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 reasonable performance of their duties in good faith, and within the scope of their authority, shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or investigation and such immunity shall apply to those who render protective services in good faith pursuant either to the consent of the adult or to court order.
Effective: July 15, 1980

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Terms Used In Kentucky Statutes 209.050

  • Adult: means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. See Kentucky Statutes 209.020
  • Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
  • Court: means the Circuit Court or the District Court if no judge of that Circuit
    Court is present in the county. See Kentucky Statutes 209.020
  • Emergency: means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others. See Kentucky Statutes 209.020
  • Investigation: shall include but is not limited to:
    (a) A personal interview with the individual reported to be abused, neglected, or exploited. See Kentucky Statutes 209.020
  • Protective services: means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Kentucky Statutes 209.020
  • Statute: A law passed by a legislature.

History: Amended 1980 Ky. Acts ch. 372, sec. 9, effective July 15, 1980. — Created
1976 Ky. Acts ch. 157, sec. 6.
Legislative Research Commission Note (11/9/93). A prior reference to the “department” in this statute was changed to “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec.
50(5), and KRS § 7.136(2).