Kentucky Statutes 194A.383 – Penalty for violation of KRS 194A.382
Current as of: 2024 | Check for updates
|
Other versions
(1) Failure to comply with KRS § 194A.382 will result in immediate suspension of the entity’s permit until compliance is obtained.
(2) If any employee, contractor, or volunteer who is a staff member is discovered to be a violent offender or has been convicted of a sex crime or a criminal offense against a minor, or has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal, he or she shall be immediately terminated from participation with the program and removed from the property.
For details, see § 532.060 and § 532.090
(3) Any person who owns or operates a youth camp or camp or a local government youth day camp that receives public funds and who knowingly allows an individual who is a staff member to serve or continue to serve as an employee, contractor, or volunteer despite a conviction or offense specified in this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 90, sec. 3, effective June 29, 2021. — Created
2017 Ky. Acts ch. 115, sec. 7, effective July 1, 2018.
(2) If any employee, contractor, or volunteer who is a staff member is discovered to be a violent offender or has been convicted of a sex crime or a criminal offense against a minor, or has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal, he or she shall be immediately terminated from participation with the program and removed from the property.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 194A.383
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 194A.005
- Conviction: A judgement of guilt against a criminal defendant.
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
(3) Any person who owns or operates a youth camp or camp or a local government youth day camp that receives public funds and who knowingly allows an individual who is a staff member to serve or continue to serve as an employee, contractor, or volunteer despite a conviction or offense specified in this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 90, sec. 3, effective June 29, 2021. — Created
2017 Ky. Acts ch. 115, sec. 7, effective July 1, 2018.