Best Interests of the Child

Statute: Ky. Rev. Stat. Ann. § 620.023 (Michie Supp. 1998)

Law:

Evidence of the following circumstances if relevant, shall be considered by the court in all proceedings in which the court is required to render decisions in the best interest of the child:

Mental illness or mental retardation 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;

Acts of abuse or neglect toward any child;
Alcohol and other drug abuse, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child;
A finding of domestic violence and abuse, whether or not committed in the presence of the child;

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

The existence of any guardianship or conservatorship of the parent pursuant to a determination or disability or partial disability.

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.

Concurrent Planning

Law:

Not addressed in statutes reviewed