{"data":{"id":"us-ky/krs-210.045","jurisdiction":"us-ky","citation":"KRS 210.045","heading":"Additional duties -- Requirements as to closure of certain state -owned or","body":"state-operated facilities for persons with an intellectual disability.\n(1) The Cabinet for Health and Family Services shall:\n(a) Maintain, operate, and assume program responsibi lity for all state institutions\nand facilities for intellectual disability;\n(b) Provide rehabilitation services for individuals with an intellectual disability\nthrough educational and training programs;\n(c) Provide medical and allied services to individual s with an intellectual\ndisability and their families;\n(d) Encourage and assist communities to develop programs and facilities in the\nfield of intellectual disability;\n(e) Sponsor or carry out research, or both, in the field of intellectual disability;\n(f) Assist other governmental and private agencies in the development of\nprograms and services for individuals with an intellectual disability and their\nfamilies and for the prevention of intellectual disability, and coordinate\nprograms and services so developed;\n(g) Provide written notice to the Legislative Research Commission of its intent to\npropose legislation to permit immediate or gradual closure of any state -owned\nor state-operated facility that provides residential services to persons with an\nintellectual disability or other developmental disabilities at least sixty (60)\ndays prior to the next legislative session; and\n(h) 1. Provide written notice by registered mail to each resident, his or her\nimmediate family, if known, and his or her guardian of its i ntent to\npropose legislation to permit immediate or gradual closure of any state -\noperated facility that provides residential services to persons with an\nintellectual disability or other developmental disabilities at least sixty\n(60) days prior to the next legislative session; and\n2. Include in the written notice provided under this paragraph that the\nresident, the resident's immediate family, his or her guardian, or any\nother interested party with standing to act on behalf of the resident has\nthe right to p ursue legal action relating to the notice provisions of this\nparagraph and relating to the closure of the facility.\n(2) Any state-owned or state -operated facility or group home that provides residential\nservices to persons with an intellectual disability or other developmental disabilities\nand that has been funded by the General Assembly in a specific biennium, shall not\nbe closed, nor shall the Cabinet for Health and Family Services announce the\npending closure of the facility, during the same biennium exc ept through the\nprovisions specified by subsection (1) of this section.\n(3) The Cabinet for Health and Family Services may close any state -owned or state -\noperated facility that provides residential services to persons with an intellectual\ndisability or other developmental disabilities upon the effective date of an adopted\nact of legislation.\n(4) When a demonstrated health or safety emergency exists for a facility or a federal\naction that requires or necessitates a gradual or immediate closure exists for the\nfacility, the cabinet may seek relief from the requirements of this section  in the\nCircuit Court of the county where the facility is located. In these situations:\n(a) The cabinet shall provide written notice by registered mail to each resident,\nthe resident's immediate family, if known, and his or her guardian, at least ten\n(10) days prior to filing an emergency petition in the Circuit Court; and\n(b) All interested parties, including the cabinet, the resident, his or her immediate\nfamily, his or her guardian, or other interested parties with standing to act on\nbehalf of the reside nt shall have standing in the proceedings under this\nsubsection.\n(5) Any resident, family member or guardian, or other interested parties, as defined by\nKRS 387.510(12) with standing to act on behalf of the resident who wishes to\nchallenge the decision or actions of the Cabinet for Health and Family Services\nregarding the notice requirements of subsection (1) of this section shall have a cause\nof action in the Circuit Court of the county in which the facility is located, or in\nFranklin Circuit Court. In add ition to other relief allowable by law, the resident,\nfamily member or guardian, or other interested party with standing to act on behalf\nof the resident may seek compensatory damages and attorney fees. Punitive\ndamages shall not be allowable under this section.\n(6) Any resident, family member or guardian, or other interested parties, as defined by\nKRS 387.510(12) with standing to act on behalf of the resident may challenge the\ndecision of the state to close a facility in a de novo hearing in the Circuit Co urt of\nthe county in which the facility is located, or in Franklin Circuit Court. In addition\nto other relief allowable by law, the resident, family member or guardian, or other\ninterested party with standing to act on behalf of the resident may seek\ncompensatory damages and attorney fees. Punitive damages shall not be allowable\nunder this section.","path":["KRS Chapter 210"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8226","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:10Z","sha256":"7325906f3e040bbe208be826822fd849c54ebfb6dba92c743158e1bed612e5f1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-210.042","next":"us-ky/krs-210.047"},"notice":"GroundRules: Original legal text. Not legal advice."}