Kentucky Statutes 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 part in interviewing the adult alleged to have been abused, neglected, or exploited, and shall inform the adult about the proceedings throughout the case.
(3) If adequate personnel are available, Commonwealth’s attorneys and county attorneys shall provide for an arrangement that allows one (1) lead prosecutor to handle the case from inception to completion to reduce the number of persons involved with the adult victim.
(4) Commonwealth’s attorneys, county attorneys, cabinet representatives, and other members of multidisciplinary teams shall minimize the involvement of the adult in legal proceedings, avoiding appearances at preliminary hearings, grand jury hearings, and other proceedings when possible.
(5) Commonwealth’s attorneys, county attorneys, and victim advocates employed by Commonwealth’s attorneys or county attorneys shall make appropriate referrals for counseling, private legal services, and other appropriate services to ensure the future protection of the adult when a decision is made not to prosecute the case. The Commonwealth’s attorney or county attorney shall explain the decision not to prosecute to the family or guardian, as appropriate, and to the adult victim.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 132, sec. 7, effective June 20, 2005.
(2) Commonwealth’s attorneys and county attorneys, or their assistants, shall take an active part in interviewing the adult alleged to have been abused, neglected, or exploited, and shall inform the adult about the proceedings throughout the case.
Terms Used In Kentucky Statutes 209.180
- Abuse: means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. See Kentucky Statutes 209.020
- 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
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- Exploitation: means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. See Kentucky Statutes 209.020
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Neglect: means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. See Kentucky Statutes 209.020
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(3) If adequate personnel are available, Commonwealth’s attorneys and county attorneys shall provide for an arrangement that allows one (1) lead prosecutor to handle the case from inception to completion to reduce the number of persons involved with the adult victim.
(4) Commonwealth’s attorneys, county attorneys, cabinet representatives, and other members of multidisciplinary teams shall minimize the involvement of the adult in legal proceedings, avoiding appearances at preliminary hearings, grand jury hearings, and other proceedings when possible.
(5) Commonwealth’s attorneys, county attorneys, and victim advocates employed by Commonwealth’s attorneys or county attorneys shall make appropriate referrals for counseling, private legal services, and other appropriate services to ensure the future protection of the adult when a decision is made not to prosecute the case. The Commonwealth’s attorney or county attorney shall explain the decision not to prosecute to the family or guardian, as appropriate, and to the adult victim.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 132, sec. 7, effective June 20, 2005.