Who are my representatives?: To obtain a list of senators and representatives by name, district, and county:
www.lrc.state.ky.us/whoswho/2003cnty.htm

Who is on which committee?: For a list of Leadership & Standing Committees:
www.lrc.state.ky.us/org_adm/committe/standcom.htm

To find out information regarding the Legislative Calendar:
www.lrc.state.ky.us/pubinfo/emailcal.htm

To obtain information regarding the current status of a bill:
www.lrc.state.ky.us/record/04rs/record.htm

Spanish Language Information Line
1-877-864-0202

Contact Information:
Senator/Representative
Legislative Offices
Capitol Annex
Frankfort, KY 40601
Message Line: 800-372-7181
Switchboard: 502-564-8100
Fax: 502-564-6543
Web site: www.lrc.state.ky.us

Please be aware of issues before the Kentucky legislature right now which are related to Mothers and Babies. Below are WEB sites which you might be interested in visiting along with a few bills of interest.

List of senators and representatives by name, district, and county:
www.lrc.state.ky.us/whoswho/2003cnty.htm

Leadership & Standing Committees:
www.lrc.state.ky.us/org_adm/committe/standcom.htm

Legislative Calendar:
www.lrc.state.ky.us/pubinfo/emailcal.htm

Bill Status Information:
www.lrc.state.ky.us/record/04rs/record.htm

HB 136/LM/CI (BR 818) - R. Henderson
AN ACT relating to substance endangerment of a child prior to birth. Create a new section of KRS Chapter 530 relating to family offenses, to create the crime of substance endangerment of a child prior to birth when a mother's use of alcohol or controlled substances prior to birth results in the birth of a child with substance abuse problems or serious physical injury.
(Prefiled by the sponsor(s).) Jan 5-introduced in House; to Judiciary (H)

Health and Welfare

Background - The Cabinet for Health and Family Services reports that 57 percent of the 10,784 substantiated findings of child abuse and neglect in fiscal year 2009 involved some type of substance abuse
(Commonwealth of Kentucky). Parental substance abuse, however, does not mark the beginning of social worker involvement with families. Often, that involvement begins as a result of the effects of parental substance abuse, such as domestic violence, mental health issues, and income issues. Substance abusing adults can display a range of confusing behaviors that can lead to emotional and physical manifestations as children develop (Phoenix House). A definition of child abuse and neglect that more specifically includes provisions related to illegal substance abuse in a child’s home may permit the Cabinet for Health and Family Services to provide needed treatment and services for the family before negative outcomes for children begin.
The definition of child abuse and neglect that is used by the Cabinet for Health and Family Services to determine the need for an investigation and the need for family services is found in the Juvenile Code in KRS 600.020(1). This definition includes “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 alcohol and other drug abuse as defined in KRS 222.005.” The definition describes a dysfunctional use of alcohol or other drugs or both but does not specifically address abuse in relationship to a dependent child. Some states have modified their definitions of child abuse and neglect to specifically address three situations involving illegal
substance abuse: children living or present where methamphetamine is manufactured, substance abuse during pregnancy, and parents or guardians that give illegal drugs to their children. In 2007, Kentucky had 261 meth lab incidents and 32 children affected by methamphetamine laboratory sites. In 2006, there were 1,188 methamphetamine convictions in Kentucky (United States). These incidents have sparked awareness of the physical, social, and developmental damage suffered by children living around home-based methamphetamine laboratories (Swetlow). When a lab is discovered, children are removed from the home by the cabinet. The state can incur substantial costs in caring for children. In addition, states often must pay to clean up these meth labs, which can be as high as $70,000 (Foulkes). Statistics show that in 2002 and 2003, 4.3 percent of pregnant women had used an illicit drug in the past month (National Survey). Prenatal injuries are another result of exposure to drugs; 1 of every 10 children suffers exposure to illegal drugs (Besharov). Prenatal exposure can lead to significant problems such as increased risk of fetal death, placental abruption, decreased blood flow to the fetus, and premature delivery (University of Kentucky). Children could face birth defects stemming from drugs passing through the placenta and suffer withdrawal symptoms, including seizures. Prenatal exposure to illegal substances has a fiscal impact on states. Each drug-exposed newborn can cost a state as much as $50,000 in the first year of life. The lifetime costs can run as high as $1 million. Washington, D.C., spends $5.9 million each year to treat drug-exposed infants (Cruz). Children living in homes where an adult uses illegal substances may be as high as 13 percent (Markel). The exact number of parents who make illegal substances available to their children is unknown. Under current Kentucky law, the actions of these guardians would not specifically fall under any definitions of child abuse. KRS 600.020 defines an abused or neglected child as one who has a parent who engages in conduct that prevents the parent from “caring for the immediate and ongoing needs of the child.” Theoretically, parents who permit or teach their children to use
illegal substances could still retain the ability to care for the immediate and ongoing needs of their children.
Discussion: States have attempted various methods of combating the above problems with varying degrees of success. States have taken numerous initiatives in recent years to combat the presence of children at home-based methamphetamine labs. At least 10 states classify manufacturing meth in the presence of a child or on the premises occupied by a child as child abuse. Additional definitions include allowing children to be present where the chemicals or equipment for illegal substance production are stored (U.S. Dept.). Kentucky has criminalized controlled substance endangerment of a child, including exposure of a child to methamphetamine manufacturing, but this is not in the statutory definition of child abuse and neglect. States have enacted a variety of reforms and initiatives to combat fetal exposure to illegal substances. Medical professionals in several states, including Kentucky, must conduct toxicology tests of pregnant women when illegal substance abuse is suspected (National Abandoned). KRS 214.160 requires a positive toxicology finding to be evaluated by attending health care provider to determine whether an investigation of abuse and neglect by the cabinet is necessary.

Additional actions that states have taken include expanding the definition of abuse and neglect to include prenatal exposure to illegal substances. At least 15 states and the District of Columbia have classified prenatal exposure as child abuse (Guttmacher). The mother, by taking illegal substances, has shown an inability to provide sufficient care for the child (Cruz). In these situations, however, the state’s authority to protect begins after birth and results in the child being removed from the mother’s care. Some states have also pursued criminalization and involuntary hospitalization of pregnant substance abusers. Three states— Minnesota, South
Dakota, and Wisconsin—allow for involuntary hospitalization in inpatient treatment programs when a substance abuser is pregnant and tests positive for controlled substances (Guttmacher).

Criticisms of these laws concern the impact on the behaviors of expectant mothers. Many mothers may avoid seeking prenatal care if they are concerned about criminal charges or involuntary hospitalizations, which and can create other problems for their unborn children. South Carolina, the only state to criminalize prenatal exposure, saw declines in admissions of 80 percent and 54 percent, respectively, in two treatment centers for pregnant women the first year that it began to prosecute these cases. Infant mortality also increased for the first time in a decade, and there was a 20 percent increase in abandoned babies (Cruz). Involuntary hospitalizations and changes in child abuse laws may cause similar effects. Another criticism could be that these laws and initiatives ignore the improvements in treatment programs and the possibility that the mother could voluntarily complete a program and become an effective parent. Proponents could point to the usefulness of the ability to commit a mother who cannot overcome her addictions and is a danger to her child (Cruz). Arkansas, Ohio, Florida, Guam, Hawaii, Illinois, Minnesota, and Texas have laws that classify giving drugs by guardians to their wards as child abuse (United States). The language used in these states classifies “selling, distributing, or giving drugs to a child” as child abuse. Under such a statute, Kentucky parents who are currently providing or teaching their children to use drugs could be subject to a child abuse and neglect investigation by the Cabinet for Health and Family Services. If Kentucky amends the definition of child abuse and neglect under KRS 600.020 to include specific provisions related to child exposure to methamphetamine, prenatal exposure to illegal substances, and providing children with illegal substances, the Cabinet for Health and Family Services may be able to intervene earlier to provide families with needed treatments and services. The negative effects on children may be abated if families receive help early and children may be more likely to remain with their parents. This may result in a lower number of children in foster care and less cost to the state. However, one possible drawback for expanding the Juvenile Code in this way is that the language of KRS 600.020 does allow for courts to expand the definition of abuse and neglect by finding that the current definition already includes the addressed behaviors. For example, a court could apply the language already in the statute to permit a finding that parents who are abusing illegal substances in the presence of their children are “incapable of caring for the immediate and ongoing needs of their children” (KRS 600.020(1)(c)). Some argue that expanding the definition of abuse and neglect would give social workers too broad of an authority to remove children from their homes, which would create an increased financial burden for the state and violate parental rights. Also, by taking more children out of their homes, a greater strain on state courts and the foster care system could result. Finally, some may point out that the best way to proceed against parents who use illegal substances is through the criminal courts and that expanding the child abuse statutes in this way would be redundant.

HB 218/FN (BR 1101) - K. Flood, T. Riner
AN ACT relating to breast-feeding. Amend KRS 211.990 to establish a fine of $500 for the first offense and $1,000 for each subsequent penalty for any person who violates any provision of KRS 211.755, which establishes that breast-feeding is permitted by a mother in any location, public or private, where the mother is otherwise authorized to be.
Jan 7-introduced in House Jan 11-to Health & Welfare (H)

HB 73/LM/CI (BR 262) - M. Denham, D. Owens
AN ACT relating to domestic violence. Amend KRS 403.725 to prohibit joint mediation, conciliation, or counseling requirements within an emergency protective order or a domestic violence order; amend KRS 403.740 to allow an emergency protective order to remain in effect until the domestic violence hearing, with only the summons needing to be reissued in the event of a lack of service upon the adverse party; amend KRS 403.750 to require counseling in all cases for persons against whom a domestic violence order is entered; amend KRS 403.7505 to recognize batterer intervention services within the scope of certifies counseling services; amend KRS 403.763 to increase the penalty for a third or subsequent violation of an emergency protective order or a domestic violence order to a Class D felony; create a new section of KRS Chapter 511 to create the crime of domestic violence shelter trespass.
(Prefiled by the sponsor(s).) Nov 4-To: Interim Joint Committee on Judiciary Jan 5-introduced in House; to Judiciary (H)

SR 8 (BR 371) - D. Boswell Urge public health and health-care professionals and entities to take an active role in raising awareness and educating Kentucky citizens about Spinal Muscular Atrophy.
(Prefiled by the sponsor(s).) Jan 5-introduced in Senate Jan 6-to Health & Welfare (S)

HCR 43 (BR 483) - A. Koenig, D. Floyd Honor pregnancy resource centers; encourage Congress to grant centers assistance for medical equipment and abstinence education.
Jan 7-introduced in House Jan 11-to Health & Welfare (H)

HB 190 (BR 854) - C. Rollins II
AN ACT relating to preschool education grants and making an appropriation therefor. Create new sections of KRS Chapter 157 to establish the Strong Start Kentucky Program as a grant program administered by the Early Childhood Development Authority to develop collaborative models of preschool education for unserved three-and-four year-old children living at or below 200 percent of the federal poverty level; require collaboration among all community providers; require administrative regulations to define the eligible applicants; require the authority to study the long-term need and projected cost of serving all three-and four-year-old children by the 2014-2015 school year and report its findings to the Legislative Research Commission prior to January 1, 2011; establish the strong start kentucky restricted fund to be administered by the Early Childhood Development Authority to allot grants to provide collaborative models of community-based preschool for unserved children.
Jan 5-introduced in House Jan 6-to Education (H)

SB 91 (BR 1249) - J. Carroll
AN ACT relating to preschool. Amend KRS 157.226 relating to preschool for children with disabilities to fund the program based on the average of a child-count taken on December 1 and March 1 of the prior year; remove the negative adjustment for programs that lose enrollment.
Jan 15-introduced in Senate

HB 260. An ACT relating to the Kentucky Early Intervention System (T. Burch)
Amend KRS 200.654 to add definitions of "assessment," "developmental delay," "diagnosed physical or mental condition that has a high probability of resulting in developmental delay or established risk diagnosis," "evaluation," "infant and toddlers with disabilities," and "service coordination"; add informed clinical opinion to the diagnostic instruments and procedures that may be used to determine eligibility of infants and toddlers with disabilities; amend KRS 200.658 to require the interagency coordinating council to review administrative regulations related to the early intervention system; amend KRS 200.660 to require input by the district committee in identifying a local point of entry; require the cabinet to submit proposed administrative regulations to the interagency coordinating council for review and recommendations; require the cabinet to prepare and make available written policy procedures and implementation plans when administrative regulations are promulgated; require the cabinet to comply with federal statutes and regulations related to the early intervention system; require the cabinet to consult with appropriate agencies to maintain effective and efficient best practice policy standards; require the recruiting and hiring of appropriately and adequately trained personnel; amend KRS 200.664 to comply with requirements in federal law for the individualized family services plan, including statements of major outcomes expected, child and family needs, specific services to be provided, funding, dates of services, name of service coordinator, and transition services; clarify periodic review and annual review procedures and requirements, including the need for repeated evaluation procedures.

AMENDMENTS

HCS - Retain original provisions except amend developmental delay; add required annual report; amend periodic review and annual review requirements; require that program expenditures not exceed designated amount in the budget.

HFA (1, T. Burch) - Retain original provisions except make technical corrections; add that eligibility for services be the lowest priority for cutting services; add a requirement for the Division of Early Childhood Development to convene a work group by July 15, 2004 to make recommendations to the cabinet regarding the use of informed clinical opinion, recommended practice and service delivery, professional development and training, and measures for cost cutting and to submit a report by October 1, 2004; and require the cabinet to promulgate administrative regulations as recommended by the work group report.

Jan 13-introduced in House
Jan 14-to Health and Welfare (H)
Jan 20-posted in committee
Jan 29-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 30-2nd reading, to Rules
Feb 3-posted for passage in the Regular Orders of the Day for Wed., February 4, 2004
Feb 10-floor amendment (1) filed to Committee Substitute
Feb 11-3rd reading, passed 95-0 with Committee Substitute, floor amendment (1)
Feb 12-received in Senate
Feb 18-to Health and Welfare (S)

HB 93. AN ACT related to child safety (K. Stein, M. Marzian)

Amend KRS 189.125, relating to the state's mandatory seat belt law, to require all drivers transporting children between 40 inches and 4 feet, 9 inches in height, and weighing less than 80 pounds, to have the children secured in a child booster seat that meets federal safety standards; make violations for failure to have a child in a child booster seat a primary offense.

Jan 6-introduced in House; to Transportation (H)

Feb 10-posted in committee

If you have any topics of interest related to legislative actions in progress, please e-mail jwdkpa@bellsouth.net.