The County Attorney’s Office represents the Commonwealth in juvenile dependency, neglect, and abuse (DNA) cases. These cases are confidential and are civil, not criminal, in nature. The Boone County Family Court has jurisdiction over these cases and matters.

 

Abused or Neglected Child (KRS 600.020(1))

 
A child whose health or welfare is harmed or threatened with harm when:

  1. His/her parent, guardian, person in a position of authority or special trust, or other person exercising custodial control or supervision of the child:
    1. Inflicts/allows to be inflicted upon the child physical or emotional injury other than by accidental means;
    2. Creates or allows to be created a risk of physical or emotional injury by other than accidental means;
    3. Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child, including but not limited to parental incapacity due to a substance use disorder;
    4. Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the child’s age;
    5. Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
    6. Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
    7. Abandons or exploits the child;
    8. Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child’s well-being when financially able to do so or offered financial or other means to do so. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person’s religious beliefs shall not be considered negligent solely because of failure to provide specified medical treatment for a child for that reason alone.
    9. Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results int eh child remaining committed to the cabinet and remaining in foster care for fifteen (15) cumulative months out of forty-eight (48) months; or
    10. Commits or allows female genital mutilation to be committed;

     

  2. A person twenty-one (21) years of age or older commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon a child less than sixteen (16) years of age.

 

Dependent child (KRS 600.020(20))

Any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child.

 

A DNA action is commenced with the filing of a Dependency/Neglect or Abuse Petition. If appropriate, the Cabinet for Health and Family Services will become involved with the family to investigate allegations of dependency, abuse, or neglect. Once a DNA action has begun, the Court will hold a hearing to decide whether to issue temporary custody orders requiring removal of a child from the home and placement with another family member or foster care. An adjudication hearing will later be held to determine the truth or falsity of the allegations. At the adjudication hearing, parents/guardians are afforded the right to respond to the allegations in the petition and address whether the temporary removal of the child was justified. All parties are represented by counsel in the proceedings.

Depending on the nature of the allegations, a criminal action against the individual alleged to have abused or neglected a child may run concurrent with a DNA action. This would take place in District or Circuit Court.

The court’s final disposition may be a return of the child to the home, a continuation of temporary custody, foster care, or even a termination of parental rights. If the child is returned to the home, other protective actions may be required, including the provision of medical, educational, counseling, social work, day care and or homemaking services.

The purpose of Dependency, Neglect, and Abuse cases is to ensure the safety and wellbeing of children. Among the many goals of these cases are to provide children with appropriate placements, parents, or caregivers, along with treatment, education, and other services, with the ultimate goal of reunifying families.

Any individual who knows or has reasonable cause to believe that a child is being neglected, abused or otherwise mistreated has a duty to report it to local law enforcement, the Kentucky State Police, the Cabinet for Health and Family Services, the Commonwealth’s Attorney, or the County Attorney. An anonymous report can also be made via the Child Abuse Hotline, which is (877) 597-2331.

For more information, see: https://www.chfs.ky.gov/agencies/dcbs/dpp/cpb/Pages/default.aspx.