As used in this chapter, unless the context otherwise requires:
(1) "Secretary" means the secretary of the Cabinet for Health and Family Services;
(2) "Cabinet" means the Cabinet for Health and Family Services;
(3) "Department" means the Department for Community Based Services of the Cabinet
for Health and Family Services;
(4) "Adult" means a person eighteen (18) years of age or older who, because of mental
or physical dysfunctioning, is unable to manage his or her own resources, carry out
the activity of daily living, or protect himself or herself from neglect, exploitation,
or a hazardous or abusive situation without assistance from others, and who may be
in need of protective services;
(5) "Protective services" means agency services undertaken with or on behalf of an
adult in need of protective services who is being abused, neglected, or exploited.
These services may include but are not limited to conducting investigations of
complaints of possible abuse, neglect, or exploitation to ascertain whether or not the
situation and condition of the adult in need of protective services warrants further
action; social services aimed at preventing and remedying abuse, neglect, and
exploitation; and services directed toward seeking legal determination of whether or
not the adult in need of protective services has been abused, neglected, or exploited
and to ensure that he or she obtains suitable care in or out of his or her home;
(6) "Caretaker" means an individual or institution who has been entrusted with or who
has the responsibility for the care of the adult as a result of family relationship, or
who has assumed the responsibility for the care of the adult person voluntarily or by
contract, employment, legal duty, or agreement;
(7) "Deception" means but is not limited to:
(a) Creating or reinforcing a false impression, including a false impression as to
law, value, intention, or other state of mind;
(b) Preventing another from acquiring information that would affect his or her
judgment of a transaction; or
(c) Failing to correct a false impression that the deceiver previously created or
reinforced, or that the deceiver knows to be influencing another to whom the
person stands in a fiduciary or confidential relationship;
(8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement,
intimidation, or punishment that results in physical pain or injury, including mental
injury;
(9) "Exploitation" means obtaining or using another person's resources, including but
not limited to funds, assets, or property, by deception, intimidation, or similar
means, with the intent to deprive the person of those resources;
(10) "Investigation" shall include but is not limited to:
(a) A personal interview with the individual reported to be abused, neglected, or
exploited. When abuse or neglect is allegedly the cause of death, a coroner's or
doctor's report shall be examined as part of the investigation;
(b) An assessment of individual and environmental risk and safety factors;
(c) Identification of the perpetrator, if possible; and
(d) Identification by the Office of Inspector General of instances of failure by an
administrator or management personnel of a regulated or licensed facility to
adopt or enforce appropriate policies and procedures, if that failure
contributed to or caused an adult under the facility's care to be abused,
neglected, or exploited;
(11) "Emergency" means that an adult is living in conditions which present a substantial
risk of death or immediate and serious physical harm to himself or herself or others;
(12) "Emergency protective services" are protective services furnished an adult in an
emergency;
(13) "Protective placement" means the transfer of an adult from his or her present living
arrangement to another;
(14) "Court" means the Circuit Court or the District Court if no judge of that Circuit
Court is present in the county;
(15) "Records" means the medical, mental, health, and financial records of the adult that
are in the possession of any hospital, firm, corporation, or other facility, if necessary
to complete the investigation mandated in this chapter. These records shall not be
disclosed for any purpose other than the purpose for which they have been obtained;
(16) "Neglect" means a situation in which an adult is unable to perform or obtain for
himself or herself the goods or services that are necessary to maintain his or her
health or welfare, or the deprivation of services by a caretaker that are necessary to
maintain the health and welfare of an adult; and
(17) "Authorized agency" means:
(a) The Cabinet for Health and Family Services;
(b) A law enforcement agency or the Department of Kentucky State Police;
(c) The office of a Commonwealth's attorney or county attorney; or
(d) The appropriate division of the Office of the Attorney General.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 242, effective June 26, 2007. -- Amended
2005 Ky. Acts ch. 99, sec. 294, effective June 20, 2005; and ch. 132, sec. 2, effective
June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 41, effective July 14, 2000. --
Amended 1998 Ky. Acts ch. 370, sec. 1, effective July 15, 1998; and ch. 426, sec.
239, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 56, sec. 1, effective July
15, 1986. -- Amended 1980 Ky. Acts ch. 372, sec. 2, effective July 15, 1980. --
Amended 1978 Ky. Acts ch. 370, sec. 2, effective June 17, 1978. -- Created 1976 Ky.
Acts ch. 157, sec. 3.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts chs. 184,
sec. 18, changes in the names of agencies and officers that are made in bills
confirming a reorganization of the executive branch are to be codified only to the
extent those changes do not conflict with other 2005 amendments. Accordingly, an
amendment to this section in Acts ch. 132 prevails over a name change made in Acts
ch. 99.
Notes of Decisions
Bartley v. Commonwealth (2013)
ky · cites it 3×
“Finally, she contends that the trial court erred by failing to instruct the jury on the lesser included offense of neglect of an adult, as defined by KRS 209.020 and outlawed by KRS 209.990. We begin with Bartley’s contention that the assault statutes do not apply to failures to…”
Caretenders, Inc. v. Commonwealth (1991)
ky · cites it 6×
“To describe every possible situation in which the infliction of pain or injury or the deprivation of necessary services could occur would be pointless and would make the statute unwieldy.”
Roach v. Commonwealth (2010)
ky · cites it 3×
“” KRS 209.020(4) defines an adult subject to the protection offered by this chapter (including provisions criminalizing abuse, neglect, and exploitation of such adults such as KRS 209.”
West v. Commonwealth (1996)
kyctapp · cites it 2×
“The Commonwealth presented substantial evidence from which the jury could have concluded that Russell had assumed the duty of care and that Russell was acting in the capacity of “caretaker” as that term is defined by the provisions of KRS 209.020. Accordingly, the trial court…”
Commonwealth v. Mitchell (2017)
ky · cites it 4×
“agreement”, KRS 209.020, while a common-law theory would require a determination as to the voluntary assumption of a duty of care and the necessary seclusion of James to prevent others from rendering aid.”
Engle v. Baptist Healthcare System, Inc. (2011)
kyctapp · cites it 2×
“” The DPP-115A form identifies Rose by name and contains DCBS’s findings concerning whether a preponderance of evidence supported that Baptist’s care and treatment of Rose qualified as “abuse, neglect, or exploitation as defined by KRS 209.020.” Below that information, the…”
Morris v. Commonwealth (1990)
ky · cites it 2×
“Although the term “caretaker” was not used in any of the instructions, the jury was given the definition of that term found at KRS 209.020(6). The instruction upon which the guilty verdict was based did not require that the jury find the appellant had assumed the responsibility…”
Robbins v. Commonwealth (2012)
kyctapp
“Definitions for the statute are set out in KRS 209.020 including the following: (8) “Abuse” means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury; (9) “Exploitation”…”
Joshua L. Ward v. Commonwealth of Kentucky (2026)
kyctapp · cites it 3×
“A -4- ANALYSIS Ward’s remaining argument on appeal is that the Commonwealth failed to meet its burden of proving that Hank was an “adult” unable to manage his own affairs or to protect himself from abuse, neglect, or exploitation as required under KRS 209.020(4). He further…”
Desmond L. Smith v. Commonwealth of Kentucky (2025)
kyctapp · cites it 2×
“This is the same definition provided in KRS 209.020(8). However, Smith wishes to conflate the intent to abuse with the intent to cause a specific injury, thereby seeking to impose a higher standard for conviction than that created by the legislature.”
— Ky. Rev. Stat. § 209.020(10) — 1 case
— Ky. Rev. Stat. § 209.020(16) — 2 cases
Engle v. Baptist Healthcare System, Inc. (2011)
kyctapp
“” The DPP-115A form identifies Rose by name and contains DCBS’s findings concerning whether a preponderance of evidence supported that Baptist’s care and treatment of Rose qualified as “abuse, neglect, or exploitation as defined by KRS 209.020.” Below that information, the…”
Commonwealth v. Mitchell (2017)
ky
“agreement”, KRS 209.020, while a common-law theory would require a determination as to the voluntary assumption of a duty of care and the necessary seclusion of James to prevent others from rendering aid.”
— Ky. Rev. Stat. § 209.020(4) — 7 cases
Roach v. Commonwealth (2010)
ky
“” KRS 209.020(4) defines an adult subject to the protection offered by this chapter (including provisions criminalizing abuse, neglect, and exploitation of such adults such as KRS 209.”
Caretenders, Inc. v. Commonwealth (1991)
ky
“To describe every possible situation in which the infliction of pain or injury or the deprivation of necessary services could occur would be pointless and would make the statute unwieldy.”
Joshua L. Ward v. Commonwealth of Kentucky (2026)
kyctapp
“A -4- ANALYSIS Ward’s remaining argument on appeal is that the Commonwealth failed to meet its burden of proving that Hank was an “adult” unable to manage his own affairs or to protect himself from abuse, neglect, or exploitation as required under KRS 209.020(4). He further…”
— Ky. Rev. Stat. § 209.020(6) — 6 cases
Caretenders, Inc. v. Commonwealth (1991)
ky
“To describe every possible situation in which the infliction of pain or injury or the deprivation of necessary services could occur would be pointless and would make the statute unwieldy.”
West v. Commonwealth (1996)
kyctapp
“The Commonwealth presented substantial evidence from which the jury could have concluded that Russell had assumed the duty of care and that Russell was acting in the capacity of “caretaker” as that term is defined by the provisions of KRS 209.020. Accordingly, the trial court…”
Morris v. Commonwealth (1990)
ky
“Although the term “caretaker” was not used in any of the instructions, the jury was given the definition of that term found at KRS 209.020(6). The instruction upon which the guilty verdict was based did not require that the jury find the appellant had assumed the responsibility…”
Commonwealth v. Mitchell (2017)
ky
“agreement”, KRS 209.020, while a common-law theory would require a determination as to the voluntary assumption of a duty of care and the necessary seclusion of James to prevent others from rendering aid.”
— Ky. Rev. Stat. § 209.020(7) — 1 case
Morris v. Commonwealth (1990)
ky
“Although the term “caretaker” was not used in any of the instructions, the jury was given the definition of that term found at KRS 209.020(6). The instruction upon which the guilty verdict was based did not require that the jury find the appellant had assumed the responsibility…”
— Ky. Rev. Stat. § 209.020(8) — 3 cases
Commonwealth v. Mitchell (2017)
ky
“agreement”, KRS 209.020, while a common-law theory would require a determination as to the voluntary assumption of a duty of care and the necessary seclusion of James to prevent others from rendering aid.”
Desmond L. Smith v. Commonwealth of Kentucky (2025)
kyctapp
“This is the same definition provided in KRS 209.020(8). However, Smith wishes to conflate the intent to abuse with the intent to cause a specific injury, thereby seeking to impose a higher standard for conviction than that created by the legislature.”
— Ky. Rev. Stat. § 209.020(9) — 3 cases
Roach v. Commonwealth (2010)
ky
“” KRS 209.020(4) defines an adult subject to the protection offered by this chapter (including provisions criminalizing abuse, neglect, and exploitation of such adults such as KRS 209.”
Joshua L. Ward v. Commonwealth of Kentucky (2026)
kyctapp
“A -4- ANALYSIS Ward’s remaining argument on appeal is that the Commonwealth failed to meet its burden of proving that Hank was an “adult” unable to manage his own affairs or to protect himself from abuse, neglect, or exploitation as required under KRS 209.020(4). He further…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.