SENATE PASSES PRIORITY CHILD WELFARE LEGISLATION, MEASURES ADDRESSING WORKFORCE NEEDS AND 'PORCH PIRACY'

Busy week for the House

FRANKFORT, KY (February 2, 2022) - Five bills passed the Senate chamber on Wednesday, including Senate Bill (SB) 8, priority legislation to comprehensively strengthen efforts to prevent child abuse and neglect. Other bills passed were expungement legislation (SB 33), a bill removing obsolete high school graduation requirements (SB 61), a measure expanding scholarship opportunities to students with intellectual disabilities (SB 94) and a bill related to mail theft (SB 23).

SB 8, sponsored by Senate Majority Caucus Chair Julie Raque Adams (R-Louisville), passed favorably from the Senate Health and Welfare Committee last week during Child Advocacy Week.

Notably, this bill expands the opportunity for family preservation services to keep children safe and families together. Among other provisions of the bills are:

●       Providing additional resources and support for Kentucky's child advocacy centers.

●       Expanding the scope and membership of the Child Sexual Abuse and Exploitation Prevention Board to now include all forms of child abuse and neglect.

●       Distinguishing between poverty and neglect.

●       Updating the Foster Youth Bill of Rights by enabling those aging out of foster care to maintain access to resources while transitioning into adult life.

Passage of SB 8 in the Senate follows a recent report that Kentucky has led the nation three years in a row in rates of child abuse and neglect, in addition to coverage from the Kentucky Center for Investigative Journalism about the backlog of cases regarding suspicious child deaths.

"Today is one step closer to protecting our most vulnerable," Adams said. "I implore the state House to give this measure the attention it deserves."

SB 23, sponsored by Sen. David Yates (D-Louisville), would update Kentucky's mail theft statute, which currently only covers packages delivered by the United States Postal Service. If enacted, the bill would put packages delivered by common carriers such as UPS and FedEx under that same legal umbrella, making 'porch pirates' susceptible to felony criminal charges.

SB 33 continues Kentucky's efforts to address workforce needs by enabling people convicted of misdemeanors, having paid their debt to society, to become productive members once again. It clarifies when a misdemeanor offense may qualify for expungement. Existing law does not provide for expungement of a crime for misdemeanors that do not have an expiration date, or the crime qualifies for additional penalties on an indefinite basis.

Under existing law, a person convicted of a misdemeanor or violation, or a series of convictions arising from a single incident, can petition the court to expunge their record. Sex offenses or offenses committed against a child do not qualify for expungement.

"The primary reason for doing this is for more opportunities to address the state's workforce needs and better allow people to become productive members of society," bill sponsor Sen. Jimmy Higdon (R-Lebanon) said. "There are approximately 180 misdemeanors right now that do not qualify for expungement. That means many people out there have changed for the better but still carry with them a record that's not reflective of who they are today. This overdue reform of our expungement laws is a way for us to help others to help themselves, and in turn, help our state."

Some examples of enhanceable misdemeanors that cannot be expunged include spitting in a food establishment and buying or selling eggs or milk without a license.

SB 61, sponsored by Senate Education Committee Chair Max Wise (R-Campbellsville), was a simple clean-up bill that enjoyed unanimous support. It modernizes statutory requirements for early high school graduation by eliminating the requirement for benchmarks on end-of-course exams, references to ACT benchmarks and requiring early high school graduation requirements and future revisions established in administrative regulations made by the Kentucky Board of Education.

SB 94, sponsored by Sen. Danny Carroll (R-Benton), expands the Work Ready Kentucky Scholarships (WRKS) to Kentucky students with special needs.

"Kentucky students with special needs play a vital role in addressing the state's workforce needs," Carroll said. "They are strong and capable individuals who are deserving of opportunities that the scholarship can provide."

The bill helps those Kentuckians who have not yet earned an associate degree afford an industry-recognized certificate or diploma that is currently only available to college students and high school students enrolled in college coursework. The WKRS offers students with intellectual disabilities enrolled in a comprehensive transition and postsecondary program access to meaningful credentials in preparation for competitive integrated employment and customized programs of study made available that lead to a credential, certificate, diploma or degree.

The state House of Representatives will now consider the bills.