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Breathitt County Attorney
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COUNTY ATTORNEY CORNER APRIL IS CHILD ABUSE AWARENESS MONTH PROTECT CHILDREN BY REPORTING CHILD ABUSE 4-6-04
April has been designated as Child Abuse Awareness Month. This designation has been proclaimed so that the public is made aware of the very real problem of child abuse. It is simply horrific when a child is not cared for correctly, and the problem is becoming more and more prevalent daily. The children are the true victims of our current drug problem here in Eastern Kentucky. The numbers of children either not being appropriately cared for or not even living in their parents home because their parents are on drugs is growing everyday.
It is the responsibility of the Department of Community Based Services Protection and Permanency (CBS) to investigate, and my office to prosecute those cases, and protect that health and well-being of those children whom can not protect themselves. The Breathitt County Community Based Services office received 516 reports of abuse in 2003, and worked each of those reports. 57 of those reports were substantiated and either brought to District Court, or handled by CBS without court action. Our office here in Breathitt County does an excellent job protecting children and working all reports, even with the small staff that they have.
There are numerous factors considered when determining what is child abuse and neglect, including the background of the family and overall environment of the child’s situation. Kentucky law contains definitions of what constitutes an abused or neglected child, and a dependent child, which must be utilized in determining whether investigation is appropriate by the Department of Community Based Services, or prosecution by my office. It is important to note that in order for CBS to investigate, the person who is the perpetrator of abuse or neglect must be the parent of guardian of have some type of supervisory responsibility for the child. This can include a babysitter, school teacher, or day care center in addition to the normally thought of perpetrator of a parent. In order to for CBS to act, there must be a legal basis for acting, and that basis must come from the definitions contained in KRS 600.020, as follows:
(1) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child:
(a) Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in this section by other than accidental means;
(b) Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means;
(c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005(12);
(d) Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child;
(e) Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
(f) Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
(g) Abandons or exploits the child; or
(h) Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child's well-being.
A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
(i) Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months;
(19) "Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child;
When a case comes to Court, the child is found to be either abused/neglected, or dependent based upon those definitions. Generally, an abused child is one damaged by an intentional act, while a neglected child is one damaged by intentional failure to act, and a dependent child in one damaged by an unintentional act or failure to act of a caregiver.
Anyone who has reason to believe a child is being abused, neglected, or is dependent, MUST contact the authorities to report their beliefs, and certain professionals are specifically mandated to report. KRS 620.030 states:
(1) Any person who knows or has reasonable cause to believe that a child is dependent, neglected or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. . . . Nothing in this section shall relieve individuals of their obligations to report.
(2) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer or any organization or agency for any of the above, who knows or has reasonable cause to believe that a child is dependent, neglected or abused, regardless of whether the person believed to have caused the dependency, neglect or abuse is a parent, guardian, person exercising custodial control or supervision or another person, or who has attended such child as a part of his professional duties shall, if requested, in addition to the report required in subsection (1) of this section, file with the local law enforcement agency or the Kentucky State Police or the Commonwealth's or county attorney, the cabinet or its designated representative within forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the child and his parents or other persons exercising custodial control or supervision;
(b) The child's age;
(c) The nature and extent of the child's alleged dependency, neglect or abuse (including any previous charges of dependency, neglect or abuse) to this child or his siblings;
(d) The name and address of the person allegedly responsible for the abuse or neglect; and
(e) Any other information that the person making the report believes may be helpful in the furtherance of the purpose of this section.
Anyone who fails to report child mistreatment is subject to criminal prosecution and could receive up to 90 days in jail. Anyone who does report abuse while acting in good faith is immune from civil or criminal liability pursuant to KRS 620.050(1).
If you are in doubt if what you see or know is child abuse, you should report what you see. I recommend that everyone take the safe position when dealing with the health and well being of a child. To report abuse please call either CBS at 666-7506; Jackson Police Department at 666-2424; Kentucky State Police (606) 435-6069; or the County Attorney’s Office at 666-3800.
Thank you for helping us protect our children.