(1) Evidence of the following circumstances if relevant shall be considered by the court
in all proceedings conducted pursuant to KRS Chapter 620 in which the court is
required to render decisions in the best interest of the child:
(a) Mental illness as defined in KRS 202A.011 or an intellectual disability as
defined in KRS 202B.010 of the parent, as attested to by a qualified mental
health professional, which renders the parent unable to care for the immediate
and ongoing needs of the child;
(b) Acts of abuse or neglect as defined in KRS 600.020 toward any child;
(c) Substance use disorder, as defined in KRS 222.005, that results in an
incapacity by the parent or caretaker to provide essential care and protection
for the child;
(d) A finding of domestic violence and abuse as defined in KRS 403.720, whether
or not committed in the presence of the child;
(e) Any other crime committed by a parent which results in the death or
permanent physical or mental disability of a member of that parent's family or
household; and
(f) The existence of any guardianship or conservatorship of the parent pursuant to
a determination of disability or partial disability as made under KRS 387.500
to 387.770 and 387.990.
(2) In determining the best interest of the child, the court may consider the
effectiveness of rehabilitative efforts made by the parent or caretaker intended to
address circumstances in this section.
(3) In determining the best interest of the child, the court shall have access to the entire
protection and permanency record of the child that is prepared, owned, used, in the
possession of, or retained by the cabinet.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 144, sec. 2, effective July 15, 2024. -- Amended
2019 Ky. Acts ch. 128, sec. 30, effective June 27, 2019. -- Amended 2012 Ky. Acts
ch. 146, sec. 140, effective July 12, 2012. -- Amended 2004 Ky. Acts ch. 116, sec.
18, effective July 13, 2004. -- Created 1998 Ky. Acts ch. 57, sec. 7, effective March
17, 1998.
Notes of Decisions
Cited in
14
cases (
6 in the last 5 years), 2002–2025 · leading case:
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
· cites it 2× “See KRS 620.023 which states as follows: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a)…”
L.D. v. J.H., 350 S.W.3d 828 (Ky. Ct. App. 2011).
· cites it 2× “Furthermore, KRS 620.023 provides: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a) Mental…”
P.B. v. Commonwealth of Kentu Cky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2025).
· cites it 10× “KRS 620.023 states: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a) Mental illness as…”
R.C. v. Commonwealth, 101 S.W.3d 897 (Ky. Ct. App. 2002).
“Indeed, the only reference to this term in KRS Chapter 620 is contained in KRS 620.023(l)(a), which states that in determining the best interests of a child, the court shall consider evidence of mental illness or mental retardation, as attested to by a qualified mental health…”
L.P. v. Cabinet for Health & Fam. Servs., Commonwealth of Kentucky (Ky. Ct. App. 2025).
· cites it 5× “]” Furthermore, in this DNA case, KRS 620.023 also applies. This statute, titled “Evidence to be considered in determining the best interest of a child,” requires a family court rendering a decision as to the best interest of a child to consider relevant evidence of several…”
Sara Elizabeth Kotzbauer v. Bradford Raymond Sohnlein (Ky. Ct. App. 2023).
· cites it 4× “Next, Sara points out that in ascertaining the children’s best interests, the family court did not quote or otherwise conform its findings to KRS 620.023. She is correct. This is unsurprising because KRS 620.”
Bc v. Bt, 182 S.W.3d 213 (Ky. Ct. App. 2005).
· cites it 2× “[22] See KRS 620.023 which states as follows: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child:…”
Ld v. Jh, 350 S.W.3d 828 (Ky. Ct. App. 2011).
· cites it 2× “Furthermore, KRS 620.023 provides: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a) Mental…”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
· cites it 2× “005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
· cites it 2× “005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
· cites it 2× “005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
— Ky. Rev. Stat. § 620.023(1) — 1 case
Sara Elizabeth Kotzbauer v. Bradford Raymond Sohnlein (Ky. Ct. App. 2023).
“Next, Sara points out that in ascertaining the children’s best interests, the family court did not quote or otherwise conform its findings to KRS 620.023. She is correct. This is unsurprising because KRS 620.”
— Ky. Rev. Stat. § 620.023(1)(a) — 2 cases
L.P. v. Cabinet for Health & Fam. Servs., Commonwealth of Kentucky (Ky. Ct. App. 2025).
“]” Furthermore, in this DNA case, KRS 620.023 also applies. This statute, titled “Evidence to be considered in determining the best interest of a child,” requires a family court rendering a decision as to the best interest of a child to consider relevant evidence of several…”
— Ky. Rev. Stat. § 620.023(1)(c) — 4 cases
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
“005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
“005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
“005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
L.P. v. Cabinet for Health & Fam. Servs., Commonwealth of Kentucky (Ky. Ct. App. 2025).
“]” Furthermore, in this DNA case, KRS 620.023 also applies. This statute, titled “Evidence to be considered in determining the best interest of a child,” requires a family court rendering a decision as to the best interest of a child to consider relevant evidence of several…”
— Ky. Rev. Stat. § 620.023(1)(f) — 1 case
L.P. v. Cabinet for Health & Fam. Servs., Commonwealth of Kentucky (Ky. Ct. App. 2025).
“]” Furthermore, in this DNA case, KRS 620.023 also applies. This statute, titled “Evidence to be considered in determining the best interest of a child,” requires a family court rendering a decision as to the best interest of a child to consider relevant evidence of several…”
— Ky. Rev. Stat. § 620.023(2) — 2 cases
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
“See KRS 620.023 which states as follows: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a)…”
Bc v. Bt, 182 S.W.3d 213 (Ky. Ct. App. 2005).
“[22] See KRS 620.023 which states as follows: (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child:…”
— Ky. Rev. Stat. § 620.023(l)(a) — 1 case
R.C. v. Commonwealth, 101 S.W.3d 897 (Ky. Ct. App. 2002).
“Indeed, the only reference to this term in KRS Chapter 620 is contained in KRS 620.023(l)(a), which states that in determining the best interests of a child, the court shall consider evidence of mental illness or mental retardation, as attested to by a qualified mental health…”
— Ky. Rev. Stat. § 620.023(l)(c) — 1 case
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