422.295 Confidentiality of communications between human trafficking victim and

334 words·~2 min read·/ky/422-295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

caseworker.

(1)As used in this section:

(a)"Confidential communication" means information transmitted between the

victim and the caseworker in the course of their relationship and in confidence

by a means which, so far as the victim is aware, discloses the information to

no third persons other than those who are present to further the interests of the

victim in the consultation or those to whom disclosures are reasonably

necessary for the transmission of the information or an accomplishment of the

purposes for which the human trafficking counselor is consulted and includes

all information regarding the facts and circumstances involving the

trafficking;

(b)"Holder of the privilege" means the victim when he or she has no guardian or

conservator, or a guardian or conservator of the victim when the victim has a

guardian or conservator; and

(c)"Trafficking victim counselor" includes any of the following:

1. A counselor, as that term is defined in Rule 506 of the Kentucky Rules

of Evidence;

2. A psychotherapist as that term is defined in Rule 507 of the Kentucky

Rules of Evidence; and

3. A person employed and supervised by one

(1)of the persons specified in

this paragraph to render services to human trafficking victims and who

has received forty

(40)hours of training in the history of human

trafficking; civil and criminal law as it relates to human trafficking;

societal attitudes towards human trafficking; peer counseling techniques;

housing, public assistance, and other financial resources available to

meet the financial needs of human trafficking victims; and referral

services available to human trafficking victims.

(2)A human trafficking victim has a privilege to refuse to disclose and to prevent any

other person from disclosing confidential communications made to a trafficking

victim counselor for the purpose of receiving counseling, therapy, services,

information, or treatment related to human trafficking.

(3)A human trafficking caseworker shall inform a trafficking victim of any applicable

limitations on confidentiality of communications between the victim and the

caseworker. This information may be given orally.