Per revised KRS 209A effective June 29, 2017, professionals in health care, school, faith, law enforcement, social services, and other sectors are required to provide resources and referrals for suspected Kentucky victims of domestic violence.
The professional requirement to inform and refer victims, outlined in HB 309, replaces the previous “Mandatory Reporting” law.
If a professional has reasonable cause to believe an adult with whom he or she has had a professional interaction has experienced domestic violence and abuse or dating violence and abuse, the professional shall provide the victim with educational materials related to domestic violence and abuse or dating violence and abuse, including the following:
- Information about how he or she may access regional domestic violence programs or rape crisis centers; and
- Information about how to access protective orders.
What about child abuse?
The law does NOT change mandatory reporting of child abuse/neglect or vulnerable adult abuse/neglect/exploitation. Per various other Kentucky statutes, any person having reasonable cause to suspect child or vulnerable adult abuse shall immediately report orally or in writing to local law enforcement, KSP, CHFS, Commonwealth Attorney, or County Attorney.
What professions are included?
The following list includes examples of professionals included in KRS 209A: Physician, osteopathic physician, coroner, medical examiner, medical resident, medical intern, chiropractor, nurse, dentist, optometrist, emergency medical technician, paramedic, licensed mental health professional, therapist, CHFS employee, child care personnel, teacher, school personnel, ordained minister or denominational equivalent, victim advocate or organization/agency employing any such professional.
What are the definitions of victim and abuse?
Abuse is defined a physical injury, serious physical injury, stalking, sexual abuse, or assault or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse or assault. A victim of domestic violence is defined as any individual who is or has been abused by a spouse, former spouse, or intimate partner with whom they live or have lived, or have a child in common. A victim of dating violence is defined as any individual who is or has been abused by a dating partner (dating relationship is defined as one of a romantic or intimate nature).
What information should I provide to victims?
Help is Here is a brochure published by the Kentucky Coalitions Against Domestic Violence (KCADV) that meets legal requirements for information and referral. Printable files are available at this link.
Where can I find more professional training information?
The Kentucky Coalition Against Domestic Violence (KCADV) maintains a clearinghouse of KRS 209A resources. Here are links to a few resources available:
The following training resources from Carol E. Jordan, Executive Director, University of Kentucky Office for Policy Studies on Violence Against Women, also are available from the KCADV website:
- Domestic Violence and Dating Violence Education and Referral Act Comparison Chart (pdf)
- Domestic Violence and Dating Violence Education and Referral Handout (pdf)
Who supported the change in law?
Sen. Ralph Alvarado – Clark, Fayette and Montgomery counties (sponsor)
Rep. Melinda Prunty – Hopkins and Muhlenburg Counties (sponsor)
Cabinet for Health & Family Services’ Department for Community-Based Services
Homeless & Housing Coalition of Kentucky
Kentucky Association of Criminal Defense Lawyers
Kentucky Association of Sexual Assault Programs
Kentucky Coalition Against Domestic Violence
Kentucky Coalition of Nurse Practitioners and Nurse Midwives
Kentucky Commonwealth Attorneys Association
Kentucky County Attorneys Association
Kentucky Equal Justice Center
Kentucky Justice and Public Safety Cabinet
Kentucky Medical Association
Kentucky Mental Health Coalition
Kentucky Psychological Association
Kentucky Voices for Health
Kentucky Youth Advocates
National Alliance on Mental Illness Kentucky
Prevent Child Abuse Kentucky