05RS HB35

HB35

WWW Version

NOTE: The hyperlink to a bill draft that precedes a summary contains the most recent version (Introduced/GA/Enacted) of the bill. If the session has ended, the hyperlink contains the latest version of the bill at the time of sine die adjournment. Note that the summary pertains to the bill as introduced, which is often different from the most recent version.


HB 35/FN/LM (BR 163) - L. Clark, T. Burch, C. Hoffman, J. Jenkins, Ji. Lee

     AN ACT relating to relative caregivers.
     Create new sections of KRS Chapter 405 to require the Cabinet for Families and Children to create the KinCare Support Program; establish services provided by the program; require the cabinet to create an affidavit establishing a relative caregiver's authority to provide consent for medical treatment of a minor; establish information contained in the medical consent affidavit; allow a parent or legal guardian to supersede a decision of a relative caregiver for medical treatment of a minor; exempt persons who rely in good faith on the medical consent affidavit from civil or criminal liability, except for negligence; establish a penalty of a Class A misdemeanor for persons who make false statements on a medical consent affidavit; create a new section of KRS Chapter 158 to require the Department of Education to create an affidavit establishing a caregiver's authority to make school-based decisions; establish information contained in the education affidavit; allow a parent or legal guardian to supersede a school-based decision of a relative caregiver; exempt persons who rely in good faith on the school-based decision affidavit from civil or criminal liability; establish a penalty of a Class A misdemeanor for persons who make false statements on a education consent affidavit.

HB 35 - AMENDMENTS


     HCS/FN/LM - Retain original provisions except combine the medical and consent affidavits into one affidavit; delete references to "relative caregiver" throughout bill and use the term "caregiver" in lieu thereof; define "de facto custodian"; clarify the definition of "medical treatment" to include immunizations recommended by the federal Center for Disease Control's Advisory Committee on Immunization Practices; require the affidavit to include a notice that does not confer guardian or legal custodian status to the caregiver; require the affidavit to include a statement that identifies any party who has legal standing relating to the child's custody; and clarify that the education consent affidavit shall not supersede appropriate federal law and regulations.

     HCA (1/Title, L. Clark) - Make title amendment.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House
     Jan 6-to Health and Welfare (H)
     Feb 1-posted in committee
     Feb 3-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 4-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 7, 2005
     Feb 8-3rd reading, passed 96-2 with Committee Substitute, committee amendment (1-title)
     Feb 9-received in Senate
     Feb 14-to Judiciary (S)


Kentucky Legislature Home Page | Record Front Page