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Child abuse reporting statutes.
Adult abuse reporting statutes.
When to Report
There are mandatory reporting laws in the state of Kentucky for any crime committed against a person under the age of 18, all cases of domestic violence, and cases of abuse and neglect of persons over the age of 18 who are physically or mentally challenged. If you receive information regarding someone in one of these categories who has been sexually assaulted, or in any other way abused or neglected, you are legally obligated to report the incident to the Department of Community Based Services or law enforcement.
What to Report
The following definitions should only be used as a guide as relating to sexual assault. Any suspected abuse or maltreatment that does not fall under these definitions (i.e. physical, emotional, verbal, medical, etc.) must also be reported.
Regarding Children
Sexual Abuse and Sexual Exploitation refer to contacts or interaction in which the perpetrator uses or allows, permits or encourages the use of the child for the purpose of sexual stimulation of the perpetrator or another person.
Sexual exploitation refers specifically to acts which constitute child pornography and prostitution.
Sexual abuse can include a wide range of behavior such as
Genital exposure
Fondling
Masturbation of child victim
Fellatio/Cunnilingus
Penetration of vagina or anus
Regarding Adults
Abuse or neglect means the infliction of physical pain, injury, or mental injury, or the deprivation of services by a caretaker which are necessary to maintain the health and welfare of an adult, or a situation in which a person inflicts physical pain or injury upon a spouse or deprives a spouse of reasonable services necessary to maintain the health and welfare of his spouse. This includes sexual assault.
Exploitation means the improper use of an adult or an adult's resources by a caretaker or other person for the profit or advantage of the caretaker or the other person.
Who to Call
Community Bases Services at 1-800-752-6200. This number can also refer to local Community Based Services offices or other appropriate agencies as needed.
Your local law enforcement when the parent/guardian or spouse is not the reported abuser.
If the child or adult is in immediate danger, call your local law enforcement.
Even if you are told that the matter has already been reported, applaud that action and state that you, too, must call in order to legally cover yourself. Duplicate calls will not hurt anyone. The procedure will make sure that the person gets the help that they need.
General Notes on Mandatory Reporting
If in doubt, it is always better to call and talk with the trained professionals about what has come to your attention.
Privileged relationships are not grounds for excluding evidence. Neither the husband-wife nor any professional-client privilege, except lawyer-client and clergy-penitent privilege, shall be ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected or abused child/adult. [KRS 209.060, KRS 620.050(2)]
Persons acting upon reasonable cause in the reporting of known or suspected adult/child abuse, neglect, or exploitation are immune from civil and criminal liability. This immunity exists with respect to the reporting, the investigation, and any judicial proceedings resulting from the report [KRS 209.050, KRS 620.050(1)]
The source of a report of abuse, neglect or exploitation is kept confidential unless it is ordered released by a court order [KRS 209.140]
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