# KRS § 620.023: 620.023 Evidence to be considered in determining the best interest of a child > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.023 ## Section - **Citation:** KRS § 620.023 - **Heading:** 620.023 Evidence to be considered in determining the best interest of a child - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title LI / Chapter 620 / Section 620.023 ## Text 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. ## Nearby sections - [KRS § 620.010 620.010 Legislative purpose](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.010.md) - [KRS § 620.020 620.020 Definitions for chapter](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.020.md) - [KRS § 620.023 620.023 Evidence to be considered in determining the best interest of a child](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.023.md) - [KRS § 620.025 620.025 Jurisdictional precedence](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.025.md) - [KRS § 620.027 620.027 District Court's concurrent jurisdiction for child custody and visitation in permanent placement cases](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.027.md) - [KRS § 620.029 620.029 Duties of cabinet relating to children who are victims of human trafficking -- Reporting requirements](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.029.md) - [KRS § 620.030 620.030 Duty to report dependency, neglect, abuse, human trafficking, or female genital mutilation -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -- Statewide reporting system -- Exceptions -- Penalties](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.030.md) - [KRS § 620.032 620.032 Annual report by cabinet detailing reports received regarding female genital mutilation -- Monthly report by cabinet detailing child protective services reports received](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.032.md) - [KRS § 620.040 620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel -- Procedures -- Military status of parent or legal guardian -- Multidisciplinary teams](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.040.md) - [KRS § 620.045 620.045 Funding for regional children's advocacy center](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.045.md) - [KRS § 620.048 620.048 Cabinet to file petition within 72 hours if child remains placed outside of home during child protective services investigation under agreed upon safety plan -- Cabinet to report on safety plans](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.048.md) - [KRS § 620.050 620.050 Immunity for good-faith actions or reports -- Investigations -- Confidentiality of reports -- Exceptions -- Parent's access to records -- Sharing of information by children's advocacy centers -- Confidentiality of interview with child -- Exceptions -- Confidentiality of identifying information regarding reporting individual -- Internal review and report -- Waiver -- Medical diagnostic procedures -- Sharing information with relatives -- Interaction among siblings who are not jointly placed](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.050.md) - [KRS § 620.051 620.051 Background check of child abuse and neglect records -- Fee -- Central registry -- Administrative regulations](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.051.md) - [KRS § 620.052 620.052 Provision of information to parent or legal guardian concerning community service programs for families in crisis when child protection investigation does not result in out-of-home placement of a child](https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.052.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TLI_C620_S620.023. 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