Kentucky Statutes 620.023 – Evidence to be considered in determining the best interest of a child
Current as of: 2024 | Check for updates
|
Other versions
(1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child:
(a) Mental illness as defined in KRS § 202A.011 or an intellectual disability as defined in KRS § 202B.010 of the parent, as attested to by a qualified mental health professional, which renders the parent unable to care for the immediate and ongoing needs of the child;
(b) Acts of abuse or neglect as defined in KRS § 600.020 toward any child;
(c) Substance use disorder, as defined in KRS § 222.005, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child;
(d) A finding of domestic violence and abuse as defined in KRS § 403.720, whether or not committed in the presence of the child;
(e) Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent’s family or household; and
(f) The existence of any guardianship or conservatorship of the parent pursuant to a determination of disability or partial disability as made under KRS § 387.500 to KRS § 387.770 and 387.990.
(2) In determining the best interest of the child, the court may consider the effectiveness of rehabilitative efforts made by the parent or caretaker intended to address circumstances in this section.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 30, effective June 27, 2019. — Amended
2012 Ky. Acts ch. 146, sec. 140, effective July 12, 2012. — Amended 2004 Ky. Acts ch. 116, sec. 18, effective July 13, 2004. — Created 1998 Ky. Acts ch. 57, sec. 7, effective March 17, 1998.
(a) Mental illness as defined in KRS § 202A.011 or an intellectual disability as defined in KRS § 202B.010 of the parent, as attested to by a qualified mental health professional, which renders the parent unable to care for the immediate and ongoing needs of the child;
Terms Used In Kentucky Statutes 620.023
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Acts of abuse or neglect as defined in KRS § 600.020 toward any child;
(c) Substance use disorder, as defined in KRS § 222.005, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child;
(d) A finding of domestic violence and abuse as defined in KRS § 403.720, whether or not committed in the presence of the child;
(e) Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent’s family or household; and
(f) The existence of any guardianship or conservatorship of the parent pursuant to a determination of disability or partial disability as made under KRS § 387.500 to KRS § 387.770 and 387.990.
(2) In determining the best interest of the child, the court may consider the effectiveness of rehabilitative efforts made by the parent or caretaker intended to address circumstances in this section.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 30, effective June 27, 2019. — Amended
2012 Ky. Acts ch. 146, sec. 140, effective July 12, 2012. — Amended 2004 Ky. Acts ch. 116, sec. 18, effective July 13, 2004. — Created 1998 Ky. Acts ch. 57, sec. 7, effective March 17, 1998.