AN ACT relating to crimes and punishments.

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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 635 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Notwithstanding KRS 532.352 or 610.295, in addition to any child support 5
ordered in accordance with KRS 610.170, the committing court shall, in 6
accordance with subsect ion (2) of this section, order the parent, guardian, or 7
person exercising custodial control of a child committed to the Department of 8
Juvenile Justice for any nonstatus juvenile offense to reimburse the Department 9
of Juvenile Justice for the costs of the child's commitment. 10
(2) No parent, guardian, or person exercising custodial control shall be ordered to 11
reimburse the Department of Juvenile Justice for the costs of a juvenile's 12
commitment unless the court has provided notice of a hearing, provided an 13
opportunity to be heard, and made a finding that the person's failure to exercise 14
reasonable control or supervision was a substantial factor in the child's 15
delinquency. 16
(3) The committing court shall determine the amount of costs to be paid based on the 17
following factors: 18
(a) The actual cost of placing the juvenile in a Department of Juvenile Justice 19
approved placement; 20
(b) The cost of medical services provided to the juvenile; 21
(c) The ability of the parent, guardian, or person exercising custodial control to 22
pay all or part of the juvenile's commitment costs. 23
Section 2. KRS 17.125 is amended to read as follows: 24
(1) The following agencies are part[parts] of Kentucky's juvenile justice system and 25
shall, subject to restrictions imposed by state or federal law, disclose and share with 26
each other all information they maintain on a juvenile in a facility or program or 27
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informal adjustment authorized by law: 1
(a) All sheriff's offices, police departments, and any other law enforcement 2
agency; 3
(b) All Commonwealth's attorneys and county attorneys; 4
(c) The Attorney General; 5
(d) All jails and juvenile detention facilities, public and private; 6
(e) All courts and clerks of courts; 7
(f) The Administrative Office of the Courts; 8
(g) All departments within the Justice and Public Safety Cabinet; and 9
(h) All departments within the Cabinet for Health and Family Services[; and 10
(i) All family accountability, intervention, and response teams]. 11
(2) Except as provided in this section, all information shared by agencies specified 12
above shall be subject to applicable confidentiality disclosure, redisclosure, and 13
access restrictions imposed by federal or state law. 14
(3) Once a comp laint is filed with a court -designated worker alleging that a child has 15
committed a status offense or public offense, all public or private elementary or 16
secondary schools, vocational or business schools, or institutions of higher 17
education shall provide a ll records specifically requested in writing, and pertaining 18
to that child, to any of the agencies listed in subsection (1) of this section. Pursuant 19
to the authority granted to the Commonwealth under the Family Educational Rights 20
and Privacy Act, 20 U.S.C . sec. 1232g, when this section refers to the release of 21
educational records, the purpose of the release shall be limited to providing the 22
juvenile justice system with the ability to effectively serve, prior to adjudication, the 23
needs of the student whose records are sought. The authorities to which the data are 24
released shall certify that any educational records obtained pursuant to this section 25
shall only be released to persons authorized by statute and shall not be released to 26
any other person without the written consent of the parent of the child. The request, 27
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certification, and a record of the release shall be maintained in the student's file. 1
(4) Any request for records, the provision of records, the sharing of records, the 2
disclosure of records, or th e redisclosure of records shall be done for official 3
purposes only, on a bona fide need to know basis, and only in connection with a 4
legitimate investigation, prosecution, treatment program, or educational program. 5
(5) Information and records relating to p ending litigation in Circuit Court, District 6
Court, or a federal court and information and records relating to an ongoing 7
investigation are not subject to disclosure or sharing under this section. 8
(6) Obtaining or attempting to obtain a record relating to a minor or by sharing or 9
attempting to share a record relating to a minor with an unauthorized person is a 10
violation of this section. 11
Section 3. KRS 158.135 is amended to read as follows: 12
(1) As used in this section, unless the context otherwise requires: 13
(a) "State agency children" means: 14
1. a. Those children of school age committed to or in custody of the 15
Cabinet for Health and Family Services and placed, or financed by 16
the cabinet, in a Cabinet for Health and Family Se rvices operated 17
or contracted institution, treatment center, facility, including those 18
for therapeutic foster care and excluding those for nontherapeutic 19
foster care; or 20
b. Those children placed or financed by the Cabinet for Health and 21
Family Services in a private facility pursuant to child care 22
agreements including those for therapeutic foster care and 23
excluding those for nontherapeutic foster care; 24
2. Those children of school age in home and community -based services 25
provided as an alternative to intermed iate care facility services for the 26
intellectually disabled; 27
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3. Those children committed to or in custody of the Department of 1
Juvenile Justice and placed in a department operated or contracted 2
facility or program; and 3
4. Those children referred by a court-designated worker as defined in 4
KRS 600.020[family accountability, intervention, and response team as 5
described in KRS 605.035] and admitted to a Department of Juvenile 6
Justice operated or contracted day treatment program; 7
(b) "Current costs and expenses" means all expenditures, other than for capital 8
outlay and debt service, which are in excess of the amount generated by state 9
agency children under the Support Education Excellence in Kentucky funding 10
formula pursuant to K RS 157.360. These expenditures are necessary to 11
provide a two hundred thirty (230) day school year, smaller teacher pupil 12
ratio, related services if identified on an individual educational plan, and more 13
intensive educational programming; and 14
(c) "Therapeutic foster care" means a remedial care program for troubled children 15
and youth that is in the least restrictive environment where the foster parent is 16
trained to implement planned, remedial supervision and care leading to 17
positive changes in the child's be havior. Children served in this placement 18
have serious emotional problems and meet one (1) or more of the following 19
criteria: 20
1. Imminent release from a treatment facility; 21
2. Aggressive or destructive behavior; 22
3. At risk of being placed in more restricti ve settings, including 23
institutionalization; or 24
4. Numerous placement failures. 25
(2) (a) Unless otherwise provided by the General Assembly in a budget bill, any 26
county or independent school district that provides elementary or secondary 27
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school services to state agency children shall be reimbursed through a contract 1
with the Kentucky Educational Collaborative for State Agency Children. The 2
school services furnished to state agency children shall be equal to those 3
furnished to other school children of the district. 4
(b) The Department of Education shall, to the extent possible within existing 5
appropriations, set aside an amount of the state agency children funds 6
designated by the General Assembly in the biennial budget to reimburse a 7
school district for its expenditures exceeding twenty percent (20%) of the total 8
amount received from state and federal sources to serve a state agency child. 9
(3) The General Assembly shall, if possible, increase funding for the education 10
programs for state agency children by a perce ntage increase equal to that provided 11
in the biennial budget for the base funding level for each pupil in the program to 12
support education excellence in Kentucky under KRS 157.360 and, if applicable, by 13
an amount necessary to address increases in the numbe r of state agency children 14
being served. 15
(4) The Kentucky Educational Collaborative for State Agency Children shall make to 16
the chief state school officer the reports required concerning school services for 17
state agency children, and shall file with the Cabinet for Health and Family Services 18
unit operating or regulating the institution or day treatment center, or contracting 19
for services, in which the children are located a copy of the annual report made to 20
the chief state school officer. 21
(5) The Department of Juvenile Justice shall contract with a public university or 22
nonprofit education entity utilizing all funds generated by the children in state 23
agency programs, except Oakwood and Hazelwood funds, and the funds in the 24
Kentucky Department of Education bud get, pursuant to this section, as well as any 25
other educational funds for which all Kentucky children are entitled. The total of 26
these funds shall be utilized to provide educational services through the Kentucky 27
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Educational Collaborative for State Agency Children established in KRS 605.110. 1
(6) Notwithstanding the provisions of any other statute, the Kentucky Educational 2
Collaborative for State Agency Children shall operate a two hundred thirty (230) 3
day school program. 4
Section 4. KRS 200.505 is amended to read as follows: 5
There is hereby created a State Interagency Council for Services and Supports to 6
Children and Transition -Age Youth. The chairperson of the council shall be designated 7
by the Governor and shall establish procedures for the council's internal procedures. 8
(1) This council shall be composed of the following: 9
(a) Members who shall serve by virtue of their positions: the commissioner of the 10
Department of Education, the commissioner of the Department for Behavio ral 11
Health, Developmental and Intellectual Disabilities, the commissioner of the 12
Department for Community Based Services, the commissioner of the 13
Department for Public Health, the commissioner of the Department for 14
Medicaid Services, the commissioner of th e Department of Juvenile Justice, 15
the director of the Division of Family Resource and Youth Services Centers, 16
the executive director of the Office for Children with Special Health Care 17
Needs, the executive officer of the Department of Family and Juvenile 18
Services of the Administrative Office of the Courts, the chair of the 19
Subcommittee for Equity and Justice for all Youth of the Juvenile Justice 20
Advisory Board, the executive director of the Kentucky Housing Corporation, 21
the executive director of the Kentuck y Office of Vocational Rehabilitation, 22
and the president of the Council on Postsecondary Education, or their 23
designees; 24
(b) The chairperson of the council shall appoint one (1) parent of a child or 25
transition-age youth with a behavioral health need, who is a consumer of 26
services and supports within the system of care to serve as a member of the 27
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council, and one (1) parent who meets the same criteria to serve as the parent 1
member's alternate to serve in the absence of the parent member. For each 2
appointment to be made, the State Interagency Council for Services and 3
Supports to Children and Transition -Age Youth shall vote on nominations 4
submitted by members. The nominee receiving the most votes shall be 5
appointed. Appointees shall serve a term of two (2) years and may be 6
reappointed to additional two (2) year terms. If the child of the parent member 7
or alternate parent member ceases to be a consumer of services and supports 8
within the system of care during the term of appointment, the member shall be 9
eligible to serve out the remainder of the term of appointment. The alternate 10
parent member may attend and participate in all council meetings but shall 11
vote only in the absence of the parent member. The parent member and 12
alternate parent member shall receive no com pensation in addition to that 13
which they may already receive as service providers or state employees who 14
are required to attend as part of their duties, but the parent member and 15
alternate parent member shall be reimbursed for expenses incurred through 16
the performance of their duties as council members if it is outside the scope of 17
their job duties; 18
(c) The chairperson of the council shall appoint one (1) youth between the ages of 19
sixteen (16) and twenty -five (25), who has a behavioral health disorder and 20
who is receiving or has received services to address mental health, substance 21
use, or co -occurring mental health and substance use disorder, to serve as a 22
member of the council, and one (1) youth who meets the same criteria to serve 23
as the youth member's alternate in the absence of the youth member. For each 24
appointment to be made, the State Interagency Council for Services and 25
Supports to Children and Transition -Age Youth shall vote on nominations 26
submitted by members. The nominee receiving the most votes s hall be 27
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appointed. Appointees shall serve a term of two (2) years and may be 1
reappointed to additional two (2) year terms, and the youth member and the 2
youth member's alternate shall be eligible to serve out the remainder of their 3
term of appointment regar dless of age. The alternate youth member may 4
attend and participate in all council meetings but shall vote only in the 5
absence of the youth member. The youth member and alternate youth member 6
shall receive no compensation in addition to that which they may already 7
receive as service providers or state employees who are required to attend as 8
part of their duties, but the youth member and alternate youth member shall be 9
reimbursed for expenses incurred through the performance of their duties as 10
council members if it is outside the scope of their job duties; 11
(d) The chairperson of the council shall appoint one (1) member of a nonprofit 12
family organization representing consumers of services and supports within 13
the system of care whose membership, leadership, and governance include 14
parents, primary caregivers, or children or transition -age youth with serious 15
emotional, behavioral, or mental health needs, to serve as a member of the 16
council. For each appointment to be made, the chair shall publicly post on the 17
State Interagency Council for Services and Supports to Children and 18
Transition-Age Youth website[Web site] a solicitation for letters of interest 19
from qualified organizations and submit all qualified responses to a vote of 20
the full membership. The organization which receives the most votes shall 21
designate a representative to serve a term of two (2) years, and may be 22
reappointed to additional two (2) year terms. The family organization member 23
shall receive no compensation in addition to that which the member may 24
already receive as an employee who is required to attend as part of his or her 25
duties, but shall be reimbursed for expenses incurred through the performance 26
of duties as a council member if it is outside the scope of his or her job duties; 27
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and 1
(e) At the end of a term, a member shall continue to serve until a successor is 2
appointed. 3
(2) The State Interagency Council for Services and Supports to Children and 4
Transition-Age Youth shall: 5
(a) Make recommendations annually to the Governor and the Legislative 6
Research Commission regarding the system of care for children and 7
transition-age youth with or at risk of behavioral health needs; 8
(b) Direct each regional interagency council to operate as the regional locus of 9
accountability for the system of care[: 10
1. Operate as the regional locus of accountability for the system of care; 11
and 12
2. Participate in family accountability, intervention, and response teams 13
established pursuant to KRS 605.035]; 14
(c) Assess the effectiveness of regional councils in serving as the locus of 15
accountability for the system of care for children and transition -age youth 16
with or at risk of behavioral health needs; 17
(d) Meet at least monthly and maintain records of meetings; and 18
(e) Develop a comprehensive array of services and supports to meet the needs of 19
children and transition -age youth with or at risk of developin g behavioral 20
health needs. 21
(3) Agencies represented on the state council shall adopt interagency agreements as 22
necessary to advance the system of care. 23
(4) The State Interagency Council for Services and Supports to Children and 24
Transition-Age Youth may pro mulgate administrative regulations necessary to 25
comply with the requirements of KRS 200.501 to 200.509. 26
Section 5. KRS 200.509 is amended to read as follows: 27
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(1) There are hereby created regional interagency councils for the system of care. 1
These councils shall be formed in each area development district within the 2
Commonwealth of Kentucky, except that those area development districts that 3
contain a county with a population greater than one hundred thousand (100,000) 4
may form up to three (3) such councils. The regional interagency councils shall be 5
chaired by one (1) member, chosen by a majority vote of the members. Each 6
council shall be composed of the following members: 7
(a) The children's services director from each regi onal community mental health 8
center or his or her[their] designee; 9
(b) One (1) court -designated specialist or court -designated worker chosen by the 10
executive officer of the Department of Family and Juvenile Services of the 11
Administrative Office of the Courts; 12
(c) One (1) special education cooperative representative with behavioral health 13
experience chosen by the directors of cooperatives in the area served by the 14
regional council; 15
(d) One (1) parent of a child with a behavioral health need, who is or has be en a 16
consumer of system of care services and supports, and one (1) parent who 17
meets the same criteria to serve as the parent member's alternate, who may 18
attend and participate in all council meetings, but shall vote only in the 19
absence of the parent member. For each appointment to be made, the regional 20
interagency council for which the appointment is to be made shall submit to 21
the chair of the State Interagency Council for Services and Supports to 22
Children and Transition-Age Youth a list of two (2) names of parents who are 23
qualified for appointment from which list the chair of the State Interagency 24
Council for Services and Supports to Children and Transition-Age Youth shall 25
make the appointment. Appointees shall serve a term of two (2) years, and 26
may be reappointed to additional two (2) year terms. If the child of the parent 27
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member or alternate parent member ceases to be a consumer of system of care 1
services and supports during the term of appointment, the member shall be 2
eligible to serve out the remainder of the term of appointment; 3
(e) One (1) transition-age youth who has a behavioral health disorder and who is 4
receiving or has received a service to address mental health, substance use, or 5
co-occurring mental health and substance use disorder, and one (1) t ransition-6
age youth who meets the same criteria to serve as the youth member's 7
alternate in the absence of the youth member. For each appointment to be 8
made, the regional interagency council for which the appointment is to be 9
made shall submit to the chair of the State Interagency Council for Services 10
and Supports to Children and Transition-Age Youth a list of two (2) names of 11
transition-age youth who are qualified for appointment from which list the 12
chair of the State Interagency Council for Services and S upports to Children 13
and Transition-Age Youth shall make the appointment. Appointees shall serve 14
a term of two (2) years, and may be reappointed to additional two (2) year 15
terms. If the youth member or alternate youth member ceases to be a 16
consumer of syste m of care services and supports during the term of 17
appointment, the member shall be eligible to serve out the remainder of the 18
term of appointment; 19
(f) Any other local public or private agency that provides services and supports to 20
children and transition -age youth with behavioral health needs which the 21
regional interagency council may invite to have a representative become a 22
permanent or temporary member of the council; and 23
(g) One (1) representative from each of the Department of Juvenile Justice, 24
family resource and youth services centers, the Kentucky Office of Vocational 25
Rehabilitation, the Department for Community Based Services, and local 26
health departments. 27
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(2) A[No] member of a regional interagency council for the system of care shall not be 1
given c ompensation in addition to that which they already receive as service 2
providers or state employees, except that the parent and youth members and 3
alternate parent and youth members of regional interagency councils shall be 4
reimbursed by the regional interag ency council's contracted fiscal agent for all 5
expenses incurred through the performance of their duties as council members if it 6
is outside the scope of their job duties. 7
(3) Each regional interagency council for the system of care shall perform the 8
following functions: 9
(a) Conduct regional system of care planning and operations; 10
(b) Coordinate system-level continuous quality improvement; 11
(c) Identify and develop system of care expansion opportunities; 12
(d) Promote awareness of the system of care; 13
(e) Initiate and adopt interagency agreements as necessary for providing services 14
and supports to children and transition -age youth with or at risk of behavioral 15
health needs by the agencies represented in the regional council; and 16
(f) Advise the state interagency council regarding the system of care within the 17
region[; and 18
(g) Participate in family accountability, intervention, and response teams 19
established pursuant to KRS 605.035]. 20
(4) The secretary of the Cabinet for Health and Family Services and the designee of the 21
Kentucky[State] Department of Education shall ensure that regional interagency 22
councils for the system of care are formed. 23
(5) Local interagency councils for the system of care may be formed at the discretion of 24
a regional interagency council to adva nce the functions of the regional interagency 25
council at the city, county, or other local community level. 26
Section 6. KRS 403.727 is amended to read as follows: 27
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(1) Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a 1
victim of domestic violence and abuse, or in which a minor is named as a 2
respondent or petitioner, shall comply with the requirements in that section and 3
shall: 4
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 5
and 6
(b) Conform to the confidentiality provisions under KRS 610.340. 7
(2) If the court orders an evidentiary hearing under KRS 403.730(1)(a), a guardian ad 8
litem shall be appointed for any unrepr esented minor who is a respondent to the 9
action or a petitioner who is an alleged victim of domestic violence and abuse. The 10
guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred 11
dollars ($500), which shall be paid by the Finance and Administration Cabinet. 12
(3) A victim advocate as defined in KRS 421.570: 13
(a) Shall be permitted to attend the evidentiary hearing to offer advocacy 14
services pursuant to KRS 421.575 to the alleged victim of domestic violence 15
and abuse; and 16
(b) Shall not be excluded from the evidentiary hearing unless: 17
1. The alleged victim of domestic violence and abuse declines the services 18
offered; or 19
2. The court, upon motion and for good cause shown, determines that 20
the exclusion is in the best interest of the al leged victim of domestic 21
violence and abuse. 22
(4) Violation of the terms or conditions of an order of protection issued under KRS 23
403.740 after the person has been served or given notice of the order shall 24
constitute contempt of court and may constitute a c riminal offense pursuant to KRS 25
403.763 if the offender is an adult or a public offense under KRS 600.020 [(51)] if 26
the offender is a juvenile. Once a juvenile action or contempt proceeding has been 27
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initiated, the other shall not be undertaken regardless of the outcome of the original 1
proceeding. 2
(5)[(4)] Nothing in subsection (4)[(3)] of this section shall preclude the 3
Commonwealth from proceeding, or the petitioner from pursuing charges, against 4
the minor respondent for offenses other than a violation of a n order of protection. 5
Proceedings against a minor respondent for offenses other than a violation of an 6
order of protection shall proceed: 7
(a) In the juvenile session of District Court; and 8
(b) In accordance with the procedural and statutory provisions est ablished for the 9
juvenile session of District Court. 10
Section 7. KRS 456.035 is amended to read as follows: 11
(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged 12
victim of dating violence and abuse, sexual assault, or stalking, or in which a minor 13
is named as a respondent or petitioner, shall comply with the requirements in that 14
section and shall: 15
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 16
and 17
(b) Conform to the confidentiality provisions under KRS 610.340. 18
(2) If the court orders an evidentiary hearing under KRS 456.040(1)(a), a guardian ad 19
litem shall be appointed for any unrepresented minor who is a respondent to the 20
action or a petitioner who is an alleged victi m of dating violence and abuse, sexual 21
assault, or stalking. The guardian ad litem shall be paid a fee fixed by the court not 22
to exceed five hundred dollars ($500), which shall be paid by the Finance and 23
Administration Cabinet. 24
(3) A victim advocate as defined in KRS 421.570: 25
(a) Shall be permitted to attend the evidentiary hearing to offer advocacy 26
services pursuant to KRS 421.575 to the alleged victim of dating violence 27
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and abuse, stalking, or sexual assault; and 1
(b) Shall not be excluded from the evidentiary hearing unless: 2
1. The alleged victim of dating violence and abuse, stalking, or sexual 3
assault declines the services offered; or 4
2. The court, upon motion and for good cause shown, determines that 5
the exclusion is in the best interest of the alleged victim of dating 6
violence and abuse, stalking, or sexual assault. 7
(4) Violation of the terms or conditions of an order of protection issued under KRS 8
456.060 after the person has been served or given notice of the order shall 9
constitute contempt of court and may constitute a criminal offense pursuant to KRS 10
456.180 if the offender is an adult or a public offense under KRS 600.020(51) if the 11
offender is a juvenile. Once a juvenile action or contempt proceeding has been 12
initiated, the other shall not be under taken regardless of the outcome of the original 13
proceeding. 14
(5)[(4)] Nothing in subsection (4)[(3)] of this section shall preclude the 15
Commonwealth from proceeding, or the petitioner from pursuing charges, against 16
the minor respondent for offenses other th an a violation of an order of protection. 17
Proceedings against a minor respondent for offenses other than a violation of an 18
order of protection shall proceed: 19
(a) In the juvenile session of District Court; and 20
(b) In accordance with the procedural and statutory provisions established for the 21
juvenile session of District Court. 22
Section 8. KRS 530.064 is amended to read as follows: 23
(1) A person eighteen (18) years of age or older, or a m inor transferred to Circuit 24
Court to be proceeded against as a youthful offender pursuant to KRS 640.010, is 25
guilty of unlawful transaction with a minor in the first degree when he or she 26
knowingly induces, assists, or causes a minor to engage in: 27
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(a) Illegal sexual activity;[ or] 1
(b) Illegal controlled substances activity other than activity involving marijuana 2
or salvia, as defined in KRS 218A.010; or 3
(c) The commission of a felony offense where any person uses or is in 4
possession of a firearm, whether fu nctional or not, in furtherance of the 5
crime; 6
except those offenses involving minors in KRS Chapter 531 and in KRS 529.100 7
where that offense involves commercial sexual activity. 8
(2) Unlawful transaction with a minor in the first degree is a: 9
(a) Class C felony if the minor so used is less than eighteen (18) years old at the 10
time the minor engages in the prohibited activity; 11
(b) Class B felony if: 12
1. The minor so used is less than sixteen (16) years old at the time the 13
minor engages in the prohibited activity; or 14
2. In the commission of a felony offense, any person utilizes a firearm, 15
whether functional or not, in furtherance of the crime; and 16
(c) Class A felony if: 17
1. The minor so used incurs physical injury resulting from the prohibited 18
activities described in subsection (1)(a) or (b) of this section; or 19
2. Any person incurs serious physical injury or death resulting from the 20
prohibited activity described in subsection (1)(c) of this 21
section[thereby]. 22
Section 9. KRS 530.065 is amended to read as follows: 23
(1) A person eighteen (18) years of age or older, or a minor transferred to Circuit 24
Court to be proceeded against as a youthful offender pursuant to KRS 640.010, is 25
guilty of unlawful transaction with a minor in the secon d degree when he or she 26
knowingly induces, assists, or causes a minor to engage in illegal controlled 27
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substances activity involving marijuana, illegal gambling activity, or any other 1
criminal activity constituting a felony. 2
(2) Unlawful transaction with a minor in the second degree is a Class D felony. 3
Section 10. KRS 530.070 is amended to read as follows: 4
(1) A person eighteen (18) years of age or older, or a minor transferred to Circuit 5
Court to be proceeded against as a youthful offender pursuant to KRS 640.010, is 6
guilty of unlawful transaction with a minor in the third degree when: 7
(a) Acting other than as a retail licensee, he or she knowingly sells, gives, 8
purchases or procures any alcoholic or malt beverage in any form to or for a 9
minor. The defendant may prove in e xculpation that the sale was induced by 10
the use of false, fraudulent, or altered identification papers or other documents 11
and that the appearance and character of the purchaser were such that his or 12
her age could not have been ascertained by any other mean s and that the 13
purchaser's appearance and character indicated strongly that he or she was of 14
legal age to purchase alcoholic beverages. This subsection does not apply to a 15
parent or guardian of the minor; 16
(b) He or she knowingly induces, assists, or causes a minor to engage in any 17
other criminal activity; 18
(c) He or she knowingly induces, assists or causes a minor to become a habitual 19
truant; or 20
(d) He or she persistently and knowingly induces, assists or causes a minor to 21
disobey his or her parent or guardian. 22
(2) Unlawful transaction with a minor in the third degree is a Class A misdemeanor. 23
Section 11. KRS 605.030 is amended to read as follows: 24
(1) A court-designated worker may: 25
(a) Receive complaints; 26
(b) Review complaints taken by peace officers; 27
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(c) Investigate complaints except neglect, abuse, and dependency; 1
(d) Perform an initial screening for human trafficking as defined in KRS 529.010 2
for referral to the cabinet for investigation as a case of dependency, neglect, or 3
abuse; 4
(e) Dispose of complaints limited to a total of three (3) status or nonfelony public 5
offense complaints per child and, with written approval of the county 6
attorney, one (1) felony complaint that does not involve the commission of a 7
sexual offense or the use of a deadly weapon; 8
(f) Administer oaths; 9
(g) Issue summonses; 10
(h) Issue subpoenas; 11
(i) Make advisory dispositional recommendations and provide, within forty -eight 12
(48) hours, exclusive of weekends and holidays, information concerni ng a 13
child who has chosen to waive the investigation pursuant to KRS 610.100; 14
(j) Perform such duties as required by KRS Chapter 645; 15
(k) Administer evidence -based screenings and assessments to identify the risk 16
and needs of a child and his or her family; 17
(l) Enter into diversion agreements, including referral to programs or service 18
providers, providing case management and service coordination, assisting 19
with barriers to completion, and monitoring progress; 20
(m) Impose graduated sanctions, from least restric tive to most restrictive, in 21
response to violations of the terms of a diversion agreement; 22
(n) Gather information necessary to track and record outcomes of all diversion 23
agreement recommendations and final diversion disposition; 24
(o) Collaborate and coopera te with the [family accountability, intervention, and 25
response team, ] director of pupil personnel , as appropriate, and service 26
providers to ensure all appropriate interventions are utilized; 27
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(p) Report annually to his or her local public school districts a nd to the 1
Administrative Office of the Courts an inventory of all programs and service 2
providers within the judicial district they serve; 3
(q) Request from the schools a student's education records pursuant to KRS 4
17.125; and 5
(r) Perform such other function s related to activities of children as may be 6
authorized or directed by the court. 7
(2) Upon the filing of a petition which initiates a formal court action in the interest of 8
the child, the court -designated worker's involvement, with the exception of the 9
activities defined in subsection (1)(i) of this section, shall cease. 10
(3) When a child is to be tried as an adult, the court -designated worker need not make 11
dispositional recommendations. 12
Section 12. KRS 605.130 is amended to read as follows: 13
In addition to the other duties, functions, and responsibilities imposed by law, the cabinet, 14
through its authorized representatives, shall have general supervision and management of 15
all matters contained in KRS 620.150 and 620.170 and shall, wherever possible: 16
(1) Locate and plan for all children who are dependent, neglected, or abused; 17
(2) Cooperate with and assist the courts of the various counties; 18
(3) Assist Circuit Courts through services to children whenever requested by the cour t. 19
The cabinet may charge a reasonable fee for such services to be taxed as costs by 20
the court; 21
(4) [Assess all referrals received from a court -designated worker, pursuant to direction 22
from the family accountability, intervention, and response team, to determine 23
whether a basis exists to file a dependency, neglect, or abuse petition; 24
(5) ]Track and repor t to the oversight council created in KRS 15A.063 the number of 25
referrals received, the number of investigations made upon those referrals, and the 26
number and type of petitions filed in response; 27
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(5)[(6)] Identify all youth who have status offense charges and are committed or 1
probated to the cabinet and report the number of committed and probated youth to 2
the oversight council created in KRS 15A.063; and 3
(6)[(7)] Perform such other services as may be deemed necessary for the protection of 4
children. 5
Section 13. KRS 610.030 is amended to read as follows: 6
Except as otherwise provided in KRS Chapters 600 to 645: 7
(1) If any person files a complaint alleging that a child, except a child alleged to be 8
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the 9
court, may be within the purview of KRS Chapters 600 to 645, the court -designated 10
worker shall make a preliminary determination as to whether the complaint is 11
complete. In any case where the court-designated worker finds that the complaint is 12
incomplete, the court-designated worker shall return the complaint without delay to 13
the person or agency originating the complaint or having knowledge of the facts, or 14
to the appropriate law enforcement agency having investigative jurisdiction of the 15
offense, and request additional information in order to complete the complaint. The 16
complainant shall promptly furnish the additional information requested; 17
(2) (a) Upon receipt of a complaint which appears to be c omplete and which alleges 18
that a child has committed a public offense, the court -designated worker shall 19
refer the complaint to the county attorney for review pursuant to KRS 20
635.010. 21
(b) If after review the county attorney elects to proceed, the court -designated 22
worker shall conduct a preliminary intake inquiry to recommend whether the 23
interests of the child or the public require that further action be taken or 24
whether, in the interest of justice, the complaint can be resolved informally 25
without the filing of a petition; 26
(3) Upon receipt of a complaint that appears to be complete and that alleges that the 27
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child has committed a status offense, the court -designated worker shall conduct a 1
preliminary intake inquiry to recommend[determine] whether the interests of the 2
child or the public require that further action be taken; 3
(4) Prior to conducting a preliminary intake inquiry, the court -designated worker shall 4
notify the child and the child's parent, guardian, or other person exercising custodial 5
control or supervision of the child in writing: 6
(a) Of their opportunity to be present at the preliminary intake inquiry; 7
(b) That they may have counsel present during the preliminary intake inquiry as 8
well as the formal conference thereafter; 9
(c) 1. That all informatio n supplied by the child to a court -designated worker 10
during any process prior to the filing of the petition shall be deemed 11
confidential and shall not be subject to subpoena or to disclosure 12
without the written consent of the child. 13
2. Information may be s hared between treatment providers and[,] the 14
court-designated worker [, and the family accountability, intervention, 15
and response team] to enable the court -designated worker to facilitate 16
services and facilitate compliance with the diversion agreement; and 17
(d) That the child has the right to deny the allegation and demand a formal court 18
hearing; 19
(5) The preliminary intake inquiry shall include the administration of an evidence -20
based screening tool and, if appropriate and available, a validated risk and need s 21
assessment, in order to identify whether the child and his or her family are in need 22
of services and the level of intervention needed; 23
(6) (a) Upon the completion of the preliminary intake inquiry for a minor who is 24
alleged to be a status offender under KRS 630.020(3) and is alleged to have 25
been absent without excuse for fifteen (15) or more days during a school year, 26
the court-designated worker shall refer the complaint to the county attorney. 27
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The county attorney shall then refer the complaint: 1
1. For formal court action; or 2
2. To be handled under subsection (8) of this section. 3
(b) Upon the completion of the preliminary intake inquiry for a minor who is 4
alleged to be a status offender under KRS 630.020(1), (2), or (4), the court -5
designated worker shall r efer the complaint to the county attorney. The 6
county attorney: 7
1. Shall: 8
a. Refer the complaint for formal court action; or 9
b. Refer the complaint to be handled under subsection (8) of this 10
section; or 11
2. May in agreement with the court-designated worker, determine that no 12
further action be taken. 13
(c) Upon the completion of the preliminary intake inquiry for a complaint that 14
alleges a public offense, the court -designated worker shall refer the 15
complaint to the county attorney with a recommendation in accordance with 16
subsection (2)(b) of this section. The county attorney: 17
1. Shall: 18
a. Refer the complaint for formal court action; or 19
b. Refer the complaint to be handled under subsection (8) of this 20
section; or 21
2. May, at any time refer a public offense complaint for informal 22
adjustment[all other allegations, the court-designated worker may: 23
1. If the complaint alleges a status offense, determine that no further action 24
be taken subject to review by the family accountability, intervention, 25
and response team; 26
2. If the complaint alleges a public offense, refer the complaint to the 27
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county attorney; 1
3. Refer a public offense complaint for informal adjustment; or 2
4. Based upon the results of the preliminary intake inquiry, other 3
information obtained, and a determination that the interests of the child 4
and the public would be better served, and with the written approval of 5
the county attorney for a public offense complaint, if necessary, conduct 6
a formal conference and enter into a diversion agreement]; 7
(7) Upon receiving written approval of the county attorney, if necessary, to divert a 8
public offense complaint, and prior to conducting a formal conference, the court -9
designated worker shall advise in writing the complainant, the victim if any, and the 10
law enforcement agency having investigative jurisdiction of the offense [: 11
(a) ]of the recommendation and the reasons therefor and that the complai nant, 12
victim, or law enforcement agency may submit within ten (10) days from 13
receipt of such notice a complaint to the county attorney for special review [; 14
or 15
(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact 16
that the child was statutorily entitled to divert the case]; 17
(8) A formal conference shall include the child and his or her parent, guardian, or other 18
person exercising custodial control or supervision. The formal conference shall be 19
used to: 20
(a) Present information obtained at the preliminary intake inquiry; and 21
(b) 1. Develop a diversion agreement that shall: 22
a. i. Require that the child regularly attend school and comply 23
with school rules; 24
ii. Require that the child have no other violation of law, as 25
evidenced by the filing of a new complaint or petition; and 26
iii.[ii.] For a child against whom a complaint alleging truancy 27
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has been filed, require that if the child is absent from school 1
without excuse for four (4) days during a diversion 2
agreement, the child shall immediately be considered to have 3
failed to complete the diversion agreement and subsection 4
(9)(b)3. of this section shall immediately apply; and 5
b. Not exceed twelve (12) months in duration, and may include: 6
i. Referral of the child, and family if appropriate, t o a public or 7
private entity or person for the provision of identified 8
services to address the complaint or assessed needs; 9
ii. Referral of the child, and family if appropriate, to a 10
community service program within the limitations provided 11
under KRS 635.080(2); 12
iii. Restitution, limited to the actual pecuniary loss suffered by 13
the victim, if the child has the means or ability to make 14
restitution; 15
iv. Notification that the court -designated worker may a pply 16
graduated sanctions for failure to comply with the diversion 17
agreement; 18
v. Any other program or effort which reasonably benefits the 19
community and the child; and 20
vi. A plan for monitoring the child's progress and completion of 21
the agreement. 22
2. Prior to developing the diversion agreement, the court -designated 23
worker or court-designated specialist shall: 24
a. Contact the school district that the child attends to obtain 25
background information from school personnel regarding family 26
background, education rec ords, any services previously provided, 27
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and any recommended trauma informed strategies; and 1
b. Include recommendations of the county attorney, if any, in the 2
diversion agreement. 3
3. Upon developing a diversion agreement, the court -designated specialist 4
shall make all details of the agreement accessible to: 5
a. The county attorney; 6
b. The superintendent and the director of pupil personnel of the 7
public school district in which the child is enrolled, or the 8
principal of any private elementary or secondary scho ol which 9
the child attends; 10
c. The school resource officer or any other contract employee hired 11
to provide security services for the school where the child is 12
enrolled; and 13
d. Upon request, any law enforcement officer [all members of the 14
family, accountability, intervention, and response team through an 15
electronic platform provided by the Administrative Office of the 16
Courts]; 17
(9) (a) If a child successfully completes a diversion agreement, the underlying 18
complaint shall be dismissed and further action relate d to that complaint shall 19
be prohibited. 20
(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into 21
a diversion agreement, or fails to complete a diversion agreement, then: 22
1. For a public offense complaint, the matter shall be referred to the county 23
attorney for formal court action and, if a petition is filed, the child may 24
request that the court dismiss the complaint based upon his or her 25
substantial compliance with the terms of diversion; 26
2. For a status offense complaint, except as provided for in subparagraph 3. 27
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of this paragraph, the court -designated worker shall refer the matter to 1
the county attorney for further action and, if a petition is filed, the 2
child may request that the court dismiss the complaint based upon his 3
or her substantial compliance with the terms of the diversion [family 4
accountability, intervention, and response team for review and further 5
action]; and 6
3. For a status offense complaint alleging truancy for which the child failed 7
diversion in accordance wi th subsection (8)(b) 1.a.iii.[1.a.ii.] of this 8
section, the matter shall immediately be referred to the county attorney 9
for formal court action. 10
(c) [If the child enters into a diversion agreement or is referred to the family 11
accountability, intervention, a nd response team for truancy and there is no 12
action implemented by the family accountability, intervention, and response 13
team within thirty (30) days, the family accountability, intervention, and 14
response team shall report to the court the reasons for inac tion and shall 15
provide a plan for action on the child's case. The court shall review on the 16
record any diversion agreement and any report, without the attendance or 17
appearance of the child, at regular intervals at the court's discretion to verify 18
family ac countability, intervention, and response team member attendance, 19
team accountability, and performance. 20
(d) ]If a child fails to appear for a preliminary intake inquiry or fails to complete a 21
diversion agreement due to lack of parental cooperation, the cour t-designated 22
worker shall make a determination that the child failed to complete the 23
diversion due to lack of parent cooperation; 24
(10) If a complaint is referred to the court, the complaint and findings of the court -25
designated worker's preliminary intake i nquiry shall be submitted to the court for 26
the court to determine whether process should issue; 27
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(11) If the court receives a report with a determination that the diversion is failed due to 1
lack of parental cooperation, the court may order parental cooperat ion and refer the 2
case back to the court -designated worker. The child shall not be detained upon this 3
finding;[ and] 4
(12) At any stage in the proceedings described in this section, the court or the county 5
attorney may review any decision of the court -designated worker. The court upon 6
its own motion or upon written request of the county attorney may refer any 7
complaint for a formal hearing; and 8
(13) A superintendent of a public school district may designate an employee of the 9
school district to receive notic es under this section. The superintendent shall 10
provide the clerk and the court -designated worker with notice of any designation 11
and the name and contact information for the superintendent's designee. 12
Section 14. KRS 610.070 is amended to read as follows: 13
(1) All cases involving children brought before the court whose cases are under the 14
jurisdiction of the court shall be granted a speedy hearing and shall be dealt with by 15
the court without a jury. 16
(2) The hearings shall be conducted in a formal manner, unless specified to the contrary 17
by other provisions of KRS Chapters 600 to 645. 18
(3) Except as provided in subsection (6) of this section, the general public shall be 19
excluded and only the following perso ns shall be admitted to any hearing held 20
under subsection (1) of this section: 21
(a) Immediate families or guardians of the parties before the court;[,] 22
(b) Witnesses necessary for the prosecution and defense of the case;[,] 23
(c) The probation worker with direct interest in the case;[,] 24
(d) A representative from the Department of Juvenile Justice;[,] 25
(e) The victim;[,] 26
(f) The victim's [ his or her] parent or legal guardian, or if emancipated, the 27
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victim's[his or her] spouse, or a legal representative of either;[, such] 1
(g) A victim advocate as defined in KRS 421.570; 2
(h) Other persons that[admitted as] the judge finds[shall find] have a direct 3
interest in the case or in the work of the court;[,] and[ such] 4
(i) Other p ersons as agreed to by the child and his or her attorney [ may be 5
admitted to the hearing]. 6
(4) If a parent, legal guardian, person exercising custodial control of the child, or 7
spouse is[if] a witness, he or she shall be admitted to the hearing only during and 8
after his or her testimony at the hearing, and witnesses shall be admitted to the 9
hearing only for the duration of their testimony. 10
(5) The court may order the exclusion of a parent, legal guardian, person exercising 11
custodial control of the child, or spouse, if it is shown to the satisfaction of the 12
court that the parent, legal guardian, person exercising custodial control of the 13
child, or spouse may physically disrupt the proceedings or may do violence to any 14
participant therein. The mere presence of a parent, legal guardian, person 15
exercising custodial control of the child, or spouse shall not be deemed to be a 16
disruption of the proceedings merely because their presence may make the 17
defendant uncomfortable; the court shall find a potential for actual physical 18
disruption of the proceedings before an exclusion may be granted for this reason. 19
(6) The court may order a dispositional hearing under Section 22 of this Act or a 20
sentencing hearing under KRS 640.030 open to the general public upon motion 21
of a p arty or upon its own motion that it is in the best interest of the public and 22
the child to open the hearing or any part of the hearing. This subsection shall 23
only apply to a case in which a child has been convicted of, pled guilty to, or been 24
adjudicated t o have committed an offense that would classify the child as a 25
violent offender under KRS 439.3401. 26
(7) Any motion to open a hearing under subsection (6) of this section shall be 27
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brought no later than ten (10) days after the adjudication hearing. The party 1
seeking an open hearing shall have the burden of proof. 2
(8) In determining whether opening a hearing to the general public is in the best 3
interest of the public and the child, the court shall consider all relevant 4
circumstances of the case, including but not limited to: 5
(a) The nature of the allegations; 6
(b) The age and maturity level of the child; 7
(c) The benefit to the child and public of maintaining confidentiality; 8
(d) The benefit to the public of an open hearing; 9
(e) The effect of confidentiality on the fact-finding process; 10
(f) The wishes of the victims and the parent, legal guardian, or person 11
exercising custodial control of the victim; and 12
(g) Whether reasonable alternatives to closure are available. 13
(9) The court shall make written findings of fact and conclusions of law to support 14
an order under subsection (8) of this section. 15
(10) A party aggrieved by an order opening a hearing under subsection (8) of this 16
section shall have the right to: 17
(a) An interlocutory expedited appeal; and 18
(b) A stay of proceedings in the lower court. 19
(11) Unless otherwise authorized by law, a court conducting a hearing under this 20
section shall not: 21
(a) Release any record discussed at any open proceeding prior to, at, or after 22
the proceeding which is made confidential pursuant to law; 23
(b) Permit audio, visual, or other recording of the proceeding by any person 24
who is attending the proceeding, a party to t he proceeding, or testifying at 25
the proceeding; 26
(c) Permit any audio, visual, or other recording of the proceedings for official 27
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court purposes to be made a public record, copied, or released to the public; 1
or 2
(d) Permit any member of the public attending the proceeding, who is not a 3
party to the proceeding, and who is not testifying at the proceeding, to 4
disclose the name or personal identifying information of any person who is 5
a party to a proceeding of testifying at a proceeding, outside of the 6
courtroom. 7
(12) The Supreme Court may establish by rule a procedure to require each member of 8
the public attending a hearing not to disclose the name or personal identifying 9
information regarding any person who is a party to the proceeding, or person 10
testifying at the proceeding. 11
(13) A person may take written notes during a hearing, and remove them from the 12
courtroom following the hearing, provided that no name or personal identifying 13
information of any child who is a party to the proceeding or testifying at the 14
proceeding shall be taken from the courtroom. This subsection is not intended to 15
apply to, and shall not limit the use or publication of, any information obtained 16
by means other than attendance at a proceeding authorized by this section. 17
(14)[(4)] The court shall order at least one (1) parent, guardian, or person exercising 18
custodial control over the child to be present at any hearing or other proceeding 19
involving the child. The court shall make accommodations necessary to allow the 20
person to attend, including but not limited to allowing remote attendance or holding 21
hearings outside the court's normal operating hours. 22
Section 15. KRS 610.071 is amended to read as follows: 23
(1) At any hearing or other proceeding under KRS Chap ters 630 to 645, at least one (1) 24
parent, guardian, or person exercising custodial control of the child ordered by 25
the court pursuant to subsection (14) of Section 14 of this Act [KRS 610.070(4)] to 26
attend hearings or proceedings involving the child shall be present. The court shall 27
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make reasonable accommodations to allow the parent, guardian, or person 1
exercising custodial control of the child to attend. 2
(2) A parent, legal guardian, person exercising custodial control of the child, or 3
spouse who has been excluded from a hearing pursuant to subsection (5) of Section 4
14 of this Act[KRS 610.070(3)] and has not subsequently been ordered by the court 5
to be present at future proceedings shall not be charged under this section. 6
(3) If a violation of subsection (1) of this section occurs, any parent, guardian, or other 7
person exercising custodial control of the child who was ordered pursuant to 8
subsection (14) of Section 14 of this Act [KRS 610.070(4)] to attend hearings or 9
proceedings involving the child shall be fined not more than five hundred dollars 10
($500) or ordered to participate in up to forty (40) hours of community service. 11
Section 16. KRS 610.105 is amended to read as follows: 12
(1) Upon the court's motion or the motion of any party, following notice to the county 13
attorney, an informal adjustment may be made at any time during the proceedings 14
and with the victim and with those persons specified in subsection (3) of Section 14 15
of this Act[KRS 610.070] having prior notification of the motion. 16
(2) An informal adjustment does not require adjudication of the case. If an adjudication 17
has occurred, the court shall dismiss the case following successful completion under 18
subsection (3) of this section. 19
(3) If the court orders an informal adjustment, the order may include any of the 20
following: 21
(a) Referral of the case to diversion, but, if the child does not successfully 22
complete the terms of the diversion, the case shall not be dismissed as a result 23
of the diversion but shall be returned to court; or 24
(b) Placement of the child on community supervision or monitoring by the court 25
under the informal adjustment with additional conditions as determined 26
appropriate by the court for a period not to exceed six (6) months. 27
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Section 17. KRS 610.110 is amended to read as follows: 1
(1) The disposition shall determine the action to be taken by the court on behalf of, and 2
in the best interest of, the child under the provisions of KRS Chapter 630 or 635. 3
(2) At the disposition, all information helpful in making a proper disposition, including 4
oral and written reports and the results of a validated risk and needs assessment, 5
shall be received by the court in c ompliance with subsection (1) of this section and 6
relied upon to the extent of their probative value, provided that the parties or the 7
parties'[their] counsel shall be afforded an opportunity to examine and controvert 8
the reports. 9
(3) The court [shall, ]and the Department of Juvenile Justice shall[may upon request,] 10
notify the law enforcement agency of the child's city, county, [ or] urban-county, 11
consolidated local government, unified local government, or chater county 12
governement of residence as appropriat e and the law enforcement agencies where 13
any offense was committed of the disposition of each case and of each child 14
committed by the court who is placed in a residential treatment facility by the 15
Department of Juvenile Justice or the cabinet. 16
(4) If any court commits a child to the Department of Juvenile Justice or the cabinet, a 17
child-caring facility, or child-placing agency, the court shall cause to be transmitted 18
to the Department of Juvenile Justice or the cabinet, facility, or agency, as 19
appropriate, a certified copy of the commitment order, together with a summary of 20
the court's information concerning the child. A certified copy of the court order 21
shall be proof of the authority of the Department of Juvenile Justice or the cabinet, 22
facility, or agency to hold the child. The[Such] certified order shall be sufficient 23
authority for any law enforcement officer to take into custody any person named in 24
the order[therein] and deliver him or her to [such ]a place as shall be directed by 25
the Department of Juven ile Justice or the cabinet, facility, or agency given custody 26
of him or her in the order. 27
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(5) In placing a child on probation in a home or boarding home, or in committing a 1
child to a child -caring facility or child -placing agency, the court shall as far as 2
practicable select a home, facility, or agency operated or governed by persons of a 3
similar religious faith as the parents of the child. 4
(6) Upon motion of the child and agreement of the Department of Juvenile Justice or 5
the cabinet, as appropriate, the c ourt may authorize an extension of commitment up 6
to age twenty -one (21) for the purpose of permitting the Department of Juvenile 7
Justice or the cabinet, as appropriate, to assist the child in establishing independent 8
living arrangements if a return to the child's home is not in his or her best interest. 9
Section 18. KRS 610.340 is amended to read as follows: 10
(1) (a) Unless a specific provision of KRS Chapters 600 to 645 specifies otherwise, 11
all juvenile court records of an y nature generated pursuant to KRS Chapters 12
600 to 645 by any agency or instrumentality, public or private, shall be 13
deemed to be confidential and shall not be disclosed except to the child, 14
parent, victims, or other persons authorized to attend a juvenile court hearing 15
pursuant to subsection (3) of Section 14 of this Act [KRS 610.070] unless 16
ordered by the court for good cause. 17
(b) Juvenile court records which contain information pertaining to arrests, 18
petitions, adjudications, and dispositions of a child may be disclosed to 19
victims or other persons authorized to attend a juvenile court hearing pursuant 20
to subsection (3) of Section 14 of this Act[KRS 610.070]. 21
(c) Release of the child's treatment, medical, mental, or psychological records is 22
prohibited unless presented as evidence in Circuit Court. Any records 23
resulting from the child's prior abuse and neglect under Title IV-E or Title IV-24
B of the Federal Social Sec urity Act shall not be disclosed to victims or other 25
persons authorized to attend a juvenile court hearing pursuant to subsection 26
(3) of Section 14 of this Act[KRS 610.070]. 27
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(d) Victim access under this subsection to juvenile court records shall include 1
access to records of adjudications that occurred prior to July 15, 1998. 2
(2) [The provisions of ] This section shall not apply to public officers or employees 3
engaged in the investigation of and in the prosecution of cases under KRS Chapters 4
600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained 5
pursuant to this subsection shall be used for official use only, shall not be disclosed 6
publicly, and shall be exempt from disclosure under the Open Records Act, KRS 7
61.870 to 61.884. 8
(3) [The provisions of ] This section shall not apply to any peace officer, as defined in 9
KRS 446.010, who is engaged in the investigation or prosecution of cases under 10
KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any 11
record obtaine d pursuant to this subsection shall be [used ] for official use only, 12
shall not be disclosed publicly, and shall be exempt from disclosure under the Open 13
Records Act, KRS 61.870 to 61.884 . In accordance with this subsection, the 14
Administrative Office of the Courts shall permit a peace officer as defined in KRS 15
446.010 access to juvenile and family court records generated under KRS 16
Chapters 600 to 645. A peace officer under this subsection shall only access 17
records necessary to carry out his or her lawfully authorized duties. 18
(4) [The provisions of ] This section shall not apply to employees of the Department of 19
Juvenile Justice or cabinet or its designees responsible for any services under KRS 20
Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS 21
Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised 22
Statutes. 23
(5) [The provisions of ] This section shall not apply to records disclosed pursuant to 24
KRS 610.320 or to public or private elementary and secondary schoo l 25
administrative, transportation, and counseling personnel, to any teacher or school 26
employee with whom the student may come in contact, or to persons entitled to 27
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have juvenile records under KRS 610.345, if the possession and use of the records 1
is in compliance with the provisions of KRS 610.345 and this section. 2
(6) [The provisions of ] This section shall not apply to employees of local law 3
enforcement agencies, the Department of Kentucky State Police, or the Federal 4
Bureau of Investigation engaged in condu cting background checks for the sole 5
purpose of identifying and providing potentially disqualifying juvenile public 6
offense records to the National Instant Criminal Background Check System 7
pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities Act, 8
Pub. L. No. 117 -159. Notwithstanding KRS 635.040, an adjudication for a public 9
offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), (3), or 10
(9). Any public offense record obtained pursuant to this subsection shall be used for 11
official use only, not be disclosed publicly, and be exempt from disclosure under 12
the Open Records Act, KRS 61.870 to 61.884. 13
(7) (a) [The provisions of ] This section shall not apply to records or proceedings in 14
any case in which a child has ma de an admission to or been adjudicated for a 15
violent felony offense as defined in KRS 532.200 until the expiration of a 16
three (3) year period from the date of admission or adjudication. 17
(b) If the child has not received any additional public offense convic tions during 18
the three (3) year period from the date of admission or adjudication, all 19
records in the case shall be automatically sealed and shall not be disclosed 20
consistent with the provisions of this section. 21
(c) As used in this subsection, "admission" means a formal admission in a case, 22
on the record, upon the waiving of an adjudication hearing. 23
(8) A[No] person, including school personnel, shall not disclose any confidential record 24
or any information contained therein except as permitted by this sectio n or other 25
specific section of KRS Chapters 600 to 645, or except as permitted by specific 26
order of the court. 27
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(9) A[No] person, including school personnel, authorized to obtain records pursuant to 1
KRS Chapters 600 to 645 shall not obtain or attempt to obt ain confidential records 2
to which he or she is not entitled or for purposes for which he or she is not 3
permitted to obtain them pursuant to KRS Chapters 600 to 645. 4
(10) A[No] person, including school personnel, not authorized to obtain records pursuant 5
to KRS Chapters 600 to 645 shall not obtain or attempt to obtain records which are 6
made confidential pursuant to KRS Chapters 600 to 645 except upon proper motion 7
to a court of competent jurisdiction. 8
(11) A[No] person shall not destroy or attempt to destroy any record required to be kept 9
pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to 10
KRS Chapters 600 to 645 and is authorized by the court upon proper motion and 11
good cause for the destruction being shown. 12
(12) As used in th is section the term "KRS Chapters 600 to 645" includes any 13
administrative regulations which are lawfully promulgated pursuant to KRS 14
Chapters 600 to 645. 15
(13) [Nothing in ] This section shall not be construed to prohibit a crime victim from 16
speaking publicly after the adjudication about his or her case on matters within his 17
or her knowledge or on matters disclosed to the victim during any aspect of a 18
juvenile court proceeding. 19
Section 19. KRS 610.345 is amended to read as follows: 20
(1) When a child is adjudicated guilty of an offense which classifies him or her as a 21
youthful offender, the judge in the court in which the matter was tried shall direct 22
the clerk to notify the superintendent and the director of pupil personnel of the 23
public school district in which the child is enrolled , or the principal of any private 24
elementary or secondary school which the child attends , of the adjudication and the 25
petition and disposition of the case. 26
(2) When a child is adjudicated guilty of an offense which would classify him or her as 27
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a violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A, 1
508, 510, or 527 if committed by an adult, but which would not classify him or her 2
as a youthful offender, the judge in the court i n which the matter was tried shall 3
direct the clerk to notify the superintendent and the director of pupil personnel of 4
the public school district in which the child is enrolled , or the principal of any 5
private elementary or secondary school which the chil d attends, of the charge, the 6
adjudication, and the disposition of the case. 7
(3) When a child is the respondent or petitioner for a domestic violence order issued 8
under KRS 403.740, or an interpersonal protective order issued under KRS 9
456.060, the judge in the court in which the matter was tried shall direct the clerk 10
to notify: 11
(a) The superintendent and director of pupil personnel of the public school 12
district in which the child is enrolled, or the principal of any private 13
elementary or secondary school which the child attends; and 14
(b) The school resource officer or any other contrac t employee hired to provide 15
security services for the school. 16
(4) When a court -designated worker receives notice that a county attorney has made a 17
determination pursuant to KRS 635.010(1) that probable cause exists to file a public 18
offense petition allegin g that the child committed an offense that, if committed by 19
an adult, would be a: 20
(a) Felony; or 21
(b) Misdemeanor involving: 22
1. A controlled substance; 23
2. The possession, carrying, or use of a deadly weapon; 24
3. Physical injury to another person; 25
4. Sexual contact; 26
5. Sexual intercourse; or 27
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6. Deviate sexual intercourse; 1
the court -designated worker shall notify the superintendent and the director of 2
pupil personnel of the public school district in which the child is enrolled , or the 3
principal of any private elementary or secondary school which the child attends , of 4
the charge. If the complaint is successfully diverted, the court -designated worker 5
shall notify the superintendent and the director of pupil personnel, or the principal 6
of the successful diversion, and all records of the incident or notification created in 7
the school district or the school under this subsection shall be destroyed and shall 8
not be included in the child's school records. 9
(5)[(4)] When a child is adjudicated guilty of an offense that meets the criteria set 10
forth in subsection (4)[(3)](a) or (b) of this section, the judge in the court in which 11
the matter is considered shall direct the cl erk to notify the superintendent and the 12
director of pupil personnel of the public school district in which the child is 13
enrolled, or the principal of any private elementary or secondary school that the 14
child attends, of the charge, the adjudication, and t he disposition of the case. If the 15
petition is dismissed or informally adjusted, the clerk shall notify the superintendent 16
and the director of pupil personnel, or the principal of the disposition, and all 17
records of the incident or notification created in the school district or the school 18
under this subsection shall be destroyed and shall not be included in the child's 19
school records. 20
(6)[(5)] The notifications required in subsections (1) to (5)[(4)] of this section shall be 21
made within twenty-four (24) hours of the county attorney's determination pursuant 22
to KRS 635.010(1), successful completion of diversion, or entry of the court order. 23
The name of the complainant shall be deleted. The county attorney may, upon 24
request by the school district or the school, provide a statement of the facts in the 25
case, not to include the complainant's name. 26
(7)[(6)] Notice to a district superintendent referenced in subsections (1) to (5)[(4)] of 27
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this section shall be released by the superintendent to the principal of the sch ool in 1
which the child is enrolled. A principal of a public or private school receiving 2
notice shall release the information to any school resource officer or employees of 3
the school having responsibility for classroom instruction or counseling of the child, 4
and may release it to other school personnel as described in subsection (8)[(7)] of 5
this section, but the information shall otherwise be confidential and shall not be 6
shared by school personnel with any other person or agency except as may 7
otherwise be required by law. [ The notification in writing of the nature of the 8
offense committed by the child and any probation requirements shall not become a 9
part of the child's student record.] 10
(8)[(7)] Records or information disclosed pursuant to this section shal l be limited to 11
records of that student's criminal petition and the disposition of the petition[thereof] 12
covered by this section, shall be subject to the provisions of KRS 610.320 and 13
610.340, and shall not be disclosed to any other person, including schoo l personnel, 14
except to a district superintendent, director of pupil personnel, public or private 15
elementary and secondary school administrative, transportation, and counseling 16
personnel, and to any school resource officer, teacher, or school employee with 17
whom the student may come in contact. This section shall not authorize the 18
disclosure of any other juvenile record or information relating to the child. 19
(9)[(8)] The Department of Juvenile Justice shall provide a child's offense history 20
information pursuan t to this section to the superintendent and director of pupil 21
personnel of the local school district in which the child, who is committed to the 22
department, is placed. 23
(10)[(9)] Records or information received by the school pursuant to this section shall: 24
(a) Be kept in a locked file, when not in use, to be opened only on permission of 25
the administrator or any school resource officer; and 26
(b) For the purposes of destruction required in this section, not include education 27
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records, as defined in KRS 160.700, created by the school. 1
(11)[(10)] A superintendent and a director of pupil personnel of a public school district 2
may designate an employee of the school district to receive notices and carry out 3
the superintendent's and director of pupil personnel's responsibilities under this 4
section. The superintendent or the director shall provide the clerk and the court -5
designated worker with notice of any designation and the name and contact 6
information for the superintendent's or director's designee. 7
Section 20. KRS 635.010 is amended to read as follows: 8
(1) The county attorney shall cause a review to be made of each complaint alleging that 9
a public offense has been committed. The purpose of this review shall be to 10
determine from the available evidence whether there are reasonable grounds to 11
believe that the alleged facts would constitute a public offense. The county attorney 12
may elect not to proceed with the complaint, regardless of whether reasonable 13
grounds exist, and dismiss the complaint. 14
(2) The county attorney, upon receipt of a request for special revie w, shall consider the 15
facts presented by the complainant and by the court -designated worker who made 16
the recommendation that no petition be filed, before the county attorney makes a 17
final decision as to whether a public offense petition shall or shall not be filed. 18
(3) In all cases in which the child is alleged to have committed a public offense and is 19
not detained, the court -designated worker shall submit his or her written 20
recommendation to the county attorney or designee within twenty (20) days, 21
exclusive of weekends and holidays, from the date the child was taken into custody 22
or the complaint was filed. In cases where the child is detained, the court -23
designated worker's report shall be submitted within seventy -two (72) hours of the 24
time the child is ordered detained. 25
(4) [The county attorney may not file a petition if the complaint is a misdemeanor and 26
the child who is the subject of the diversion agreement has no prior adjudications 27
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and no prior diversions. 1
(5) ]If a public offense petition is filed, it shall be verified by information and belief 2
and contain the information listed in KRS 610.020. 3
Section 21. KRS 635.020 is amended to read as follows: 4
(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a 5
defendant[child] before the court has committed a felony other than those described 6
in subsections (2) and (3) of this section, a misdemeanor, or a violation, the court 7
shall initially proceed in accordance with the provisions of this chapter. 8
(2) (a) Any other provision of KRS Chapter 600 to 645 notwithstanding, if a 9
defendant[child] charged with an offense which would classify the 10
defendant as a violent offender as defined in KRS 439.3401, or a capital 11
offense, Class A felony, or Class B felony, had attained age fourteen (14) at 12
the time of the alleged commission of the offense, the court shall, upon 13
motion of the county attorney made prior to adjudication, and after the county 14
attorney has consulted with the Commonwealth's attorney, tha t the 15
defendant[child] be proceeded against as a youthful offender, proceed in 16
accordance with paragraph (b) of this subsection [the provisions of KRS 17
640.010]. 18
(b) The defendant shall be transferred to the Circuit Court for trial as an adult 19
if, following a preliminary hearing, the District Court finds probable cause 20
to believe that: 21
1. The defendant committed an offense which would classify the 22
defendant as a viole nt offender as defined in KRS 439.3401, or a 23
capital offense, Class A felony, or Class B felony; and 24
2. The defendant was fourteen (14) years of age or older at the time of 25
the commission of the alleged violent offense. 26
(c) If convicted in the Circuit Co urt, he or she shall be subject to the same 27
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penalties as an adult offender, except that until he or she reaches the age of 1
eighteen (18) years, he or she shall be confined in a facility for juveniles or 2
for youthful offenders, unless the provisions of KRS 635.025 apply or unless 3
he or she is released pursuant to expiration of sentence or parole, and at 4
age eighteen (18) he or she shall be returned to the sentencing Circuit Court 5
for proceedings consistent with KRS 640.030(2). 6
(d) If he or she is convicted in the Circuit Court and is returned to the 7
sentencing Circuit Court for proceedings consistent with KRS 640.030(2), 8
he or she shall not be eligible for probation or conditional discharge. 9
(3) If a defendant[child] charged with a Class C or Class D felony has on one (1) prior 10
separate occasion been adjudicated a public offender for a felony offense and had 11
attained the age of sixteen (16) at the time of the alleged commission of the offense, 12
the court shall, upon motion of the county attorney made prior to adjudication, and 13
after the county attorney has consulted with the Commonwealth's attorney, that the 14
defendant[child] be proceeded against as a youthful offender, proceed in 15
accordance with the provisions of KRS 640.010. 16
(4) (a) If a defendant[child] charged with a felony had attained the age of fourteen 17
(14) years at the time of the commission of the alleged offense in which a 18
firearm, whether functional or not, was used by the defendant[child] in the 19
commission of the offense, the court shall, upon motion of the county attorney 20
made prior to adjudication, and after the county attorney has consulted with 21
the Commonwealth's attorney, that the defendant[child] be proceeded against 22
as a youthful offender, proceed in accordance with KRS 640.010. 23
(b) 1. Any othe r provision of KRS Chapters 610 to 645 to the contrary 24
notwithstanding, if a defendant[child] charged with a capital offense, 25
Class A, B, or C felony had attained the age of fifteen (15) years at the 26
time of the commission of the alleged offense in which a firearm, 27
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whether functional or not, was used by the defendant[child] in the 1
commission of the offense, the court shall, upon motion of the county 2
attorney made prior to adjudication and after consultation with the 3
Commonwealth's attorney, that the defendant[child] be proceeded 4
against as a youthful offender, proceed in accordance with subparagraph 5
2. of this paragraph. 6
2. The defendant[child] shall be transferred to the Circuit Court for trial as 7
an adult if, following a preliminary hearing, the Dis trict Court finds 8
probable cause to believe that: 9
a. The defendant[child] committed a capital offense, Class A, B, or 10
C felony; 11
b. A firearm was used by the defendant[child] in the commission of 12
that felony; and 13
c. The defendant[child] was fifteen (15) years of age or older at the 14
time of the commission of the alleged felony. 15
3. [a. After consulting with the county attorney, the Commonwealth's 16
attorney may transfer the child back to District Court if the 17
Commonwealth's attorney determines that it is in t he best interest 18
of the public and the child to do so. 19
b. ]After considering the factors in KRS 640.010(2)(c), the Circuit 20
Court may transfer the defendant[child] back to District Court if 21
the Circuit Court finds that less than two (2) factors specified in 22
KRS 640.010(2)(c) favor keeping the defendant[child] in Circuit 23
Court. 24
4. If convicted in the Circuit Court, he or she shall be subject to the same 25
penalties as an adult offender, except that until he or she reaches the age 26
of eighteen (18) years, he or s he shall be confined in a facility for 27
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juveniles or for youthful offenders, unless the provisions of KRS 1
635.025 apply or unless he or she is released pursuant to expiration of 2
sentence or parole, and at age eighteen (18) he or she shall be returned 3
to the sentencing Circuit Court for proceedings consistent with KRS 4
640.030(2). 5
5. If convicted in the Circuit Court and he or she is returned to the 6
sentencing Circuit Court for proceedings consistent with KRS 7
640.030(2), he or she shall not be eligible for pro bation or conditional 8
discharge. 9
(5) (a) Any other provision of KRS Chapters 600 to 645 to the contrary 10
notwithstanding, if a defendant[child] previously convicted as a youthful 11
offender under the provisions of KRS Chapter 640 is charged with a felony 12
allegedly committed prior to his or her eighteenth birthday, the court shall, 13
upon motion of the county attorney made prior to adjudication, and after the 14
county attorney has consulted with the Commonwealth's attorney, that the 15
defendant[child] be proceeded ag ainst as a youthful offender, proceed in 16
accordance with paragraph (b) of this subsection [the provisions of KRS 17
640.010]. 18
(b) The defendant shall be transferred to the Circuit Court for trial as an adult 19
if, following a preliminary hearing, the District Co urt finds probable cause 20
to believe that: 21
1. The defendant was previously convicted as a youthful offender under 22
KRS Chapter 640; and 23
2. The defendant was younger than eighteen (18) years of age at the time 24
of the commission of the alleged felony. 25
(c) If c onvicted in the Circuit Court, he or she shall be subject to the same 26
penalties as an adult offender, except that until he or she reaches the age of 27
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eighteen (18) years, he or she shall be confined in a facility for juveniles or 1
for youthful offenders, unless the provisions of KRS 635.025 apply or unless 2
he or she is released pursuant to expiration of sentence or parole, and at 3
age eighteen (18) he or she shall be returned to the sentencing Circuit Court 4
for proceedings consistent with KRS 640.030(2). 5
(d) If he or she is convicted in the Circuit Court and he or she is returned to the 6
sentencing Circuit Court for proceedings consistent with KRS 640.030(2), 7
he or she shall not be eligible for probation or conditional discharge. 8
(6) A defendant[child] who is ch arged as is provided in subsection (2) of this section 9
and is also charged with a Class C or D felony, a misdemeanor, or a violation 10
arising from the same course of conduct shall have all charges included in the same 11
proceedings; and the court shall, upon motion of the county attorney made prior to 12
adjudication, and after the county attorney has consulted with the Commonwealth's 13
attorney, that the defendant[child] be proceeded against as a youthful offender, 14
proceed in accordance with the provisions of subsection (2)(b) of this section [KRS 15
640.010]. 16
(7) If a person who is eighteen (18) or older and before the court is charged with a 17
felony that occurred prior to his or her eighteenth birthday, the court shall, upon 18
motion of the county attorney made prior to adjudication, and after the county 19
attorney has consulted with the Commonwealth's attorney, that the defendant[child] 20
be proceeded against as a youthful offender, proceed in accordance with the 21
provisions of KRS 640.010. 22
(8) All offenses arising out of the same course of conduct shall be tried with the felony 23
arising from that course of conduct, whether the charges are adjudicated under this 24
chapter or under KRS Chapter 640 and transferred to Circuit Court. 25
Section 22. KRS 635.040 is amended to read as follows: 26
No adj udication by a juvenile session of District Court shall be deemed a conviction, 27
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except when considered for an enhanced disposition or sentence in the juvenile session 1
of District Court or in Circuit Court. Nor shall such adjudication operate to impose any 2
of the civil disabilities ordinarily resulting from a criminal conviction, nor shall any child 3
be found guilty or be deemed a criminal by reason of such adjudication. 4
Section 23. KRS 635.060 is amended to read as follows: 5
If in its decree the juvenile court finds that the child comes within the purview of this 6
chapter, the court, at the dispositional hearing, may impose any combination of the 7
following, except that the court sh all, if a validated risk and needs assessment tool is 8
available, consider the validated risk and needs assessment submitted to the court and 9
parties by the Department of Juvenile Justice or other agency before imposing any 10
disposition: 11
(1) Order the child or his or her parents, guardian, or person exercising custodial 12
control to make restitution or reparation to any injured person to the extent, in the 13
sum and upon the conditions as the court determines. However, no parent, guardian, 14
or person exercising cu stodial control shall be ordered to make restitution or 15
reparation unless the court has provided notice of the hearing, provided opportunity 16
to be heard, and made a finding that the person's failure to exercise reasonable 17
control or supervision was a substantial factor in the child's delinquency; 18
(2) (a) Place the child: 19
1. Under parental supervision in the child's own home or in a suitable 20
home or boarding home, upon the conditions that the court shall 21
determine, or 22
2. On probation under conditions that the court shall determine. 23
(b) 1. At the time the child is placed on probation, the court shall explain to 24
the child the sanctions that[which] may be imposed if the court's 25
conditions are violated, and shall include notice of those sanctions as 26
part of its w ritten order of probation. A child placed on probation shall 27
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be subject to the visitation and supervision of a probation officer or an 1
employee of the Department of Juvenile Justice. 2
2. The conditions of probation shall include authorization for the use of 3
graduated sanctions prior to a court review for the imposition of a term 4
of detention. If the court has previously imposed graduated sanctions for 5
a violation of conditions of supervision by a child monitored by the 6
court, or makes a finding that the grad uated sanctions have previously 7
been imposed for a child on probation, then the court may impose a 8
sanction of up to one hundred eighty (180) [thirty (30)] days' detention 9
for a violation of the conditions of supervision or probation. A court 10
may not impose detention prior to use of graduated sanctions unless 11
there is clear and convincing evidence that there are no graduated 12
sanctions available that are appropriate for the child and the child is an 13
immediate threat to himself or herself, or others. Except wh ere 14
commitment has been probated pursuant to subsection (5) of this 15
section, a child may not be committed or recommitted to the Department 16
of Juvenile Justice for a violation of a condition of probation. 17
(c) A child placed on probation or supervision with court monitoring shall remain 18
subject to the jurisdiction of the court as follows, except that if a person is 19
placed on probation after the person reaches the age of seventeen (17) years 20
and six (6) months, the probation shall be for a period not to exceed one (1) 21
year: 22
1. If the child was adjudicated for an offense that would be a violation if 23
committed by an adult, the period of probation or supervision shall not 24
exceed thirty (30) days, except that the court may order up to three (3) 25
months of supervision if the court-ordered treatment includes a program 26
that requires longer than thirty (30) days to complete; 27
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2. If the child was adjudicated for an offense that would be a misdemeanor 1
if committed by an adult, other than an offense for which a child has 2
been declared a juvenile sex offender under KRS 635.510 or an offense 3
involving a deadly weapon, the period of probation or supervision shall 4
not exceed [six (6) months, except that the court may order up to ]twelve 5
(12) months [ of supervision if the court -ordered substance abuse or 6
mental health treatment includes a program that requires longer than six 7
(6) months to complete]; or 8
3. If the child was adjudicated for an offense that would be a [Class D 9
]felony if committed by an adult, [other than an offense f or which a 10
child has been declared a juvenile sex offender under KRS 635.510 or 11
an offense involving a deadly weapon, the period of probation or 12
supervision shall not exceed twelve (12) months; or 13
4. If the child was adjudicated for an offense that would b e a felony 14
offense if committed by an adult, other than a Class D felony offense, 15
]or for an offense involving a deadly weapon, or for an offense in which 16
the child has not been declared a sexual offender pursuant to KRS 17
635.510, the child may be placed on probation up to age eighteen (18); 18
(3) (a) If the child was adjudicated for an offense other than an offense that would be 19
a violation if committed by an adult, order the child confined in an approved 20
secure detention facility or detention program, as aut horized by KRS Chapter 21
15A, as follows: 22
1. If the child is fourteen (14) years of age but less than sixteen (16) years 23
of age, the child may be confined for a period of time not to exceed 24
ninety (90)[forty-five (45)] days; or 25
2. If the child is sixteen (16 ) years of age or older, the child may be 26
confined for a period of time not to exceed one hundred eighty 27
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(180)[ninety (90)] days. 1
(b) Any child detained under this section, other than a child previously assessed 2
pending a detention hearing, shall be assess ed by a mental health professional 3
to determine if the child exhibits behavior that indicates the child could 4
benefit from cognitive behavioral therapy, other evidence -based behavioral 5
health programs, substance use disorder treatment, or treatment in a 6
psychiatric facility for serious mental illness. Any treatment recommended 7
under this paragraph shall be provided by the Department of Juvenile Justice 8
and may be provided pursuant to a contract between the Justice and Public 9
Safety Cabinet and a behavioral health services organization. 10
(c) The Justice and Public Safety Cabinet may enter into a contract or contracts 11
with at least one (1): 12
1. Mental health professional whose communications with the child shall 13
be confidential in conformity with the Kentucky Ru les of Evidence, to 14
provide the assessment required by paragraph (b) of this subsection; and 15
2. Behavioral health services organization that is accredited and qualified 16
to provide behavioral health treatment. 17
(d) Behavioral health services organizations contracted pursuant to paragraph (c) 18
of this subsection may utilize restorative practices designed to hold the 19
participant accountable to the victim if there is an identified victim and, in the 20
professional opinion of the behavioral health service provider, it is safe to do 21
so. 22
(e) The Department of Juvenile Justice shall pay for the confinement of children 23
confined pursuant to this subsection in accordance with the statewide 24
detention plan and administrative regulations implementing the plan; 25
(4) (a) Order the child to be committed or recommitted to the custody of the 26
Department of Juvenile Justice, grant guardianship to a child-caring facility or 27
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a child -placing agency authorized to care for the child, or place the child 1
under the custody and supervision of a suitable person[ if: 2
1. The child was adjudicated for an offense that would be a misdemeanor 3
or Class D felony if committed by an adult and the child has at least 4
three (3) prior adjudications, excluding prior a djudications of offenses 5
designated as a violation, or at least four (4) prior adjudications of 6
violations, which do not arise from the same course of conduct; or 7
2. The child was adjudicated for an offense involving a deadly weapon, an 8
offense in which th e child has been declared a juvenile sexual offender 9
under KRS 635.510, or an offense that would be a felony offense if 10
committed by an adult, other than a Class D felony]. 11
(b) The commitment shall be for the following term, subject to KRS 635.070 and 12
the power of the court to terminate the order and discharge the child prior 13
thereto: 14
1. If the child was adjudicated for an offense that would be a misdemeanor 15
if committed by an adult, other than an offense for which a child has 16
been declared a juvenile sex o ffender under KRS 635.510 or an offense 17
involving a deadly weapon, the child may be committed for a period not 18
to exceed twelve (12) months, including all time spent in the treatment 19
plan established pursuant to KRS 15A.0652; 20
2. If the child was adjudicate d for an offense that would be a Class D 21
felony if committed by an adult, other than an offense for which a child 22
has been declared a juvenile sex offender under KRS 635.510 or an 23
offense involving a deadly weapon, the child may be committed for a 24
period no less than six (6) months, and up to the age eighteen (18) [not 25
to exceed eighteen (18) months] , including all time spent in the 26
treatment plan established pursuant to KRS 15A.0652; 27
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3. If the child was adjudicated for an offense that would be a felony 1
offense if committed by an adult, other than a Class D felony offense, or 2
an offense involving a deadly weapon, the child may be committed for a 3
period no less than twelve (12) months, and up to age eighteen (18); 4
4. If the child was adjudicated for an offense that results in the child being 5
declared a juvenile sexual offender, the commitment shall be as 6
provided in KRS 635.515; 7
5. The court, in its discretion, upon motion by the child and with the 8
concurrence of the Department of Juvenile Justice, may authoriz e an 9
extension of commitment up to age twenty -one (21) to permit the 10
Department of Juvenile Justice to assist the child in establishing 11
independent living arrangements; and 12
6. If a child is committed after the child reaches the age of seventeen (17) 13
years and six (6) months, and except as provided in subparagraph 4. of 14
this paragraph, the commitment shall be for a period not to exceed one 15
(1) year. 16
(c) The Department of Juvenile Justice shall: 17
1. Accept physical custody of a child who is detained in an appr oved 18
secure juvenile detention facility in accordance with KRS 15A.200 to 19
15A.240 at the time the child is committed or recommitted to the 20
custody of the Department of Juvenile Justice. The Department of 21
Juvenile Justice shall remove the child from the app roved secure 22
juvenile detention facility and secure appropriate placement as soon as 23
possible but not to exceed thirty -five (35) days of the time of 24
commitment or recommitment; and 25
2. Pay for the cost of detention from the date of commitment or 26
recommitment, on the current charge, until the child is removed from 27
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the detention facility and placed. 1
(d) All orders of commitment may include advisory recommendations the court 2
may deem proper in the best interests of the child and of the public. 3
(e) Any child committed under this section, other than a child previously assessed 4
pending a detention hearing, shall be assessed by a mental health professional 5
to determine if the child exhibits behavior that indicates the child could 6
benefit from cognitive behavioral th erapy, other evidence -based behavioral 7
health programs, substance use disorder treatment, or treatment in a 8
psychiatric facility for serious mental illness. Any treatment recommended 9
under this paragraph shall be provided by the Department of Juvenile Just ice 10
and may be provided pursuant to a contract between the Justice and Public 11
Safety Cabinet and a behavioral health services organization. 12
(f) The Justice and Public Safety Cabinet may enter into a contract or contracts 13
with at least one (1): 14
1. Mental health professional whose communications with the child shall 15
be confidential in conformity with the Kentucky Rules of Evidence, to 16
provide the assessment required by paragraph (e) of this subsection; and 17
2. Behavioral health services organization that is ac credited and qualified 18
to provide behavioral health treatment. 19
(g) Behavioral health services organizations contracted pursuant to paragraph (f) 20
of this subsection may utilize restorative practices designed to hold the 21
participant accountable to the victim if there is an identified victim and, in the 22
professional opinion of the behavioral health service provider, it is safe to do 23
so; or 24
(5) (a) The court may probate or suspend a commitment ordered pursuant to 25
subsection (4) of this section, except that if a court probates or suspends a 26
commitment in conjunction with any other dispositional alternative, that fact 27
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shall be explained to the juvenile and contained in a written order. 1
(b) Any probation or suspension imposed shall not exceed the time limitations 2
established under subsection (2) of this section. 3
(c) If the child successfully completes the conditions of probation, the court shall 4
terminate the case. 5
(d) 1. The court may, for violations of the conditions of probation, revoke the 6
probation or suspensio n ordered under this section and order the child 7
committed. 8
2. The period of the commitment shall not exceed the terms established 9
under subsection (4) of this section. 10
3. Any time a child has spent in out -of-home placement as a result of a 11
violation of a condition of probation or suspension under this section 12
shall be credited toward the period of commitment. 13
4. If a commitment is probated or suspended after a child reaches the age 14
of seventeen (17) years and six (6) months, the period of the suspension, 15
and commitment if revoked, shall be for a period not to exceed o ne (1) 16
year, but not to exceed age nineteen (19). 17
Section 24. The following KRS section is repealed: 18
605.035 Family accountability, intervention, and response teams -- Purpose -- 19
Membership. 20