620.023 Evidence to be considered in determining the best interest of a child

620.023 Evidence to be considered in determining the best interest of a child.

(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.