{"data":{"id":"us-ky/krs-600.020","jurisdiction":"us-ky","citation":"KRS 600.020","heading":"Definitions for KRS Chapters 600 to 645.","body":"As used in KRS Chapters 600 to 645, unless the context otherwise requires:\n(1) \"Abused or neglected child\" means a child whose health or welfare is harmed or\nthreatened with harm when:\n(a) His or her parent, guardian, person in a position of authority or s pecial trust,\nas defined in KRS 532.045, or other person exercising custodial control or\nsupervision of the child:\n1. Inflicts or allows to be inflicted upon the child physical or emotional\ninjury as defined in this section by other than accidental means;\n2. Creates or allows to be created a risk of physical or emotional injury as\ndefined in this section to the child by other than accidental means;\n3. Engages in a pattern of conduct that renders the parent incapable of\ncaring for the immediate and ongoing n eeds of the child, including but\nnot limited to parental incapacity due to a substance use disorder as\ndefined in KRS 222.005;\n4. Continuously or repeatedly fails or refuses to provide essential parental\ncare and protection for the child, considering the age of the child;\n5. Commits or allows to be committed an act of sexual abuse, sexual\nexploitation, or prostitution upon the child;\n6. Creates or allows to be created a risk that an act of sexual abuse, sexual\nexploitation, or prostitution will be committed upon the child;\n7. Abandons or exploits the child;\n8. Does not provide the child with adequate care, supervision, food,\nclothing, shelter, and education or medical care necessary for the child's\nwell-being when financially able to do so or offered financial or other\nmeans to do so. A parent or other person exercising custodial control or\nsupervision of the child legitimately practicing the person's religious\nbeliefs shall not be considered a negligent parent solely because of\nfailure to provide specified medical treatment for a child for that reason\nalone. This exception shall not preclude a court from ordering necessary\nmedical services for a child;\n9. Fails to make sufficient progress toward identified goals as set forth in\nthe court-approved case plan to allow for the safe return of the child to\nthe parent that results in the child remaining committed to the cabinet\nand remaining in fo ster care for fifteen (15) cumulative months out of\nforty-eight (48) months; or\n10. Commits or allows female genital mutilation as defined in KRS 508.125\nto be committed; or\n(b) A person twenty -one (21) years of age or older commits or allows to be\ncommitted an act of sexual abuse, sexual exploitation, or prostitution upon a\nchild less than sixteen (16) years of age;\n(2) \"Age or developmentally appropriate\" has the same meaning as in 42 U.S.C. sec.\n675(11);\n(3) \"Aggravated circumstances\" means the existence  of one (1) or more of the\nfollowing conditions:\n(a) The parent has not attempted or has not had contact with the child for a period\nof not less than ninety (90) days;\n(b) The parent is incarcerated and will be unavailable to care for the child for a\nperiod of at least one (1) year from the date of the child's entry into foster care\nand there is no appropriate relative placement available during this period of\ntime;\n(c) The parent has sexually abused the child and has refused available treatment;\n(d) The pa rent has been found by the cabinet to have engaged in abuse of the\nchild that required removal from the parent's home two (2) or more times in\nthe past two (2) years; or\n(e) The parent has caused the child serious physical injury;\n(4) \"Beyond the control o f parents\" means a child who has repeatedly failed to follow\nthe reasonable directives of his or her parents, legal guardian, or person exercising\ncustodial control or supervision other than a state agency, which behavior results in\ndanger to the child or others, and which behavior does not constitute behavior that\nwould warrant the filing of a petition under KRS Chapter 645;\n(5) \"Beyond the control of the school\" means any child who has been found by the\ncourt to have repeatedly violated the lawful regulat ions for the government of the\nschool as provided in KRS 158.150, and as documented in writing by the school as\na part of the school's petition or as an attachment to the school's petition. The\npetition or attachment shall describe the student's behavior a nd all intervention\nstrategies attempted by the school;\n(6) \"Boarding home\" means a privately owned and operated home for the boarding and\nlodging of individuals which is approved by the Department of Juvenile Justice or\nthe cabinet for the placement of ch ildren committed to the department or the\ncabinet;\n(7) \"Cabinet\" means the Cabinet for Health and Family Services;\n(8) \"Certified juvenile facility staff\" means individuals who meet the qualifications of,\nand who have completed a course of education and tr aining in juvenile detention\ndeveloped and approved by, the Department of Juvenile Justice after consultation\nwith other appropriate state agencies;\n(9) \"Child\" means any person who has not reached his or her eighteenth birthday,\nunless otherwise provided;\n(10) \"Child-caring facility\" means any facility or group home other than a state facility,\nDepartment of Juvenile Justice contract facility or group home, or one certified by\nan appropriate agency as operated primarily for educational or medical purposes,\nproviding residential care on a twenty-four (24) hour basis to children not related by\nblood, adoption, or marriage to the person maintaining the facility;\n(11) \"Child-placing agency\" means any agency, other than a state agency, which\nsupervises the place ment of children in foster family homes or child -caring\nfacilities or which places children for adoption;\n(12) \"Clinical treatment facility\" means a facility with more than eight (8) beds\ndesignated by the Department of Juvenile Justice or the cabinet for the treatment of\nmentally ill children. The treatment program of such facilities shall be supervised\nby a qualified mental health professional;\n(13) \"Commitment\" means an order of the court which places a child under the custodial\ncontrol or supervision of  the cabinet, Department of Juvenile Justice, or another\nfacility or agency until the child attains the age of eighteen (18) unless otherwise\nprovided by law;\n(14) \"Community-based facility\" means any nonsecure, homelike facility licensed,\noperated, or per mitted to operate by the Department of Juvenile Justice or the\ncabinet, which is located within a reasonable proximity of the child's family and\nhome community, which affords the child the opportunity, if a Kentucky resident,\nto continue family and community contact;\n(15) \"Complaint\" means a verified statement setting forth allegations in regard to the\nchild which contain sufficient facts for the formulation of a subsequent petition;\n(16) \"Court\" means the juvenile session of District Court unless a statute  specifies the\nadult session of District Court or the Circuit Court;\n(17) \"Court-designated worker\" means that organization or individual delegated by the\nAdministrative Office of the Courts for the purposes of placing children in\nalternative placements pr ior to arraignment, conducting preliminary investigations,\nand formulating, entering into, and supervising diversion agreements and\nperforming such other functions as authorized by law or court order;\n(18) \"Deadly weapon\" has the same meaning as in KRS 500.080;\n(19) \"Department\" means the Department for Community Based Services;\n(20) \"Dependent child\" means any child, other than an abused or neglected child, who is\nunder improper care, custody, control, or g uardianship that is not due to an\nintentional act of the parent, guardian, or person exercising custodial control or\nsupervision of the child;\n(21) \"Detention\" means the safe and temporary custody of a juvenile who is accused of\nconduct subject to the juri sdiction of the court who requires a restricted or closely\nsupervised environment for his or her own or the community's protection;\n(22) \"Detention hearing\" means a hearing held by a judge or trial commissioner within\ntwenty-four (24) hours, exclusive of w eekends and holidays, of the start of any\nperiod of detention prior to adjudication;\n(23) \"Diversion agreement\" means a mechanism designed to hold a child accountable\nfor his or her behavior and, if appropriate, securing services to serve the best\ninterests of the child and to provide redress for that behavior without court action\nand without the creation of a formal court record;\n(24) \"Eligible youth\" means a person who:\n(a) Is or has been committed to the cabinet as dependent, neglected, or abused;\n(b) Is eighteen (18) years of age to no older than twenty (20) years and six (6)\nmonths of age; and\n(c) Is requesting to extend or reinstate his or her commitment to the cabinet in\norder to participate in state or federal educational programs or to establish\nindependent living arrangements;\n(25) \"Emergency shelter\" is a group home, private residence, foster home, or similar\nhomelike facility which provides temporary or emergency care of children and\nadequate staff and services consistent with the needs of each child;\n(26) \"Emotional injury\" means an injury to the mental or psychological capacity or\nemotional stability of a child as evidenced by a substantial and observable\nimpairment in the child's ability to function within a normal range of performance\nand behav ior with due regard to his or her age, development, culture, and\nenvironment as testified to by a qualified mental health professional;\n(27) \"Evidence-based practices\" means policies, procedures, programs, and practices\nproven by scientific research to reliably produce reductions in recidivism;\n(28) \"Fictive kin\" means an individual who is not related by birth, adoption, or marriage\nto a child, but who has an emotionally significant relationship with the child, or an\nemotionally significant relationship wit h a biological parent, siblings, or half -\nsiblings of the child in the case of a child from birth to twelve (12) months of age,\nprior to placement;\n(29) \"Firearm\" has the same meaning as in KRS 237.060;\n(30) \"Foster family home\" means a private home in whic h children are placed for foster\nfamily care under supervision of the cabinet or a licensed child-placing agency;\n(31) \"Graduated sanction\" means any of a continuum of accountability measures,\nprograms, and sanctions, ranging from less restrictive to more restrictive in nature,\nthat may include but are not limited to:\n(a) Electronic monitoring;\n(b) Drug and alcohol screening, testing, or monitoring;\n(c) Day or evening reporting centers;\n(d) Reporting requirements;\n(e) Community service; and\n(f) Rehabilitative interventions such as family counseling, substance abuse\ntreatment, restorative justice programs, and behavioral or mental health\ntreatment;\n(32) \"Habitual runaway\" means any child who has been found by the court to have been\nabsent from his or her place of lawful residence without the permission of his or her\ncustodian for at least three (3) days during a one (1) year period;\n(33) \"Habitual truant\" means any child who is alleged to be or has been found by the\ncourt to be a habitual truant as defined in KRS 159.150(3);\n(34) \"Hospital\" means, except for purposes of KRS Chapter 645, a licensed private or\npublic facility, health care facility, or part thereof, which is approved by the cabinet\nto treat children;\n(35) \"Independent living\" means those activities necessary to assist a committed child to\nestablish independent living arrangements;\n(36) \"Informal adjustment\" means an agreement reached among the parties, with\nconsultation, but not the consent, of the victim of the crime or other persons\nspecified in KRS 610.070 if the victim chooses not to or is unable to participate,\nafter a petition has been filed, which is approved by the court, that the best interests\nof the child would be served without formal adjudication and disposition;\n(37) \"Intentionally\" means, with respect to a result or to conduct described by a statute\nwhich defines an offense, that the actor's conscious objective is to cause that result\nor to engage in that conduct;\n(38) \"Least restrictive alternative\" means, except for  purposes of KRS Chapter 645, that\nthe program developed on the child's behalf is:\n(a) No more harsh, hazardous, or intrusive than necessary;\n(b) Involves no restrictions on physical movements nor requirements for\nresidential care except as reasonably nece ssary for the protection of the child\nfrom physical injury or protection of the community; and\n(c) Conducted at the suitable available facility closest to the child's place of\nresidence to allow for appropriate family engagement;\n(39) \"Motor vehicle offens e\" means any violation of the nonfelony provisions of KRS\nChapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117;\n(40) \"Near fatality\" means an injury that, as certified by a physician, places a child in\nserious or critical condition;\n(41) \"Needs of the child\" means necessary food, clothing, health, shelter, and education;\n(42) \"Nonoffender\" means a child alleged to be dependent, neglected, or abused and\nwho has not been otherwise charged with a status or public offense;\n(43) \"Nonsecure facility \" means a facility which provides its residents access to the\nsurrounding community and which does not rely primarily on the use of physically\nrestricting construction and hardware to restrict freedom;\n(44) \"Nonsecure setting\" means a nonsecure facility or  a residential home, including a\nchild's own home, where a child may be temporarily placed pending further court\naction. Children before the court in a county that is served by a state operated\nsecure detention facility, who are in the detention custody of  the Department of\nJuvenile Justice, and who are placed in a nonsecure alternative by the Department\nof Juvenile Justice, shall be supervised by the Department of Juvenile Justice;\n(45) \"Out-of-home placement\" means a placement other than in the home of a parent,\nrelative, or guardian, in a boarding home, clinical treatment facility, community -\nbased facility, detention facility, emergency shelter, fictive kin home, foster family\nhome, hospital, nonsecure facility, physically secure facility, residential tre atment\nfacility, or youth alternative center;\n(46) \"Parent\" means the biological or adoptive mother or father of a child;\n(47) \"Person exercising custodial control or supervision\" means a person or agency that\nhas assumed the role and responsibility of a parent or guardian for the child, but that\ndoes not necessarily have legal custody of the child;\n(48) \"Petition\" means a verified statement setting forth allegations in regard to the child\nwhich initiates formal court involvement in the child's case;\n(49) \"Physical injury\" means substantial physical pain or any impairment of physical\ncondition;\n(50) \"Physically secure facility\" means a facility that relies primarily on the use of\nconstruction and hardware such as locks, bars, and fences to restrict freedom;\n(51) \"Public offense action\" means an action, excluding contempt, brought in the interest\nof a child who is accused of committing an offense under KRS Chapter 527 or a\npublic offense which, if committed by an adult, would be a crime, whether the same\nis a felony, misdemeanor, or violation, other than an action alleging that a child\nsixteen (16) years of age or older has committed a motor vehicle offense;\n(52) \"Qualified mental health professional\" means:\n(a) A physician licensed under the laws of Kentucky t o practice medicine or\nosteopathy, or a medical officer of the government of the United States while\nengaged in the performance of official duties;\n(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or\nosteopathy, or a medical offi cer of the government of the United States while\nengaged in the practice of official duties, and who is certified or eligible to\napply for certification by the American Board of Psychiatry and Neurology,\nInc.;\n(c) A psychologist with the health service pro vider designation, a psychological\npractitioner, a certified psychologist, or a psychological associate licensed\nunder the provisions of KRS Chapter 319;\n(d) A licensed registered nurse with:\n1. A master's degree in psychiatric nursing from an accredited i nstitution\nand two (2) years of clinical experience with mentally ill persons; or\n2. A bachelor's degree in nursing from an accredited institution who:\na. Is certified as a psychiatric and mental health nurse by the\nAmerican Nurses Association;\nb. Has three (3) years of inpatient or outpatient clinical experience in\npsychiatric nursing; and\nc. Is currently employed by a hospital or forensic psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general\nhospital, a private agenc y or company engaged in providing\nmental health services, or a regional comprehensive care center;\n(e) A licensed clinical social worker licensed under the provisions of KRS\n335.100, or a certified social worker licensed under the provisions of KRS\n335.080 with three (3) years of inpatient or outpatient clinical experience in\npsychiatric social work and currently employed by a hospital or forensic\npsychiatric facility licensed by the Commonwealth, a psychiatric unit of a\ngeneral hospital, a private agency o r company engaged in providing mental\nhealth services, or a regional comprehensive care center;\n(f) A marriage and family therapist licensed under the provisions of KRS\n335.300 to 335.399 with three (3) years of inpatient or outpatient clinical\nexperience in psychiatric mental health practice and currently employed by a\nhospital or forensic psychiatric facility licensed by the Commonwealth, a\npsychiatric unit of a general hospital, a private agency or company engaged in\nproviding mental health services, or a regional comprehensive care center;\n(g) A professional counselor credentialed under the provisions of KRS 335.500 to\n335.599 with three (3) years of inpatient or outpatient clinical experience in\npsychiatric mental health practice and currently employed by a hospital or\nforensic facility licensed by the Commonwealth, a psychiatric unit of a\ngeneral hospital, a private agency or company engaged in providing mental\nhealth services, or a regional comprehensive care center; or\n(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one\n(1) of the following requirements:\n1. Provides documentation that he or she has completed a psychiatric\nresidency program for physician assistants;\n2. Has completed at least one thousand (1,000) hours of clinical experience\nunder a supervising physician, as defined by KRS 311.840, who is a\npsychiatrist and is certified or eligible for certification by the American\nBoard of Psychiatry and Neurology, Inc.;\n3. Holds a master's degree from a physician assistant pro gram accredited\nby the Accreditation Review Commission on Education for the\nPhysician Assistant or its predecessor or successor agencies, is\npracticing under a supervising physician as defined by KRS 311.840,\nand:\na. Has two (2) years of clinical experienc e in the assessment,\nevaluation, and treatment of mental disorders; or\nb. Has been employed by a hospital or forensic psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general\nhospital or a private agency or company engaged in th e provision\nof mental health services or a regional community program for\nmental health and individuals with an intellectual disability for at\nleast two (2) years; or\n4. Holds a bachelor's degree, possesses a current physician assistant\ncertificate issued by the board prior to July 15, 2002, is practicing under\na supervising physician as defined by KRS 311.840, and:\na. Has three (3) years of clinical experience in the assessment,\nevaluation, and treatment of mental disorders; or\nb. Has been employed by a ho spital or forensic psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general\nhospital or a private agency or company engaged in the provision\nof mental health services or a regional community program for\nmental health and individ uals with an intellectual disability for at\nleast three (3) years;\n(53) \"Reasonable and prudent parent standard\" has the same meaning as in 42 U.S.C.\nsec. 675(10);\n(54) \"Residential treatment facility\" means a facility or group home with more than eight\n(8) beds designated by the Department of Juvenile Justice or the cabinet for the\ntreatment of children;\n(55) \"Responsive Interventions to Support and Empower team\" or \"RISE team\" means\nthe interdisciplinary team established by a school participating in the S OAR\nProgram under KRS 610.033;\n(56) \"Retain in custody\" means, after a child has been taken into custody, the continued\nholding of the child by a peace officer for a period of time not to exceed twelve (12)\nhours when authorized by the court or the court -designated worker for the purpose\nof making preliminary inquiries;\n(57) \"Risk and needs assessment\" means an actuarial tool scientifically proven to\nidentify specific factors and needs that are related to delinquent and noncriminal\nmisconduct;\n(58) \"Safety plan\" means a written agreement developed by the cabinet and agreed to by\na family that clearly describes the protective services that the cabinet will provide\nthe family in order to manage risks to a child's safety;\n(59) \"School personnel\" means those certified persons under the supervision of the local\npublic or private education agency;\n(60) \"Secretary\" means the secretary of the Cabinet for Health and Family Services;\n(61) \"Secure juvenile detention facility\" means any physically secure facility used fo r\nthe secure detention of children other than any facility in which adult prisoners are\nconfined;\n(62) \"Serious physical injury\" means physical injury which creates a substantial risk of\ndeath or which causes serious and prolonged disfigurement, prolonged impairment\nof health, or prolonged loss or impairment of the function of any bodily member or\norgan;\n(63) \"Sexual abuse\" includes but is not limited to any contacts or interactions in which\nthe parent, guardian, person in a position of authority or special trust, as those terms\nare defined in KRS 532.045, or other person having custodial control or supervision\nof the child or responsibility for his or her welfare, uses or allows, permits, or\nencourages the use of the child for the purposes of the sexual sti mulation of the\nperpetrator or another person;\n(64) \"Sexual exploitation\" includes but is not limited to a situation in which a parent,\nguardian, person in a position of authority or special trust, as those terms are\ndefined in KRS 532.045, or other person  having custodial control or supervision of\na child or responsible for his or her welfare, allows, permits, or encourages the child\nto engage in an act which constitutes prostitution under Kentucky law; or a parent,\nguardian, person in a position of author ity or special trust, as those terms are\ndefined in KRS 532.045, or other person having custodial control or supervision of\na child or responsible for his or her welfare, allows, permits, or encourages the child\nto engage in an act of obscene or pornographic photographing, filming, or depicting\nof a child as provided under Kentucky law;\n(65) \"Social service worker\"  means any employee of the cabinet or any private agency\ndesignated as such by the secretary of the cabinet or a social worker employed by a\ncounty or city who has been approved by the cabinet to provide, under its\nsupervision, services to families and children;\n(66) \"Staff secure facility for residential treatment\" means any setting which assures that\nall entrances and exits are under the exclusive control of the facility staff, and in\nwhich a child may reside for the purpose of receiving treatment;\n(67) \"Statewide reporting system\" means a system for making and compiling reports of\nchild dependency, neglect, and abuse in Kentucky made via telephone call or in\nwriting by a member of the public;\n(68) (a) \"Status offense action\" is any action brought in the i nterest of a child who is\naccused of committing acts, which if committed by an adult, would not be a\ncrime. Such behavior shall not be considered criminal or delinquent and such\nchildren shall be termed status offenders. Status offenses shall include:\n1. Beyond the control of the school or beyond the control of parents;\n2. Habitual runaway;\n3. Habitual truant; and\n4. Alcohol offenses as provided in KRS 244.085.\n(b) Status offenses shall not include violations of state or local ordinances which\nmay apply to children such as a violation of curfew;\n(69) \"Supporting Opportunities for Accountability and Restoration Program\" or \"SOAR\nProgram\" means the pilot program established under KRS 610.033;\n(70) \"Take into custody\" means the procedure by which a peace office r or other\nauthorized person initially assumes custody of a child. A child may be taken into\ncustody for a period of time not to exceed two (2) hours;\n(71) \"Transitional living support\" means all benefits to which an eligible youth is\nentitled upon being granted extended or reinstated commitment to the cabinet by the\ncourt;\n(72) \"Transition plan\" means a plan that is personalized at the direction of the youth that:\n(a) Includes specific options on housing, health insurance, education, local\nopportunities fo r mentors and continuing support services, and workforce\nsupports and employment services; and\n(b) Is as detailed as the youth may elect;\n(73) \"Valid court order\" means a court order issued by a judge to a child alleged or\nfound to be a status offender:\n(a) Who was brought before the court and made subject to the order;\n(b) Whose future conduct was regulated by the order;\n(c) Who was given written and verbal warning of the consequences of the\nviolation of the order at the time the order was issued and whose  attorney or\nparent or legal guardian was also provided with a written notice of the\nconsequences of violation of the order, which notification is reflected in the\nrecord of the court proceedings; and\n(d) Who received, before the issuance of the order, the  full due process rights\nguaranteed by the Constitution of the United States;\n(74) \"Violation\" means any offense, other than a traffic infraction, for which a sentence\nof a fine only can be imposed;\n(75) \"Youth alternative center\" means a nonsecure facilit y, approved by the Department\nof Juvenile Justice, for the detention of juveniles, both prior to adjudication and\nafter adjudication, which meets the criteria specified in KRS 15A.320; and\n(76) \"Youthful offender\" means any person regardless of age, transf erred to Circuit\nCourt under the provisions of KRS Chapter 635 or 640 and who is subsequently\nconvicted in Circuit Court.","path":["KRS Chapter 600"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57485","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"d3b0eaf7c0b7475fc63f6d812c0bdb64e8ff276714e8aa7d1e4e54f533708893","source_id":"us-ky","stale":false,"prev":"us-ky/krs-600.010","next":"us-ky/krs-600.030"},"notice":"GroundRules: Original legal text. Not legal advice."}