Title XVII, Economic Security and Public Welfare
31 chapters · 957 sections in this title.
KRS § 209.005 Elder Abuse Committee -- Membership -- Duties -- Annual report
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(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 C…
KRS § 209.010 Purpose and application of chapter
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(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 sh…
KRS § 209.020 Definitions for chapter
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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…
KRS § 209.030 Administrative regulations -- Reports of adult abuse, neglect, or exploitation -- Cabinet actions -- Status and disposition reports
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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 investigat…
KRS § 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
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substantiated finding of adult abuse, neglect, or exploitation -- Administrative regulations -- Central registry of substantiated findings. (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 pr…
KRS § 209.035 Cabinet's authority to promulgate administrative regulations on general adult services
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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.
KRS § 209.040 Remedies -- Injunctive relief
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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.
KRS § 209.050 Immunity from civil or criminal liability
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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 reason…
KRS § 209.060 Privileged relationships not ground for excluding evidence
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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.
KRS § 209.080 Title
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This chapter may be cited as the Kentucky Adult Protection Act.
KRS § 209.090 Legislative intent
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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. T…
KRS § 209.100 Emergency protective services
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(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 e…
KRS § 209.110 Petition -- Guardian ad litem -- Summons -- Notice -- Hearing -- Report to court -- Fee
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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…
KRS § 209.115 Disqualification from serving in fiduciary capacity for felony conviction under KRS Chapter 209
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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, …
KRS § 209.120 Findings by court -- Limitations of court's power -- Termination of order
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(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 …
KRS § 209.130 Ex parte order of court -- Implementation
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(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 inc…
KRS § 209.140 Confidentiality of information
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(1) 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: (a) Persons suspected of abuse or neglect or exploitation, provided that in such cases name…
KRS § 209.150 Who may make criminal complaint
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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…
KRS § 209.170 Staffing requirements
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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.
KRS § 209.180 Prosecution of adult abuse, neglect, and exploitation
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(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 …
KRS § 209.190 Prosecutor's manual
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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…
KRS § 209.195 Electronic development of and access to educational and training courses and materials
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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…
KRS § 209.500 Kentucky Senior Games Program
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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…
KRS § 209.550 Definitions for KRS 209.550 to 209.554
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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 tha…
KRS § 209.552 Immunization against pneumococcal disease and influenza -- Documentation -- Immunization of employees
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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 req…
KRS § 209.554 Administrative regulations -- Educational literature -- Information available on request
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available on request. (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 inf…
KRS § 209.990 Penalties
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(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 f…