As used in this chapter, unless the context requires otherwise:
(1) "Cabinet" means the Cabinet for Health and Family Services;
(2) "Secretary" means the secretary for health and family services or his authorized
representative;
(3) "Public assistance" means money grants, assistance in kind, or services to or for the
benefit of needy aged, needy blind, needy permanently and totally disabled persons,
needy children, or persons with whom a needy child lives or a family containing a
combination of these categories, except that the term shall not be construed to
permit the granting of financial aid where the purpose of such aid is to obtain an
abortion. For purposes of this section and KRS 205.560, "abortion" means an act,
procedure, device, or prescription administered or prescribed for a pregnant woman
by any person, including the pregnant woman herself, producing premature
expulsion of the fetus. Abortion does not include an induced premature birth
intended to produce a live viable child;
(4) "Needy child" means a child who has been deprived of parental support by reasons
prescribed by regulations within the scope of Title IV of the Social Security Act, its
amendments, and federal regulations and who does not have otherwise provided for
him a subsistence compatible with decency and health;
(5) "Parent," in addition to biological or adoptive parent, shall include stepparent;
(6) "Needy aged" means a person who has attained the age of sixty-five (65) and who is
unable to provide for himself and who does not have otherwise provided for him a
subsistence compatible with decency and health;
(7) "Needy blind" means a person who has no vision or whose vision is so defective as
to prevent the performance of ordinary activities for which eyesight is essential and
who is unable to provide for himself and who does not have otherwise provided for
him a subsistence compatible with decency and health;
(8) "Person with whom a needy child lives" means the individual prescribed by
regulation, with whom such child is living in a place of residence maintained by
such individual by himself or together with one (1) or more other persons;
(9) "Needy permanently and totally disabled" means a person eighteen (18) years of age
or older and who has a permanent physical or mental impairment, disease, or loss
that substantially precludes him from engaging in useful occupations within his
competence and who is unable to provide for himself and who does not have
otherwise provided for him a subsistence compatible with decency and health;
(10) "Private institution" means any establishment or place other than a public institution
operated or maintained by any individual, association, corporation, or other
organization which provides a group living arrangement for four (4) or more
individuals, who are cared for and maintained in residence for compensation or
otherwise;
(11) "Public institution" means any establishment or place which is the responsibility of
and administered by the state or any political subdivision thereof providing a group
living arrangement in which one (1) or more individuals are cared for and
maintained in residence;
(12) "Public medical institution" means any public institution the primary purpose of
which is to furnish hospital care and medical treatment;
(13) "Person determined to be potentially responsible" means any person who:
(a) Is not aged, blind, disabled, incapacitated, or needed in the home:
1. Because of the illness or incapacity of a member of the family; or
2. Because of children in the home under the age of six (6); or
(b) Volunteers for such determination;
(14) Nothing in this section shall be deemed to deprive a woman of all appropriate
medical care necessary to prevent her physical death;
(15) "Adult day-care center" means any adult care facility which provides part-time care,
day or night, but less than twenty-four (24) hours, to at least four (4) adults not
related to the operator of the adult care facility by blood, marriage, or adoption.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 51, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 100, sec. 1, effective July 15, 1998; and ch. 426, sec. 181,
effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 422, sec. 1, effective July 14,
1992. -- Amended 1980 Ky. Acts ch. 315, sec. 2, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 140, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts
ch. 74, Art. VI, secs. 44 and 107(21); and ch. 180, sec. 1. -- Amended 1972 Ky. Acts
ch. 256, sec. 1. -- Amended 1970 Ky. Acts ch. 248, sec. 6. -- Amended 1966 Ky.
Acts ch. 134, sec. 1. -- Amended 1962 Ky. Acts ch. 39, sec. 1. -- Amended 1956 Ky.
Acts ch. 75, sec. 1. -- Amended 1952 Ky. Acts ch. 33, sec. 1. -- Repealed and new
section substituted 1950 Ky. Acts ch. 110, secs. 1 and 12. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766bb.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1943–2021 · leading case:
Simpson v. Simpson, 586 S.W.2d 33 (Ky. 1979).
Simpson v. Simpson, 586 S.W.2d 33 (Ky. 1979).
· cites it 2× “310 (stepparent has duty to support a stepchild); KRS 205.010(5) (stepparent included in the definition of parent); KRS 342.”
Schoenbachler v. Commonwealth, 95 S.W.3d 830 (Ky. 2003).
“For the purposes of this paragraph; it shall be prima facie evidence that a dependent has been placed in destitute circumstances if the dependent is a recipient of public assistance as defined in KRS 205.010. As KRS 530.050(2) neither explicitly nor implicitly labels the “which…”
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
· cites it 2× ““Public assistance” is defined in KRS 205.010(3) as: ... money grants, assistance in kind or services to or for the benefit of needy aged, needy blind, needy permanently disabled persons, needy children or persons with whom a needy child lives or a family containing a…”
Riggs v. Riggs, 622 N.W.2d 861 (Neb. 2001).
“” Ky. Rev. Stat. Ann. § 205.010 (3) (Lexis 1998).”
Brausch v. Brausch, 265 S.W.3d 837 (Ky. Ct. App. 2008).
· cites it 4× “Although within KRS Chapter 403 the term “public assistance” is undefined, the definition contained in KRS 205.010 applies. “Public assistance” is defined as “money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and…”
Commonwealth v. Frost, Com. of Welfare, 172 S.W.2d 905 (Ky. Ct. App. 1943).
“, Kentucky Statutes; KRS 205.010 et seq. The statute declares that “Old age assistance shall be granted to” the persons described as eligible, and also provides in some detail how the law is to be administered by the Commissioner of Public Welfare, including the grant of power…”
Barnes v. Turner, 280 S.W.2d 185 (Ky. Ct. App. 1955).
“The only question in issue is whether the children of Turner meet the definition of “needy” children set forth in KRS 205.010 (5), which is as follows: “ 'Needy child’ means a child under the age of eighteen who has been deprived of parental support by reason of the death,…”
Dawson v. Driver, 420 S.W.2d 553 (Ky. Ct. App. 1967).
“By appropriate regulation the definition of “needy child” set forth in KRS 205.010(5) has been particularized to mean a child who is deprived of parental support by reason of the death, continued absence, or incapacity of a parent.”
Barnes v. Neal, 287 S.W.2d 419 (Ky. Ct. App. 1956).
· cites it 3× “2d 185 ; The chief question in issue is whether the dependent children of the three appellees met the definition of “needy” children set out in KRS 205.010(5), which reads: “ ‘Needy child’ means a child under the age of eighteen who has been deprived of parental support by…”
Powell v. Bingham, 350 S.W.2d 150 (Ky. Ct. App. 1961).
“The ground of denial was that Bingham was not incapacitat•ed within the meaning of KRS 205.010(5). Upon appeal by Bingham to the circuit court judgment was entered reversing the order ■of the board and directing that Bingham’s ■children be added to the rolls of those re•ceiving…”
In Re: Adelina Moreno (9th Cir. BAP 2021).
“]” Ky. Rev. Stat. § 205.010(3). 8 The Louisiana statute provides that “[a]ll assistance shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of this state.”
— Ky. Rev. Stat. § 205.010(3) — 4 cases
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
““Public assistance” is defined in KRS 205.010(3) as: ... money grants, assistance in kind or services to or for the benefit of needy aged, needy blind, needy permanently disabled persons, needy children or persons with whom a needy child lives or a family containing a…”
Brausch v. Brausch, 265 S.W.3d 837 (Ky. Ct. App. 2008).
“Although within KRS Chapter 403 the term “public assistance” is undefined, the definition contained in KRS 205.010 applies. “Public assistance” is defined as “money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and…”
In Re: Adelina Moreno (9th Cir. BAP 2021).
“]” Ky. Rev. Stat. § 205.010(3). 8 The Louisiana statute provides that “[a]ll assistance shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of this state.”
— Ky. Rev. Stat. § 205.010(4) — 1 case
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
““Public assistance” is defined in KRS 205.010(3) as: ... money grants, assistance in kind or services to or for the benefit of needy aged, needy blind, needy permanently disabled persons, needy children or persons with whom a needy child lives or a family containing a…”
— Ky. Rev. Stat. § 205.010(5) — 8 cases
Simpson v. Simpson, 586 S.W.2d 33 (Ky. 1979).
“310 (stepparent has duty to support a stepchild); KRS 205.010(5) (stepparent included in the definition of parent); KRS 342.”
Dawson v. Driver, 420 S.W.2d 553 (Ky. Ct. App. 1967).
“By appropriate regulation the definition of “needy child” set forth in KRS 205.010(5) has been particularized to mean a child who is deprived of parental support by reason of the death, continued absence, or incapacity of a parent.”
Barnes v. Neal, 287 S.W.2d 419 (Ky. Ct. App. 1956).
“2d 185 ; The chief question in issue is whether the dependent children of the three appellees met the definition of “needy” children set out in KRS 205.010(5), which reads: “ ‘Needy child’ means a child under the age of eighteen who has been deprived of parental support by…”
Powell v. Bingham, 350 S.W.2d 150 (Ky. Ct. App. 1961).
“The ground of denial was that Bingham was not incapacitat•ed within the meaning of KRS 205.010(5). Upon appeal by Bingham to the circuit court judgment was entered reversing the order ■of the board and directing that Bingham’s ■children be added to the rolls of those re•ceiving…”
— Ky. Rev. Stat. § 205.010(6) — 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.