Charges
Caregiver Neglect Laws
Financial Exploitation Laws
Physical Abuse Laws
Sexual Abuse/Assault Laws
Statutes
Penalties
(1) Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) shall be
guilty of a Class B misdemeanor as designated in KRS 532.090. Each violation
shall constitute a separate offense.
(2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony.
(3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony.
(4) Any person who recklessly abuses or neglects an adult is guilty of a Class A
misdemeanor.
(5) Any person who knowingly exploits an adult, resulting in a total loss to the adult of
more than three hundred dollars ($300) in financial or other resources, or both, is
guilty of a Class C felony.
(6) Any person who wantonly or recklessly exploits an adult, resulting in a total loss to
the adult of more than three hundred dollars ($300) in financial or other resources,
or both, is guilty of a Class D felony.
(7) Any person who knowingly, wantonly, or recklessly exploits an adult, resulting in a
total loss to the adult of three hundred dollars ($300) or less in financial or other
resources, or both, is guilty of a Class A misdemeanor.
(8) If a defendant is sentenced under subsection (5), (6), or (7) of this section and fails
to return the victim’s property as defined in KRS 218A.405 within thirty (30) days
of an order by the sentencing court to do so, or is thirty (30) days or more
delinquent in a court-ordered payment schedule, then the defendant shall be civilly
liable to the victim of the offense or the victim’s estate for treble damages, plus
reasonable attorney fees and court costs. Any interested person or entity, as defined
in KRS 387.510, shall have standing to bring a civil action on the victim’s behalf to
enforce this section. The sentencing judge shall inform the defendant of the
provisions of this subsection at sentencing.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 43, sec. 1, effective June 8, 2011. — Amended
2005 Ky. Acts ch. 132, sec. 8, effective June 20, 2005. — Amended 1998 Ky. Acts
ch. 249, sec. 1, effective July 15, 1998; and ch. 370, sec. 5, effective July 15, 1998. —
Amended 1986 Ky. Acts ch. 56, sec. 2, effective July 15, 1986. — Created 1976 Ky.
Acts ch. 157, sec. 9
State Mandated Reporting
Kentucky
(Under Kentucky law, as predicted by district court, negligence per
se statute created a private right of action through which nursing home resident's estate could sue nursing home operator for violation of mandatory reporting requirement in Kentucky Adult Protection Act (KAPA); reporting provision was penal in nature, since it imposed criminal liability for violation of reporting requirement, and duty to report applied to long-term care facilities, including nursing homes, such that resident was within the class of persons protected by the provision. OAG 83-187. 213.200 Privileged communications—repealed a Kentucky Adult Protection Act neither requires nor permits attorney to report, contrary to client's wishes, spouse abuse inflicted upon his client. _OAG 83-367.)
Who has to report?
"Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker.
(not in Statute but current law about privilege:
The physician-patient confidentiality of under is modified in cases of suspected adult abuse. under KRS 213.200 (privileged communications – Repealed)"
When to report?
Any person having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. Death of the adult does not relieve one of the responsibility for reporting the circumstances surrounding the death.
(not in Statute but current law about privilege:
The physician-patient confidentiality of under is modified in cases of suspected adult abuse. under KRS 213.200 (privileged communications – Repealed)
How to report?
Oral or written reports shall be made immediately to the Cabinet for Health and Family Services.
Kentucky Elder Abuse Hotline:
800-752-6200
