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Kentucky

KRS 620.030Kentucky Child Abuse and Neglect Reporting Duty

Clergy named as mandatory reporter?
No
Confessional exemption?
Yes
Statute
KRS 620.030
Clergy named
All-person
Pending

Kentucky's child-abuse reporting law says what looks like the right thing: any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused must report immediately. No professional list. No carve-outs in the duty itself. KRS 620.030(1) reaches clergy in the same breath it reaches teachers, doctors, and neighbors. Then subsection (5) speaks. It preserves the attorney-client and clergy-penitent privileges as the only two exceptions to the otherwise comprehensive override of professional privilege. Every other professional relationship (doctor-patient, therapist-client, husband and wife) loses privilege protection when child abuse is at stake. Clergy and lawyers alone retain it. The statute that could have closed the door leaves it open, in writing. What that means in practice: a Kentucky clergy member who hears about child abuse in ordinary conversation must report. The same clergy member who hears the same information inside a confidential pastoral communication may lawfully stay silent. The line between those two settings is the one the institution gets to draw. Kentucky Rules of Evidence 505 defines the privilege broadly: covering any minister, priest, rabbi, or similar religious functionary, and any communication made privately and not intended for further disclosure. The structural latitude is wide. Kentucky does impose real criminal consequences for willful non-reporting: a Class B misdemeanor on a first offense, Class A on a second, and a Class D felony for each subsequent violation. The state Attorney General's office characterizes the duty as universal for every adult Kentuckian. Courts have confirmed that the duty is independent: reporting to a supervisor does not discharge it. The enforcement floor is genuine. What UCO tracks here is the preserved privilege carveout at the center of an otherwise strong statute. Kentucky is one of dozens of states where the law sounds comprehensive and the exception does the real work. Removing that single preserved privilege is the reform UCO presses for here, and in every state whose statute reads strong until you reach the carveout.

Section 01What needs to change

What needs to change in Kentucky.

  • KRS 620.030(1): all-person reporting duty with no clergy enumeration

    KRS 620.030(1) imposes the reporting duty on 'any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused.' Subsection (2) lists example professional categories with 'including but not limited to' language, making clear the list is illustrative rather than exhaustive. The Child Welfare Information Gateway classifies Kentucky among the states that do not enumerate clergy specifically — clergy fall under the catch-all 'any person' provision rather than a named-reporter list. The Kentucky Attorney General's office confirms the all-person reach, stating that 'every adult Kentuckian has a legal duty to report any instance of child abuse to local law enforcement.'

    View source ↗
  • KRS 620.030(5): clergy-penitent privilege expressly preserved

    Subsection (5) of KRS 620.030 states that 'neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child.' The exception is textually unambiguous: the same statute that imposes a universal reporting duty carves clergy-penitent privilege back out, in writing. The Kentucky Cabinet for Health and Family Services confirms this in official guidance, describing attorney-client and clergy-penitent privilege as 'the only exceptions for child abuse, neglect and dependence.'

    View source ↗
  • Kentucky Rules of Evidence 505: scope of the preserved privilege

    The substantive scope of the privilege preserved by KRS 620.030(5) is defined by Ky. R. Evid. 505. A 'clergyman' is defined as 'a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.' A communication is 'confidential' if 'made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.' The privilege may be claimed by the clergy member on behalf of the communicant. The definition is broad enough to cover a wide range of pastoral relationships and is not limited to formal confessional settings.

    View source ↗
  • Criminal penalty structure: Class B misdemeanor through Class D felony

    Intentional failure to report under KRS 620.030 is criminally punishable on an escalating scale: a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class D felony for each subsequent offense. KRS 620.050 mirrors the privilege-carveout language and extends good-faith immunity to reporters acting under KRS 620.030 to 620.050. Church Law & Tax notes that no Kentucky statute recognizes civil liability for failure to report, making the criminal penalty the operative enforcement mechanism.

    View source ↗
  • KRS 620.050: good-faith immunity and corroboration of the privilege structure

    KRS 620.050 provides immunity for persons who make good-faith reports or take good-faith actions under KRS 620.030 to 620.050. The immunity statute independently reaffirms that 'attorney-client and clergy-penitent privilege are exceptions to the rule that privileges are not grounds for refusing to report,' corroborating the privilege-preserved posture of the principal statute. The Kentucky Supreme Court in Norton Hospitals v. Peyton (2012) construed KRS 620.050(1) to apply a subjective good-faith standard, confirming that a reporter's good-faith belief in the duty to report — even if erroneous on the facts — satisfies the immunity provision.

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03How you can help

Concrete ways to support reform in Kentucky.

Donate

Donate.

Donations fund the state-by-state research and advocacy needed to close the clergy-penitent carveout that KRS 620.030 leaves intact.

Mission supportDonate
Section 04Timeline

How Kentucky got here.

  • 1992
    KRE 505 takes effect

    Kentucky Rules of Evidence 505 takes effect July 1, 1992, codifying the clergy-penitent privilege and establishing the definitions of 'clergyman' and 'confidential communication' that govern the scope of the carveout in KRS 620.030.

    View source ↗
  • 1998
    Commonwealth v. Allen establishes independent reporting duty

    The Kentucky Supreme Court holds that the KRS 620.030(1) duty is independent — reporting to a supervisor does not discharge it. The ruling cements the all-person scope of the statute and is the controlling Kentucky interpretation of the reporting obligation.

    View source ↗
  • 2012
    Norton Hospitals v. Peyton: subjective good-faith immunity standard

    The Kentucky Supreme Court construes KRS 620.050(1) to apply a subjective good-faith standard for reporter immunity. The decision strongly incentivizes reporting by minimizing downstream liability for reporters acting on a genuine belief the duty applies.

    View source ↗
  • 2024-07
    KRS 620.030 current text effective July 15, 2024

    The current enrolled version of KRS 620.030 takes effect July 15, 2024, as rendered by the Kentucky Legislative Research Commission. Subsection (1) preserves the all-person reporting duty; subsection (5) preserves the clergy-penitent privilege carveout without modification.

    View source ↗
  • 2025
    HB 194 (Kyan's Law) fails to advance

    House Bill 194 would have amended KRS 620.030 to add animal control officers to the reporter list. The bill passed committee but failed to advance before the 2025 Regular Session adjourned. It is the most recent legislation directly amending the KRS 620.030 reporter list, though it does not address clergy.

    View source ↗
Section 05Key cases

Litigation shaping the law.

  • Commonwealth v. Allen

    980 S.W.2d 278 (Ky. 1998)1998

    Kentucky Supreme Court held that a person's statutory duty to report suspected child abuse to designated state authorities is independent of, and not discharged by, reporting to a supervisor. A teacher and counselor in Bullitt County Schools reported abuse to a principal but not to law enforcement or the Cabinet; both were indicted for failure to report. The court held that any individual covered by the all-person provision of KRS 620.030(1) retains an independent reporting obligation regardless of whether a supervisor was notified. The decision applies with equal force to clergy who learn of abuse through non-privileged channels.

    View source ↗
Section 06Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • Kentucky Legislative Research Commission· Effective July 15, 2024
    KRS 620.030 — Duty to report dependency, neglect, abuse, human trafficking, or female genital mutilation

    Official current text of the principal statute. Subsection (1) imposes the all-person reporting duty; subsection (5) expressly preserves attorney-client and clergy-penitent privilege as the only two exceptions to the comprehensive privilege override. Subsection (9) sets the criminal penalty structure.

    View source ↗
  • Kentucky Legislative Research Commission· Effective July 1, 1992
    Rule 505 Religious privilege

    Kentucky Rule of Evidence 505 defines 'clergyman' (minister, priest, rabbi, accredited Christian Science practitioner, or similar functionary) and 'confidential communication,' and establishes the privilege to refuse disclosure of communications with clergy acting as spiritual adviser. This is the underlying privilege preserved by KRS 620.030(5).

    View source ↗
  • Kentucky Legislative Research Commission· Effective June 27, 2025
    KRS § 620.050 — Immunity for good-faith actions or reports; investigations; confidentiality

    Related primary statute extending good-faith immunity to reporters under KRS 620.030 to 620.050. Independently corroborates the privilege-preserved posture by restating that attorney-client and clergy-penitent privilege are the only exceptions to the rule that privileges are not grounds for refusing to report.

    View source ↗
  • Kentucky Cabinet for Health and Family Services, Department for Public Health
    Kentucky Laws Regarding Mandatory Reporting and Human Trafficking (FP)

    Official state agency reference card cataloguing Kentucky's mandatory-reporting regimes. Explicitly states that 'attorney-client and clergy-penitent privilege are the only exceptions for child abuse, neglect and dependence' — direct primary-source confirmation of the privilege-preserved posture.

    View source ↗
  • Child Welfare Information Gateway, Children's Bureau, U.S. Department of Health and Human Services· 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect (State Statutes Series, current through May 2023)

    Federal compilation classifying every U.S. state on whether clergy are enumerated mandatory reporters and whether the clergy-penitent privilege is preserved. Kentucky is classified as a state that does NOT enumerate clergy specifically — clergy fall under the catch-all 'any person' category — and as a state that preserves the clergy-penitent privilege. Authoritative secondary cross-reference for both statusBucket and privilegePosture classifications.

    View source ↗
  • Church Law & Tax· March 19, 2025
    Child Abuse Reporting Laws for Kentucky

    Practitioner summary of KRS 620.030. Reproduces the privilege carveout language verbatim and confirms the penalty escalation structure (Class B misdemeanor through Class D felony). Notes that no Kentucky statute recognizes civil liability for failure to report, making criminal penalties the operative enforcement mechanism.

    View source ↗
  • Office of the Kentucky Attorney General
    Protecting Children — Report Child Abuse

    Official AG resource page confirming that every adult Kentuckian has a legal duty to report any instance of child abuse to local law enforcement. Provides the KY SAFE1 hotline (877-597-2331) and an online reporting portal.

    View source ↗
Last reviewed May 29, 2026 · by Unheard Child Org research teamHow we track this

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