures for the prosecution of crimes against the elderly. The manual shall be completed no later than January 1, 2006, and shall be revised by July 31 of every even-numbered year after 2007. The Attorney General shall distribute a copy of the manual to every Commonwealth's attorney and county attorney.
24		Ky. Rev. Stat. Ann. § 209.195 Electronic development of and access to educational and training courses and materials.	Educational and training courses and materials required under KRS 15.760, 21A.170, 69.350, 194A.540, and 194A.545 may be developed and accessed by computer, Internet, or other electronic technology. Agencies are encouraged to post and maintain the programs on their Web sites.
25		Ky. Rev. Stat. Ann. § 209.400 Legislative intent.	It is the intent of the General Assembly that moneys appropriated in Acts 1980, ch. 238, sec. 4 be utilized only to initiate the statewide senior and physically disabled adult discount program and that, after a period of two (2) years, the program be self-sustaining and no further public funds should be expended thereon.
26		Ky. Rev. Stat. Ann. § 209.410 Definitions.	As used in KRS 209.400 and 209.420, unless the context otherwise requires: (1) "Physically disabled adult" means a person, eighteen (18) years of age or older, with a physical condition, whether congenital or acquired, which constitutes a substantial disability to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques. (2) "Senior citizen" means a person sixty (60) years of age or older; (3) "Statewide senior and physically disabled adult discount program" means a program to provide senior and physically disabled adults discounts on retail goods and services from merchants throughout the state.
27		Ky. Rev. Stat. Ann. § 209.420 Senior and Physically Disabled Adult Discount Program for retail goods and services.	(1) There is established within the Cabinet for Health and Family Services a statewide Senior and Physically Disabled Adult Discount Program for the purpose of making retail goods and services available at reduced rates to the Commonwealth's senior citizens. (2) Program participation shall be voluntary and free. No fees, dues, or other charges shall be assessed by the cabinet nor required of the merchants or senior or physically disabled adult citizens who choose to participate. The cabinet shall invite retail merchants to participate in the program by extending discounts on their merchandise or services to physically disabled adults and citizens sixty (60) years of age and older. The conditions and rate of the discounts shall be determined by the participating businesses. Persons sixty (60) years of age and physically disabled adults shall be eligible to participate in the program by presenting valid proof of age or a statement from a licensed physician that the person is physically disabled to participating businesses. (3) The secretary of the cabinet shall make such regulations as necessary to provide program identification for participating merchants and senior citizens lacking proof of age, informational brochures, directories of participating businesses, and other printed materials essential to the implementation and promotion of the program.
28		Ky. Rev. Stat. Ann. § 209.500 Kentucky Senior Games Program.	The Kentucky Senior Games Program is hereby created within the Department for Aging and Independent Living of the Cabinet for Health and Family Services. The program shall develop a year-round recreation, fitness, and health promotion program for Kentuckians fifty-five (55) years of age or older which shall provide a network of local competition and participation that culminates in a senior games state final.
29		Ky. Rev. Stat. Ann. § 209.550 Definitions for KRS 209.550 to 209.554.	As used in KRS 209.550 to 209.554, unless the context requires otherwise: (1) "Commissioner" means the commissioner of the department; (2) "Department" means the Department for Public Health; (3) "Documentation" means written evidence from an individual's health care provider that indicates the date and place the individual received the influenza vaccine or the pneumococcal vaccine; (4) "Employee" means an individual who is employed, directly or by contract, with another entity, on a part-time or full-time basis; (5) "Medically contraindicated" describes a situation in which the influenza or pneumococcal vaccine should not be administered to an individual because of a condition that the individual has that will be detrimental to the individual's health if the individual receives the vaccine; and (6) "Long-term care facility" has the same meaning as in KRS 216.510, except that for purposes of KRS 209.550 to 209.554, "long-term care facility" does not include family-care homes or personal-care homes.
30		Ky. Rev. Stat. Ann. § 209.552 Immunization against pneumococcal disease and influenza -- Documentation -- Immunization of employees.	(1) Every long-term care facility shall require residents to be immunized against pneumococcal disease and influenza. Upon admission, the long-term care facility shall: (a) Notify the resident of the requirements of this section and request that the resident agree to be immunized against pneumococcal disease and influenza virus; (b) Assess the resident's immunization status for influenza virus and pneumococcal disease; (c) Counsel each resident on the risks of influenza and pneumococcal disease; the efficacy, side effects, and contraindications of these immunizations; and the recommendations of the Centers for Disease Control prior to administration of the vaccines; and (d) Provide or arrange for immunizations against pneumococcal and influenza in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control, unless medically contraindicated, if the resident or long-term care facility does not have documentation of the immunization. (2) Every long-term care facility shall document the annual immunization against influenza virus and pneumococcal immunization for each resident. Upon finding that a resident lacks either of these immunizations, the facility shall provide or arrange for the immunization in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control, unless medically contraindicated. (3) Every long-term care facility shall require each employee to be immunized against pneumococcal and influenza virus. Upon employment, the long-term care facility shall: (a) Notify the employee of the requirements of this section and request that the employee agree to be immunized against pneumococcal disease and influenza virus; (b) Assess the employee's immunization status for influenza virus and pneumococcal disease; (c) Counsel each employee on the risks of influenza and pneumococcal disease; the efficacy, side effects, and contraindications of these immunizations; and the recommendations of the Centers for Disease Control prior to administration of the vaccines; and (d) Provide or arrange for immunizations against pneumococcal and influenza in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control, unless medically contraindicated, if the employee or the long-term care facility does not have documentation of the appropriate immunizations. (4) Every long-term care facility shall document the annual immunization against influenza virus and pneumococcal immunization for each employee. Upon finding that an employee lacks either of these immunizations, the facility shall provide or arrange for immunization in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control, unless medically contraindicated. (5) The provisions of this section shall not apply if: (a) The vaccine is medically contraindicated; (b) The employee, resident, or resident's legal guardian objects to the immunizations due to religious beliefs; or (c) The employee or resident refuses the vaccine after being fully informed of the health risks.
31		Ky. Rev. Stat. Ann. § 209.554 Administrative regulations -- Educational literature -- Negotiation for price of vaccines -- Report.	(1) The commissioner of the department shall implement the provisions of KRS 209.550 to 209.554 through the promulgation of administrative regulations under KRS Chapter 13A. (2) The department shall make educational literature that describes the risks of influenza and pneumococcal disease; the efficacy, side effects, and contraindications of these immunizations; and the recommendations from the Centers for Disease Control available to every long-term care facility. (3) The department, on behalf of long-term care facilities, shall negotiate with any appropriate manufacturer of the vaccines for adult pneumococcal disease and influenza for a purchase price of the vaccines. Long-term care facilities shall be entitled to purchase the vaccines at the negotiated price for the purposes specified under KRS 209.552. (4) The commissioner of the department shall report by September 1, 2005, to the Governor, the Interim Joint Committee on Health and Welfare, and the Legislative Research Commission on the number of outbreaks in long-term care facilities for each year due to influenza virus and pneumococcal disease and the number of hospitalizations of long-term care facility residents each year due to influenza virus, pneumococcal disease, and associated complications.
32		Ky. Rev. Stat. Ann. § 209.990 Penalties.	(1) Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) shall be guilty of a Class B misdemeanor as designated in KRS 532.090. Each violation shall constitute a separate offense. (2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony. (3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony. (4) Any person who recklessly abuses or neglects an adult is guilty of a Class A misdemeanor. (5) Any person who knowingly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class C felony. (6) Any person who wantonly or recklessly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class D felony. (7) Any person who knowingly, wantonly, or recklessly exploits an adult, resulting in a total loss to the adult of three hundred dollars ($300) or less in financial or other resources, or both, is guilty of a Class A misdemeanor. (8) If a defendant is sentenced under subsection (5), (6), or (7) of this section and fails to return the victim’s property as defined in KRS 218A.405 within thirty (30) days of an order by the sentencing court to do so, or is thirty (30) days or more delinquent in a court-ordered payment schedule, then the defendant shall be civilly liable to the victim of the offense or the victim’s estate for treble damages, plus reasonable attorney fees and court costs. Any interested person or entity, as defined in KRS 387.510, shall have standing to bring a civil action on the victim’s behalf to enforce this section. The sentencing judge shall inform the defendant of the provisions of this subsection at sentencing.
33		Ky. Rev. Stat. Ann. § 194A.545 Training and continuing education courses for staff of Department for Community Based Services.	(1) The secretary for health and family services shall develop an initial training course and continuing education courses for employees of the Department for Community Based Services concerning the dynamics of domestic violence and elder abuse, neglect, and exploitation; effects of domestic violence and elder abuse, neglect, and exploitation on adult and child victims; legal remedies for protection; lethality and risk issues; model protocols for addressing domestic violence; available community resources and victim services; and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence. (2) Each person employed by the Department for Community Based Services who provides supervisory or direct service at the local, district, or state level shall successfully complete the initial training course and, at least once every two (2) years, the continuing education course developed under subsection (1) of this section. (3) The secretary is encouraged to include an educational component covering the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020, as part of the initial training and continuing education for Department for Community Based Services front-line child protection staff.
34		Ky. Rev. Stat. Ann. § 194A.709 Delivery of health services by staff -- Abuse, neglect, and exploitation of clients, policies and reporting.	(1) The department shall report to the Division of Health Care any alleged or actual cases of health services being delivered by the staff of an assisted-living community. (2) An assisted-living community shall have written policies on reporting and recordkeeping of alleged or actual cases of abuse, neglect, or exploitation of an adult under KRS 209.030. The only requisite components of a recordkeeping policy are the date and time of the report, the reporting method, and a brief summary of the alleged incident. (3) Any assisted-living community staff member who has reasonable cause to suspect that a client has suffered abuse, neglect, or exploitation shall report the abuse, neglect, or exploitation under KRS 209.030.
35		2013 KY H.B. 367 (NS) - Amendments	SECTION 1. A NEW SECTION OF KRS CHAPTER 209 IS CREATED TO READ AS FOLLOWS: As used in Sections 1 and 2 of this Act: (1) "Adult" has the same meaning as in KRS 209.020, except that the term shall exclude: (a) Self-neglect; (b) Victims of spouse abuse in accordance with KRS 209A.020; and (c) Victims of domestic violence who are a spouse, former spouse, or member of an unmarried couple in accordance with KRS 403.720. (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Long-term-care facility or provider" means: (a) Long-term-care facility as defined in KRS 216.510; (b) Nursing pool as defined in this subsection providing staff to a long-term-care facility; (c) An adult day health care program as defined in KRS 216B.0441; (d) An adult day training facility; (e) An assisted living-community as defined in KRS 194A.700; (f) A home health agency as defined in KRS 216.935; (g) A provider of hospice care as defined in 42 U.S.C. sec. 1395x(dd)(1) and licensed pursuant to KRS Chapter 216B; (h) A long-term-care hospital as defined in 42 U.S.C. sec. 1395ww(d)(1)(B)(iv); (i) A personal services agency as defined in KRS 216.710; (j) Providers of home and community-based services authorized under KRS Chapter 205; or (k) Any other provider as specified by the cabinet by administrative regulation promulgated pursuant to: 1. The cabinet's statutory authority to regulate the facility or provider; or 2. Subsection (6) of this section; (4) "Nursing pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in or with a long-term-care facility or provider for medical personnel, including, but not limited to, nurses, nursing assistants, nursing aides, and orderlies; (5) "Substantiated" means: (a) An admission of abuse, neglect, or exploitation of an adult by the person responsible; (b) A judicial finding of abuse, neglect, or exploitation of an adult; or (c) A finding by the cabinet that: 1. Abuse, neglect, or exploitation of an adult was more likely than not to have been committed by the alleged perpetrator: and 2. Completion of the administrative appeal process was in accordance with KRS Chapter 13B and the finding was upheld; and (6) "Unsubstantiated" means the cabinet has found insufficient evidence, indicators, or justification present for a substantiated finding of abuse, neglect, or exploitation of an adult, including a cabinet finding that was not upheld through the administrative or judicial appeal process. SECTION 2. A NEW SECTION OF KRS CHAPTER 209 IS CREATED TO READ AS FOLLOWS: (1) The cabinet shall establish and maintain a registry of each individual against whom a finding of abuse, neglect, or exploitation of an adult has been substantiated. (2) The registry shall be made available electronically. Access to the Web-based registry shall be limited to the purpose of employment or volunteering in or with a long-term-care facility or provider; (3) The registry shall not include an unsubstantiated finding; (4) An individual shall not be placed on the registry unless all administrative appeals and any judicial proceedings related to the appeal of a cabinet finding have been completed, and the cabinet's finding has been upheld. All administrative hearings conducted under this section shall be in accordance with KRS Chapter 13B; (5) The secretary shall promulgate administrative regulations in accordance with KRS Chapter 13A that establish: (a) Notice requirements of a cabinet finding to an alleged perpetrator of adult abuse, neglect, or exploitation; (b) The appeal process for an individual against whom a finding of adult abuse, neglect, or exploitation has been made by the cabinet; (c) Information to be contained on the registry: (d) Process to access the Web-based registry; and (e) A timeframe and a process for the removal of an individual listed on the registry; (6) An adult shall not be compelled to participate in person in an administrative hearing but may participate: (a) Telephonically; or (b) Through an authorized representative. (7) A long-term-care facility or provider shall not employ an individual or a volunteer whose name appears on the registry established in this section.