AN ACT relating to juvenile justice.

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AN ACT relating to juvenile justice. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 200 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Behavioral assessment" means an evaluation of a child by a clinical 6
professional, which may occur in person, remotely, or through the rev iew of 7
clinical records; 8
(b) "Clinical professional" means a licensed clinician employed by, or 9
associated with, an inpatient psychiatric hospital or pediatric teaching 10
hospital, who is qualified to make a clinical determination whether a child 11
meets criteria for admission to an inpatient psychiatric hospital or pediatric 12
teaching hospital for inpatient psychiatric care; 13
(c) "Department" means the Department for Behavioral Health, 14
Developmental and Intellectual Disabilities; 15
(d) "High acuity youth" means a child who has been determined by a clinical 16
professional, following a behavioral assessment, to need an environment 17
and sp ecialized treatment capable of addressing manifest aggression, 18
violence toward persons, or property destruction; 19
(e) "Inpatient psychiatric hospital" means a hospital, other than a state mental 20
hospital, that is licensed pursuant to KRS Chapter 216B to pr ovide inpatient 21
psychiatric services; and 22
(f) "Pediatric teaching hospital" has the same meaning as in KRS 205.565. 23
(2) A child who is charged with a public offense or subject to a court order to receive 24
inpatient psychiatric treatment pursuant to the Kent ucky Unified Juvenile Code 25
shall, prior to being admitted to an inpatient psychiatric hospital or pediatric 26
teaching hospital, undergo a behavioral assessment by a clinical professional to 27
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determine whether the child qualifies as a high acuity youth. 1
(3) (a) If a clinical professional determines that the child qualifies as a high acuity 2
youth following a behavioral assessment, the clinical professional shall 3
contact the: 4
1. Designated representative of the department or other designated 5
representative of the cabinet; and 6
2. Designated representative of the Department of Juvenile Justice; 7
to discuss the immediate treatment plan for the child. 8
(b) The clinical professional shall prepare an affidavit, with any documents in 9
support of the affidavit, for submiss ion to the department, the Department 10
of Juvenile Justice, and the court. The affidavit shall include: 11
1. A summary of the clinical evidence that the clinical professional relied 12
upon for the determination that the child qualifies as a high acuity 13
youth; 14
2. A recommendation of the appropriate location for any recommended 15
treatment services for the high acuity youth and the basis for the 16
recommendation, based upon the child's needs and the capabilities of 17
the inpatient psychiatric hospital or pediatric teac hing hospital, or 18
whether treatment on an outpatient basis may be provided at a 19
detention facility for a child in the custody of the Department of 20
Juvenile Justice or at a location specified by the department if the 21
child is in the custody of the cabinet; and 22
3. Contact information from the inpatient psychiatric hospital or 23
pediatric teaching hospital for one (1) or more clinical professionals 24
who can provide the types of services for the high acuity youth at a 25
detention facility or location designated by t he department if it is 26
determined in the best interests of the child that the child should 27
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receive psychiatric services other than inpatient treatment services. 1
(4) (a) If the representative of the department and the representative of the 2
Department of Juv enile Justice agree with the recommendations of the 3
clinical professional, a conference affidavit establishing an initial treatment 4
plan shall be submitted to the court on a form provided by the 5
Administrative Office of the Courts within twenty -four (24) h ours of the 6
delivery of the initial affidavit under subsection (3) of this section. 7
(b) If the representative of the department and the representative of the 8
Department of Juvenile Justice do not agree to the treatment 9
recommendations of the clinical profe ssional, either party or both parties 10
shall submit an affidavit of dissent to the court on a form provided by the 11
Administrative Office of the Courts that states the clinical basis for the 12
objection, and may include a recommendation for an alternate plan, facility, 13
or assessment. The dissenting affidavit shall be signed by a physician who 14
can speak directly to the clinical basis for submitting the dissenting 15
affidavit. 16
(5) Following submission of a conference affidavit or an affidavit of dissent, the 17
court shall enter an order regarding the course of treatment or may schedule a 18
hearing to determine a treatment plan for the high acuity youth. 19
(6) Notwithstanding any other law to the contrary, the court shall not order a high 20
acuity youth for inpatient treatme nt within an inpatient psychiatric hospital or 21
pediatric teaching hospital without agreement of the hospital, the department, 22
and the Department of Juvenile Justice unless the court determines by clear and 23
convincing evidence that the inpatient psychiatric hospital or pediatric teaching 24
hospital has the resources and capabilities to treat the high acuity youth in a 25
manner that does not pose a danger to the high acuity youth or the hospital's 26
patients and staff. This subsection shall not be construed to requ ire an inpatient 27
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psychiatric hospital or pediatric teaching hospital to admit a child if doing so 1
would be in violation of federal law. 2
(7) (a) If the treatment plan approved or ordered by the court involves the 3
admission of a high acuity youth to an inpat ient psychiatric hospital or 4
pediatric teaching hospital, then the provision of inpatient services by the 5
inpatient psychiatric hospital or pediatric teaching hospital shall be 6
reimbursed by the Department of Medicaid Services at no less than two 7
hundred percent (200%) of the then current inpatient psychiatric hospital's 8
or pediatric teaching hospital's Medicaid inpatient rate to account for the 9
acuity and intensity of health care items and services necessary for 10
treatment of high acuity youth, the provisio ns of KRS 202A.271 11
notwithstanding. 12
(b) For any admission under this subsection, the inpatient psychiatric hospital 13
or pediatric teaching hospital shall provide: 14
1. An updated treatment plan in addition to the initial treatment plan, if 15
needed, within ten (10) days from the filing of the initial affidavit; and 16
2. Status reports to the department or the Department of Juvenile 17
Justice, as applicable, upon request or as ordered by the court. 18
(c) Any dispute that arises between the inpatient psychiatric hospita l or 19
pediatric teaching hospital, the department, and the Department of Juvenile 20
Justice shall be resolved in the manner provided in subsections (3), (4), and 21
(5) of this section, and any party may request court review at any time 22
during the period of treatment. 23
(8) (a) If a high acuity youth is admitted to an inpatient psychiatric hospital or 24
pediatric teaching hospital for treatment pursuant to a court order issued 25
under this section, and the high acuity youth commits an act of violence or 26
incites violence against any of the hospital's patients, staff, or visitors, the 27
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inpatient psychiatric hospital or pediatric teaching hospital may file an 1
affidavit with the department or other designated representative of the 2
cabinet, or the Department of Juvenile Justi ce, as applicable, and with the 3
court, and the youth shall be: 4
1. Discharged from the hospital; and 5
2. Immediately returned by the department or the Department of 6
Juvenile Justice, as applicable, to the youth's last place of custody or 7
residence unless another location is ordered by the court. 8
(b) This subsection shall not preclude any person from filing a complaint in 9
reference to the youth pursuant to KRS 610.020. 10
(9) If the treatment plan approved or ordered by the court involves the provision of 11
outpatient psychiatric services to the high acuity youth at the location of a 12
detention facility, then the department or the Department of Juvenile Justice may 13
contract with a n inpatient psychiatric hospital or pediatric teaching hospital to 14
provide the outpatient psychiatric services. The inpatient psychiatric hospital or 15
pediatric teaching hospital shall be reimbursed by the Department for Medicaid 16
Services for such outpatient psychiatric services at no less than one hundred fifty 17
percent (150%) of the then current inpatient psychiatric hospital's or pediatric 18
teaching hospital's Medicaid reimbursement rate as if such services had been 19
performed in an inpatient setting, the pr ovisions of KRS 202A.271 20
notwithstanding. 21
(10) Each inpatient psychiatric hospital or pediatric teaching hospital that accepts any 22
high acuity youth under this section, the cabinet, the department, the Department 23
of Juvenile Justice, and the Court of Justi ce shall adopt and provide a protocol 24
for twenty-four (24) hour access to comply with the requirements of this section. 25
(11) When a high acuity youth has received residential treatment and the treatment 26
has improved the youth's condition to a status that t he need for continued 27
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treatment at that facility is no longer medically indicated as determined by the 1
treating physician: 2
(a) If the youth has a need for the continuum of care on an inpatient basis in 3
an inpatient psychiatric hospital, pediatric teaching hospital, or other 4
inpatient facility equipped to treat a high acuity youth, the Department for 5
Juvenile Justice, the department, and a representative of the inpatient 6
psychiatric hospital, pediatric teaching hospital, or other inpatient facility to 7
which the youth may be transferred shall proceed in accordance with 8
subsections (3), (4), and (5) of this section; 9
(b) Any additional medical care that the youth may need as part of a continuum 10
of care that requires a transfer to another facility for treatment s hall also 11
proceed in accordance with subsections (3), (4), and (5) of this section; and 12
(c) As part of the continuum of care, the same representatives from the 13
department and the Department of Juvenile Justice who have evaluated and 14
provided treatment and recommendations for the youth shall, to the extent 15
possible, continue to review the medical treatment of the youth to provide 16
stability of care with the goal of improving the life and health of the youth. 17
(12) In the event a child is delivered to an inpati ent psychiatric hospital or pediatric 18
teaching hospital for a behavioral assessment without referral by the department, 19
the cabinet, or the Department of Juvenile Justice, the clinical professional may 20
present the affidavit referenced in subsection (3) of this section to a law 21
enforcement officer, a court -designated worker, or a detention alternative 22
coordinator who shall then return the high acuity youth to the custody of the 23
custodial agency until such time as a court issues further orders regarding the 24
appropriate treatment for the high acuity youth. The inpatient psychiatric 25
hospital or pediatric teaching hospital shall then proceed according to 26
subsections (3), (4), and (5) of this section. 27
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Section 2. KRS 15A.305 is amended to read as follows: 1
(1) (a) The Department of Juvenile Justice shall [ develop and] administer a 2
statewide[ detention] program that shall include both preadjudication and 3
postadjudication facilities for the detention and treatment of children. The 4
department shall determine the appropriate physical security for each 5
facility. 6
(b) The facilities shall include: 7
1. Facilities for detention; 8
2. Youth development centers; 9
3. Group homes; 10
4. Alternatives to secure detention; and 11
5. A mental health facility for the treatment of high acuity youth as 12
defined in Section 1 of this Act, licensed under KRS Chapter 216B, 13
which shall be a residential treatment facility; 14
as those terms are defined in Section 3 of this Act. 15
(c) The department shall provide alternativ es to secure detention for children 16
charged with [ and, as each regional facility is constructed and ready for 17
occupancy, shall provide for: 18
(a) The operation of preadjudication detention facilities for children charged with 19
public offenses; and 20
(b) The operation of postadjudication detention facilities for children adjudicated 21
delinquent or found guilty of] public offenses as provided in subsection (2) of 22
this section. 23
(2) In each region in which the department currently[Department of Juvenile Justice] 24
operates or contracts for the operation of a detention facility, or operates or 25
contracts for the operation of a detention facility in the future, the department 26
shall develop and administer a program for alternatives to secure detention that 27
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shall provide for: 1
(a) The operation of or contracting for the operation of preadjudication 2
alternatives to secure detention and follow -up programs for juveniles who are 3
before the court or who enter pretrial diversion or informal adjustment 4
programs; and 5
(b) The operation of or contracting for the operation of postadjudication 6
alternatives to secure detention and follow -up programs, including but not 7
limited to community -based programs, mentoring, counseling, and other 8
programs designed to limit the unnecessary use of secure detention and ensure 9
public safety. 10
(3) The department shall operate: 11
(a) For female offenders: 12
1. At least one (1) female -only detention facility, located in the central 13
region of the Commonwealth, which shall safely segregate violent 14
offenders as defined in KRS 439.3401 from nonviolent offenders; 15
2. As funds are available, a second female-only detention facility, located 16
in the western region of the Commonwealth, which shall safely 17
segregate violent offenders as defined in KRS 439.3401 from 18
nonviolent offenders; and 19
3. As funds are available, a third female-only facility if an analysis of the 20
female offender population exceeds the capacity of the facilities 21
described in subparagraphs 1. and 2. of this paragraph. A third facility 22
shall safely segregate violent offenders as defined in KRS 439.3401 23
from nonviolent offenders. The location of a third facility under this 24
subparagraph shall be in the northern or eastern region of the 25
Commonwealth, with the precise location to be determined based upon 26
an analysis of population of female offenders in detention f acilities at 27
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the time according to the county of residence of the offenders; and 1
(b) For male offenders, a regional model of juvenile detention facilities which 2
shall safely segregate violent offenders as defined in KRS 439.3401 from 3
nonviolent offenders. 4
(4) The department may reassign where a particular child shall be housed based on 5
safety or security concerns, staffing needs, and classification. 6
(5) The department shall develop and implement a system to immediately notify the 7
Cabinet for Health and Fami ly Services when a status offender or child alleged to 8
be a status offender has been detained for the alleged violation of a valid court 9
order. 10
(6)[(4)] The department shall[may], except as provided in KRS 635.060, charge 11
counties, charter county governmen ts, unified local governments, consolidated 12
local governments, and urban -county governments a per diem rate set by 13
administrative regulation promulgated in accordance with KRS Chapter 13A [not 14
to exceed ninety -four dollars ($94)] for lodging juveniles in st ate-owned or 15
contracted facilities. 16
(7)[(5)] Detention rates charged by contracting detention facilities shall not exceed the 17
rate in effect on July 1, 1997, subject to increases approved by the department. 18
(8)[(6)] No juvenile detention facility, as defin ed in KRS 15A.200, shall be taken 19
over, purchased, or leased by the Commonwealth without prior approval of the 20
fiscal court or legislative body of the county upon consultation with the jailer in the 21
county where the facility is located. The county, upon co nsultation with the jailer, 22
may enter into contracts with the Commonwealth for the holding, detention, and 23
transportation of juveniles. 24
(9)[(7)] (a) The department[Department of Juvenile Justice] shall enter into 25
sufficient contracts to ensure the availabi lity of institutional treatment for 26
children with severe emotional disturbance or mental illness as soon as 27
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practicable. 1
(b) The department shall contract with one (1) or more inpatient psychiatric 2
hospitals, pediatric teaching hospitals, or other behavior al health providers 3
to provide outpatient behavioral health services to children in need of those 4
services while in a detention facility. 5
(10)[(8)] The department[Department of Juvenile Justice] shall, for any facility 6
operated pursuant to subsection (1) of this section, require that the facility: 7
(a) Provide children in crisis who are residing in a juvenile [ detention] facility 8
access to a mental health professional whose communications with the child 9
are privileged under the Kentucky Rules of Evidence; 10
(b) Conduct monthly documented training related to emergency response; 11
(c) Ensure that appropriate staff working with a child in a secure juvenile 12
detention facility or a residential treatment fac ility[detained youth] have 13
controlled access to, and are properly trained in the use of, appropriate 14
defensive equipment comparable to that utilized by the Department of 15
Corrections, including tasers, pepper spray, and shields; 16
(d) Establish a specially tr ained emergency response team within each juvenile 17
detention center and youth development center which shall be trained in 18
tactics related to emergency response [detention facilities] and engage in 19
monthly drills as part of emergency response training; 20
(e) Enter into a memorandum of understanding with local law enforcement for 21
emergency response and include these agencies in emergency response 22
trainings; 23
(f) Be equipped with an alarm that directly communicates an emergency situation 24
to the local dispatch center; and 25
(g) Promulgate administrative regulations in accordance with KRS Chapter 13A 26
to implement this subsection. 27
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Section 3. KRS 600.020 is amended to read as follows: 1
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 2
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 3
threatened with harm when: 4
(a) His or her parent, guardian, person in a position of authority or special trust, 5
as defined in KRS 532.045, or other person exercising custodial control or 6
supervision of the child: 7
1. Inflicts or allows to be inflicted upon the child physical or emotional 8
injury as defined in this section by other than accidental means; 9
2. Creates or allows to be created a risk of physi cal or emotional injury as 10
defined in this section to the child by other than accidental means; 11
3. Engages in a pattern of conduct that renders the parent incapable of 12
caring for the immediate and ongoing needs of the child, including but 13
not limited to pa rental incapacity due to a substance use disorder as 14
defined in KRS 222.005; 15
4. Continuously or repeatedly fails or refu ses to provide essential parental 16
care and protection for the child, considering the age of the child; 17
5. Commits or allows to be committed an act of sexual abuse, sexual 18
exploitation, or prostitution upon the child; 19
6. Creates or allows to be created a ri sk that an act of sexual abuse, sexual 20
exploitation, or prostitution will be committed upon the child; 21
7. Abandons or exploits the child; 22
8. Does not provide the child with adequate care, supervision, food, 23
clothing, shelter, and education or medical care necessary for the child's 24
well-being when financially able to do so or offered financial or other 25
means to do so. A parent or other person exercising custodial control or 26
supervision of the child legitimately practicing the person's religious 27
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beliefs shall not be considered a negligent parent solely because of 1
failure to provide specified medical treatment for a child for that reason 2
alone. This exception shall not preclude a court from ordering necessary 3
medical services for a child; 4
9. Fails to make suffi cient progress toward identified goals as set forth in 5
the court-approved case plan to allow for the safe return of the child to 6
the parent that results in the child remaining committed to the cabinet 7
and remaining in foster care for fifteen (15) cumulativ e months out of 8
forty-eight (48) months; or 9
10. Commits or allows female genital mutilation as defined in KRS 508.125 10
to be committed; or 11
(b) A person twenty -one (21) years of age or older commits or allows to be 12
committed an act of sexual abuse, sexual ex ploitation, or prostitution upon a 13
child less than sixteen (16) years of age; 14
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 15
675(11); 16
(3) "Aggravated circumstances" means the existence of one (1) or more of the 17
following conditions: 18
(a) The parent has not attempted or has not had contact with the child for a period 19
of not less than ninety (90) days; 20
(b) The parent is incarcerated and will be unavailable to care for the child for a 21
period of at least one (1) year from the date of the child's entry into foster care 22
and there is no appropriate relative placement available during this period of 23
time; 24
(c) The parent has sexually abused the child and has refused available treatment; 25
(d) The parent has been found by the cabinet t o have engaged in abuse of the 26
child that required removal from the parent's home two (2) or more times in 27
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the past two (2) years; or 1
(e) The parent has caused the child serious physical injury; 2
(4) "Alternative to secure detention" means any program that provides a less 3
restrictive environment than a secure juvenile detention facility, is operated by or 4
contracted through the Department of Juvenile Justice, and is approved for use 5
pursuant to Section 2 of this Act; 6
(5) "Beyond the control of parents" means a child who has repeatedly failed to follow 7
the reasonable directives of his or her parents, legal guardian, or person exercising 8
custodial control or supervision other than a state agency, which behavior results in 9
danger to the child or others, and whic h behavior does not constitute behavior that 10
would warrant the filing of a petition under KRS Chapter 645; 11
(6)[(5)] "Beyond the control of school" means any child who has been found by the 12
court to have repeatedly violated the lawful regulations for the go vernment of the 13
school as provided in KRS 158.150, and as documented in writing by the school as 14
a part of the school's petition or as an attachment to the school's petition. The 15
petition or attachment shall describe the student's behavior and all interven tion 16
strategies attempted by the school; 17
(7)[(6)] "Boarding home" means a privately owned and operated home for the 18
boarding and lodging of individuals which is approved by the Department of 19
Juvenile Justice or the cabinet for the placement of children com mitted to the 20
department or the cabinet; 21
(8)[(7)] "Cabinet" means the Cabinet for Health and Family Services; 22
(9)[(8)] "Certified juvenile facility staff" means individuals who meet the 23
qualifications of, and who have completed a course of education and tr aining in 24
juvenile detention developed and approved by, the Department of Juvenile Justice 25
after consultation with other appropriate state agencies; 26
(10)[(9)] "Child" means any person who has not reached his or her eighteenth birthday, 27
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unless otherwise provided; 1
(11)[(10)] "Child-caring facility" means any facility or group home other than a state 2
facility, Department of Juvenile Justice contract facility or group home, or one 3
certified by an appropriate agency as operated primarily for educational or medic al 4
purposes, providing residential care on a twenty-four (24) hour basis to children not 5
related by blood, adoption, or marriage to the person maintaining the facility; 6
(12)[(11)] "Child-placing agency" means any agency, other than a state agency, which 7
supervises the placement of children in foster family homes or child -caring 8
facilities or which places children for adoption;[ 9
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 10
designated by the Department of Juvenile Justice or the cabinet for the treatment of 11
mentally ill children. The treatment program of such facilities shall be supervised 12
by a qualified mental health professional;] 13
(13) "Commitment" means an order of the court which places a child under the custodial 14
control or supervision of the Cabinet for Health and Family Services, Department 15
of Juvenile Justice, or another facility or agency until the child attains the age of 16
eighteen (18) unless otherwise provided by law; 17
(14) ["Community-based facility" means any non secure, homelike facility licensed, 18
operated, or permitted to operate by the Department of Juvenile Justice or the 19
cabinet, which is located within a reasonable proximity of the child's family and 20
home community, which affords the child the opportunity, if a Kentucky resident, 21
to continue family and community contact; 22
(15) ]"Complaint" means a verified statement setting forth allegations in regard to the 23
child which contain sufficient facts for the formulation of a subsequent petition; 24
(15)[(16)] "Court" means the juvenile session of District Court unless a statute specifies 25
the adult session of District Court or the Circuit Court; 26
(16)[(17)] "Court-designated worker" means that organization or individual delegated by 27
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the Administrative Office of the Courts for the purposes of placing children in 1
alternative placements prior t o arraignment, conducting preliminary investigations, 2
and formulating, entering into, and supervising diversion agreements and 3
performing such other functions as authorized by law or court order; 4
(17)[(18)] "Deadly weapon" has the same meaning as it does in KRS 500.080; 5
(18)[(19)] "Department" means the Department for Community Based Services; 6
(19)[(20)] "Dependent child" means any child, other than an abused or neglected child, 7
who is under improper care, custody, control, or guardianship that is not due t o an 8
intentional act of the parent, guardian, or person exercising custodial control or 9
supervision of the child; 10
(20)[(21)] "Detention" means the safe and temporary housing[custody] of a juvenile 11
who is accused of conduct subject to the jurisdiction of the court who requires a 12
restricted or closely supervised environment for his or her own or the community's 13
protection; 14
(21)[(22)] "Detention hearing" means a hearing held by a judge o r trial commissioner 15
within twenty-four (24) hours, exclusive of weekends and holidays, of the start of 16
any period of detention prior to adjudication; 17
(22)[(23)] "Diversion agreement" means a mechanism designed to hold a child 18
accountable for his or her be havior and, if appropriate, securing services to serve 19
the best interests[interest] of the child and to provide redress for that behavior 20
without court action and without the creation of a formal court record; 21
(23)[(24)] "Eligible youth" means a person who: 22
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 23
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 24
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 25
order to participate in state or federal educational programs or to establish 26
independent living arrangements; 27
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(24)[(25)] "Emergency shelter" is a group home, private residence, foster home, or 1
similar homelike facility which provides temporary or emergency care of children 2
and adequate staff and services consistent with the needs of each child; 3
(25)[(26)] "Emotional injury" means an injury to the mental or psychological capacity or 4
emotional stability of a child as evidenced by a substantial and observable 5
impairment in the child 's ability to function within a normal range of performance 6
and behavior with due regard to his or her age, development, culture, and 7
environment as testified to by a qualified mental health professional; 8
(26)[(27)] "Evidence-based practices" means policie s, procedures, programs, and 9
practices proven by scientific research to reliably produce reductions in recidivism; 10
(27)[(28)] "Fictive kin" means an individual who is not related by birth, adoption, or 11
marriage to a child, but who has an emotionally signif icant relationship with the 12
child, or an emotionally significant relationship with a biological parent, siblings, or 13
half-siblings of the child in the case of a child from birth to twelve (12) months of 14
age, prior to placement; 15
(28)[(29)] "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 16
(29)[(30)] "Foster family home" means a private home in which children are placed for 17
foster family care under supervision of the cabinet or a licensed child -placing 18
agency; 19
(30)[(31)] "Graduated sanction" means any of a continuum of accountability measures, 20
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 21
that may include but are not limited to: 22
(a) Electronic monitoring; 23
(b) Drug and alcohol screening, testing, or monitoring; 24
(c) Day or evening reporting centers; 25
(d) Reporting requirements; 26
(e) Community service; and 27
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(f) Rehabilitative interventions such as family counseling, substance abuse 1
treatment, restorative justice programs, and behavioral or mental health 2
treatment; 3
(31) "Group home" means a community -based and homelike residential treatment 4
facility for committed youth operated by the Department of Juvenile Justice; 5
(32) "Habitual runaway" means any child who has been found by the court to have been 6
absent from his or her place of lawful residence without the permission of his or her 7
custodian for at least three (3) days during a one (1) year period; 8
(33) "Habitual truant" means any child who has been found by the court to have been 9
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 10
one (1) year period; 11
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed p rivate or 12
public facility, health care facility, or part thereof, which is approved by the cabinet 13
to treat children; 14
(35) "Independent living" means those activities necessary to assist a committed child to 15
establish independent living arrangements; 16
(36) "Informal adjustment" means an agreement reached among the parties, with 17
consultation, but not the consent, of the victim of the crime or other persons 18
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 19
after a petition has been filed, which is approved by the court, that the best 20
interests[interest] of the child would be served without formal adjudication and 21
disposition; 22
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 23
which defines an offense, that the actor's conscious objective is to cause that result 24
or to engage in that conduct; 25
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 26
the program developed on the child's behalf is no more harsh, ha zardous, or 27
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intrusive than necessary; or involves no restrictions on physical movements nor 1
requirements for residential care except as reasonably necessary for the protection 2
of the child from physical injury; or protection of the community, and is conduc ted 3
at the suitable available facility closest to the child's place of residence to allow for 4
appropriate family engagement; 5
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 6
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 7
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 8
serious or critical condition; 9
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 10
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 11
who has not been otherwise charged with a status or public offense; 12
(43)[ "Nonsecure facility" means a facility which provides its residents access to the 13
surrounding community and which does not r ely primarily on the use of physically 14
restricting construction and hardware to restrict freedom; 15
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 16
child's own home, where a child may be temporarily placed pending furth er court 17
action. Children before the court in a county that is served by a state operated 18
secure detention facility, who are in the detention custody of the Department of 19
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 20
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 21
(45)] "Out-of-home placement": 22
(a) Means a placement other than in the home of a parent, relative, or guardian, in 23
a boarding home, [ clinical] treatment facility [, community -based facility], 24
detention facility, emergency shelter, fictive kin home, foster family home, 25
hospital, secure juvenile detention [ nonsecure facility, physically secure] 26
facility, residential treatment facility, or [ youth] alternative to secure 27
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detention program; and[center] 1
(b) Does not include a placement paid for by a parent, relative, or guardian; 2
(44)[(46)] "Parent" means the biological or adoptive mother or father of a child; 3
(45)[(47)] "Person exercising custodial control or supervision" means a person or agency 4
that has assumed the role and responsibility of a parent or guardian for the child, but 5
that does not necessarily have legal custody of the child; 6
(46)[(48)] "Petition" means a verified statement, setting forth allegations in regard to the 7
child, which initiates formal court involvement in the child's case; 8
(47)[(49)] "Physical injury" means substantial physical pain or any impairment of 9
physical condition;[ 10
(50) "Physically secure facility" means a facility that relies primarily on the use of 11
construction and hardware such as locks, bars, and fences to restrict freedom;] 12
(48)[(51)] "Public offense action" means an action, excluding contempt, brought in the 13
interest of a child who is accused of committing an offense under KRS Chapter 527 14
or a public offense which, if committed by an adult, would be a crime, whether the 15
same is a felony, misdemeanor, or violation, other than an action alleging that a 16
child sixteen (16) years of age or older has committed a motor vehicle offense; 17
(49)[(52)] "Qualified mental health professional" means: 18
(a) A physician licensed under the laws of Kentucky to practice medicine or 19
osteopathy, or a medical officer of the government of the United States while 20
engaged in the performance of official duties; 21
(b) A psychiatrist li censed under the laws of Kentucky to practice medicine or 22
osteopathy, or a medical officer of the government of the United States while 23
engaged in the practice of official duties, and who is certified or eligible to 24
apply for certification by the American Board of Psychiatry and Neurology, 25
Inc.; 26
(c) A psychologist with the health service provider designation, a psychological 27
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practitioner, a certified psychologist, or a psychological associate licensed 1
under the provisions of KRS Chapter 319; 2
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 3
an accredited institution and two (2) years of clinical experience with 4
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 5
nursing from an accredited institut ion who is certified as a psychiatric and 6
mental health nurse by the American Nurses Association and who has three 7
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 8
and who is currently employed by a hospital or forensic psych iatric facility 9
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 10
private agency or company engaged in providing mental health services, or a 11
regional comprehensive care center; 12
(e) A licensed clinical social worker licensed under the provisions of KRS 13
335.100, or a certified social worker licensed under the provisions of KRS 14
335.080 with three (3) years of inpatient or outpatient clinical experience in 15
psychiatric social work and currently employed by a hospital or forensic 16
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 17
general hospital, a private agency or company engaged in providing mental 18
health services, or a regional comprehensive care center; 19
(f) A marriage and family therapist licensed under the provisions of KRS 20
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 21
experience in psychiatric mental health practice and currently employed by a 22
hospital or forensic psychiatric facility licensed by the Commonwealth, a 23
psychiatric unit of a general hospital, a private agency or company engaged in 24
providing mental health services, or a regional comprehensive care center; 25
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 26
335.599 with three (3) years of inpatient or outpatient clinical experience in 27
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psychiatric mental health practice and currently employed by a hospital or 1
forensic facility license d by the Commonwealth, a psychiatric unit of a 2
general hospital, a private agency or company engaged in providing mental 3
health services, or a regional comprehensive care center; or 4
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 5
(1) of the following requirements: 6
1. Provides documentation that he or she has completed a psychiatric 7
residency program for physician assistants; 8
2. Has completed at least one thousand (1,000) hours of clinical experience 9
under a supervising physici an, as defined by KRS 311.840, who is a 10
psychiatrist and is certified or eligible for certification by the American 11
Board of Psychiatry and Neurology, Inc.; 12
3. Holds a master's degree from a physician assistant program accredited 13
by the Accreditation Revie w Commission on Education for the 14
Physician Assistant or its predecessor or successor agencies, is 15
practicing under a supervising physician as defined by KRS 311.840, 16
and: 17
a. Has two (2) years of clinical experience in the assessment, 18
evaluation, and treatment of mental disorders; or 19
b. Has been employed by a hospital or forensic psychiatric facility 20
licensed by the Commonwealth or a psychiatric unit of a general 21
hospital or a private agency or company engaged in the provision 22
of mental health services or a regional community program for 23
mental health and individuals with an intellectual disability for at 24
least two (2) years; or 25
4. Holds a bachelor's degree, possesses a current physician assistant 26
certificate issued by the board prior to July 15, 2002, is pr acticing under 27
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a supervising physician as defined by KRS 311.840, and: 1
a. Has three (3) years of clinical experience in the assessment, 2
evaluation, and treatment of mental disorders; or 3
b. Has been employed by a hospital or forensic psychiatric facility 4
licensed by the Commonwealth or a psychiatric unit of a general 5
hospital or a private agency or company engaged in the provision 6
of mental health services or a regional community program for 7
mental health and individuals with an intellectual disability for a t 8
least three (3) years; 9
(50)[(53)] "Reasonable and prudent parent standard" has the same meaning as in 42 10
U.S.C. sec. 675(10); 11
(51)[(54)] "Residential treatment facility" means a facility or group home with more 12
than eight (8) beds designated by the Depar tment of Juvenile Justice or the cabinet 13
for the treatment of children; 14
(52)[(55)] "Retain in custody" means, after a child has been taken into custody, the 15
continued holding of the child by a peace officer for a period of time not to exceed 16
twelve (12) ho urs when authorized by the court or the court -designated worker for 17
the purpose of making preliminary inquiries; 18
(53)[(56)] "Risk and needs assessment" means an actuarial tool scientifically proven to 19
identify specific factors and needs that are related to delinquent and noncriminal 20
misconduct; 21
(54)[(57)] "Safety plan" means a written agreement developed by the cabinet and agreed 22
to by a family that clearly describes the protective services that the cabinet will 23
provide the family in order to manage risks to a child's safety; 24
(55)[(58)] "School personnel" means those certified persons under the supervision of the 25
local public or private education agency; 26
(56)[(59)] "Secretary" means the secretary of the Cabinet for Health and Family 27
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Services; 1
(57)[(60)] "Secure juvenile detention facility" means any [ physica lly secure] facility 2
used for the secure detention of children other than any facility in which adult 3
prisoners are confined; 4
(58)[(61)] "Serious physical injury" means physical injury which creates a substantial 5
risk of death or which causes serious and p rolonged disfigurement, prolonged 6
impairment of health, or prolonged loss or impairment of the function of any bodily 7
member or organ; 8
(59)[(62)] "Sexual abuse" includes but is not necessarily limited to any contacts or 9
interactions in which the parent, gu ardian, person in a position of authority or 10
special trust, as defined in KRS 532.045, or other person having custodial control or 11
supervision of the child or responsibility for his or her welfare, uses or allows, 12
permits, or encourages the use of the chil d for the purposes of the sexual 13
stimulation of the perpetrator or another person; 14
(60)[(63)] "Sexual exploitation" includes but is not limited to a situation in which a 15
parent, guardian, person in a position of authority or special trust, as defined in 16
KRS 532.045, or other person having custodial control or supervision of a child or 17
responsible for his or her welfare, allows, permits, or encourages the child to 18
engage in an act: 19
(a) Which constitutes prostitution under Kentucky law; or [ a parent, guardian , 20
person in a position of authority or special trust, as defined in KRS 532.045, 21
or other person having custodial control or supervision of a child or 22
responsible for his or her welfare, allows, permits, or encourages the child to 23
engage in an act] 24
(b) Of obscene or pornographic photographing, filming, or depicting of a child as 25
provided for under Kentucky law; 26
(61)[(64)] "Social service worker" means any employee of the cabinet or any private 27
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agency designated as such by the secretary of the cabinet or a s ocial worker 1
employed by a county or city who has been approved by the cabinet to provide, 2
under its supervision, services to families and children;[ 3
(65) "Staff secure facility for residential treatment" means any setting which assures that 4
all entrances and exits are under the exclusive control of the facility staff, and in 5
which a child may reside for the purpose of receiving treatment;] 6
(62)[(66)] "Statewide reporting system" means a system for making and compiling 7
reports of child dependency, neglect, and abuse in Kentucky made via telephone 8
call or in writing by a member of the public; 9
(63)[(67)] (a) "Status offense action" is any action brought in the interest of a child 10
who is accused of committing acts, which if committed by an adult, would not 11
be a crime. Such behavior shall not be considered criminal or delinquent and 12
such children shall be termed status offenders. Status offenses shall include: 13
1. Beyond the control of school or beyond the control of parents; 14
2. Habitual runaway; 15
3. Habitual truant; and 16
4. Alcohol offenses as provided in KRS 244.085. 17
(b) Status offenses shall not include violation s of state or local ordinances which 18
may apply to children such as a violation of curfew; 19
(64)[(68)] "Take into custody" means the procedure by which a peace officer or other 20
authorized person initially assumes custody of a child. A child may be taken into 21
custody for a period of time not to exceed two (2) hours; 22
(65)[(69)] "Transitional living support" means all benefits to which an eligible youth is 23
entitled upon being granted extended or reinstated commitment to the cabinet by the 24
court; 25
(66)[(70)] "Transition plan" means a plan that is personalized at the direction of the 26
youth that: 27
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(a) Includes specific options on housing, health insurance, education, local 1
opportunities for mentors and continuing support services, and workforce 2
supports and employment services; and 3
(b) Is as detailed as the youth may elect; 4
(67)[(71)] "Valid court order" means a court order issued by a judge to a child alleged or 5
found to be a status offender: 6
(a) Who was brought before the court and made subject to the order; 7
(b) Whose future conduct was regulated by the order; 8
(c) Who was given written and verbal warning of the consequences of the 9
violation of the order at the time the order was issued and whose attorney or 10
parent or legal guardian was also provided with a written not ice of the 11
consequences of violation of the order, which notification is reflected in the 12
record of the court proceedings; and 13
(d) Who received, before the issuance of the order, the full due process rights 14
guaranteed by the Constitution of the United States; 15
(68)[(72)] "Violation" means any offense, other than a traffic infraction, for which a 16
sentence of a fine only can be imposed; 17
(69)[(73)] "Youth alternative center" means a [ nonsecure] facility, operated by a local 18
government and approved by the Depart ment of Juvenile Justice, for the detention 19
of juveniles, both prior to adjudication and after adjudication, which meets the 20
criteria specified in KRS 15A.320; 21
(70) "Youth development center" means a residential treatment facility for committed 22
youth operated by the Department of Juvenile Justice; and 23
(71)[(74)] "Youthful offender" means any person regardless of age, transferred to Circuit 24
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 25
convicted in Circuit Court. 26
Section 4. KRS 610.265 is amended to read as follows: 27
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(1) (a) Any child who is alleged to be a status offender or who is accused of being in 1
contempt of court on an underlying finding that the child is a status offender 2
may be detained in[ a nonsecure facility or] a secure juvenile detention facility 3
or in another fa cility approved by the Department of Juvenile Justice for a 4
period of time not to exceed twenty -four (24) hours, exclusive of weekends 5
and holidays, pending a detention hearing. 6
(b) Any child who is accused of committing a public offense or of being in 7
contempt of court on an underlying public offense may be detained in a secure 8
juvenile detention facility or another facility [a nonsecure setting] approved 9
by the Department of Juvenile Justice for a period of time not to exceed forty -10
eight (48) hours, exclu sive of weekends and holidays, pending a detention 11
hearing. 12
(2) [Beginning July 1, 2024, ] Any child accused of committing a public offense that 13
would[ be considered] classify the child as a violent offender under KRS 14
439.3401[a violent felony offense as defined in KRS 532.200] shall be detained in a 15
secure juvenile detention facility for a period of time not to exceed forty -eight (48) 16
hours, exclusive of weekends and holidays, pending a detention hearing, unless the 17
detention hearing can be held within the time allotted to peace officers to retain 18
custody of the child pursuant to KRS 610.200 or 610.220. This subsection shall not 19
apply to any child ten (10) years of age or younger. 20
(3) (a) Any child detained pursuant to subsection (2) of this section shall be assessed 21
by a mental health professional, whose communications with the child shall 22
be confidential in conformity with the Kentucky Rules of Evidence, to 23
determine if the child exhibits behavior that indicates the child could benefit 24
from cognitive behavi oral therapy, other evidence -based behavioral health 25
programs, substance use disorder treatment, or treatment in a psychiatric 26
facility for serious mental illness. 27
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(b) Any treatment recommended under this subsection shall be provided by the 1
Department of Juvenile Justice and may be provided pursuant to a contract 2
between the Justice and Public Safety Cabinet and a behavioral health 3
services organization. 4
(c) If the child is released upon a detention hearing, a court may order the child to 5
complete any recommended treatment. The Department of Juvenile Justice 6
shall refer the child to an existing contractor or to other resources for the 7
treatment. 8
(4) Any child detained pur suant to subsection (2) of this section shall be permitted 9
visitation from individuals representing organizations including nonprofit 10
organizations, faith -based organizations, or community organizations, to connect 11
them with, expose them to, or minister to them through programs including but not 12
limited to trades, arts, sports, mentoring, counseling, support programs, or 13
community-based programs. These organizations may offer transition services to 14
any child who is released from detention. 15
(5) Within the pe riod of detention described in subsections (1) and (2) of this section, 16
exclusive of weekends and holidays, a detention hearing shall be held by the judge 17
or trial commissioner of the court for the purpose of determining whether the child 18
shall be further detained. At the hearing held pursuant to this subsection, the court 19
shall consider the nature of the offense, the child's background and history, and 20
other information relevant to the child's conduct or condition. 21
(6) If the court orders a child detained further, that detention shall be served as follows: 22
(a) If the child is charged with a capital offense, Class A felony, or Class B 23
felony, detention shall occur in a secure juvenile detention facility pending the 24
child's next court appearance subject to th e court's review of the detention 25
order prior to that court appearance; 26
(b) Except as provided in KRS 630.080(2), if it is alleged that the child is a status 27
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offender, the child may be detained in a secure juvenile detention facility for a 1
period not to ex ceed twenty-four (24) hours after which detention shall occur 2
in an alternative to secure detention program [a nonsecure setting] approved 3
by the Department of Juvenile Justice pending the child's next court 4
appearance subject to the court's review of the d etention order prior to the 5
next court appearance; 6
(c) If a status offender or a child alleged to be a status offender is charged with 7
violating a valid court order, the child may be detained in a secure juvenile 8
detention facility, or in another facility[a nonsecure setting] approved by the 9
Department of Juvenile Justice, for a period not to exceed forty -eight (48) 10
hours, exclusive of weekends and holidays, pending the child's next court 11
appearance; 12
(d) Prior to ordering a status offender or alleged status offender who is subject to 13
a valid court order securely detained because the child violated the valid court 14
order, the court shall: 15
1. Affirm that the requirements for a valid court order were met at the time 16
the original order was issued; 17
2. Make a deter mination during the adjudicatory hearing that the child 18
violated the valid court order; and 19
3. Within forty -eight (48) hours after the adjudicatory hearing on the 20
violation of a valid court order by the child, exclusive of weekends and 21
holidays, receive and review a written report prepared by an appropriate 22
public agency that reviews the behavior of the child and the 23
circumstances under which the child was brought before the court, 24
determines the reasons for the child's behavior, and determines whether 25
all dispositions other than secure detention have been exhausted or are 26
inappropriate. If a prior written report is included in the child's file, that 27
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report shall not be used to satisfy this requirement. The child may be 1
securely detained for a period not to exceed forty -eight (48) hours, 2
exclusive of weekends and holidays, pending receipt and review of the 3
report by the court. The hearing shall be conducted in accordance with 4
KRS 610.060. The findings required by this paragraph[subsection] 5
shall be included i n any order issued by the court which results in the [ 6
secure or nonsecure] detention of a status offender; and 7
(e) If the child is charged with a public offense, or contempt on a public offense, 8
and the county in which the case is before the court is serve d by a state 9
operated secure detention facility under the statewide detention plan, the child 10
shall be referred to the Department of Juvenile Justice for a security 11
assessment and placement in an approved detention facility or program 12
pending the child's next court appearance. 13
(7) If, at the hearing conducted under subsection (5) of this section, the court conducts 14
an adjudicatory hearing on the merits of a violation of a valid court order, that 15
hearing shall conform to the requirements of KRS 630.080. 16
(8) If the detention hearing is not held as provided in subsection (1) of this section, the 17
child shall be released as provided in KRS 610.290. 18
(9) If the child is not released, the court -designated worker shall notify the parent, 19
person exercising custodial c ontrol or supervision, a relative, guardian, or other 20
responsible adult, and the Department of Juvenile Justice or the cabinet, as 21
appropriate. 22
Section 5. KRS 610.340 is amended to read as follows: 23
(1) (a) Unless a speci fic provision of KRS Chapters 600 to 645 specifies otherwise, 24
all juvenile[ court] records of any nature generated pursuant to KRS Chapters 25
600 to 645 by any agency or instrumentality, public or private, shall be 26
deemed to be confidential and shall not be disclosed except to the child, 27
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parent, victims, or other persons authorized to attend a juvenile court hearing 1
pursuant to KRS 610.070 unless ordered by the court for good cause. 2
(b) Juvenile[ court] records which contain information pertaining to arrests, 3
petitions, adjudications, and dispositions of a child may be disclosed to 4
victims or other persons authorized to attend a juvenile court hearing pursuant 5
to KRS 610.070. 6
(c) Release of the child's treatment, medical, mental, or psychological records is 7
prohibited unless presented as evidence in Circuit Court. Any records 8
resulting from the child's prior abuse and neglect under Title IV-E or Title IV-9
B of the Federal Social Security Act shall not be disclosed to victims or other 10
persons authorized to attend a juvenile court hearing pursuant to KRS 11
610.070. 12
(d) Victim access under this subsection to juvenile court records shall include 13
access to records of adjudications that occurred prior to July 15, 1998. 14
(2) [The provisions of ] This section shall not apply to public officers or employees 15
engaged in the investigation of and in the prosecution of cases under KRS Chapters 16
600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained 17
pursuant to this subsection shall be [ used] for official use only, shall not be 18
disclosed publicly, and shall be exempt from disclosure under the Open Records 19
Act, KRS 61.870 to 61.884. 20
(3) [The provisions of ] This section shall not apply to any peace officer, as defined in 21
KRS 446.010, who is engaged in the inv estigation or prosecution of cases under 22
KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any 23
record obtained pursuant to this subsection shall be [ used] for official use only, 24
shall not be disclosed publicly, and shall be exempt from disclosure under the Open 25
Records Act, KRS 61.870 to 61.884. 26
(4) [The provisions of ] This section shall not apply to employees of the Department of 27
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Juvenile Justice or cabinet or its designees responsible for any services under KRS 1
Chapters 600 to 64 5, or to attorneys for parties involved in actions relating to KRS 2
Chapters 600 to 645 , or other prosecutions authorized by the Kentucky Revised 3
Statutes. Any records obtained by an individual designated in this subsection may 4
be used by the individual in the course and scope of his or her employment or 5
representation but shall not be disclosed to any third party without a court order. 6
(5) [The provisions of ] This section shall not apply to records disclosed pursuant to 7
KRS 610.320 or to public or private e lementary and secondary school 8
administrative, transportation, and counseling personnel, to any teacher or school 9
employee with whom the student may come in contact, or to persons entitled to 10
have juvenile records under KRS 610.345, if the possession and u se of the records 11
is in compliance with[ the provisions of] KRS 610.345 and this section. 12
(6) [The provisions of ] This section shall not apply to employees of local law 13
enforcement agencies, the Department of Kentucky State Police, or the Federal 14
Bureau of Investigation engaged in conducting background checks for the sole 15
purpose of identifying and providing potential ly disqualifying juvenile public 16
offense records to the National Instant Criminal Background Check System 17
pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities Act, 18
Pub. L. No. 117 -159. Notwithstanding KRS 635.040, an adjudication for a public 19
offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), (3), or 20
(9). Any public offense record obtained pursuant to this subsection shall be used for 21
official use only, not be disclosed publicly, and be exempt from disclo sure under 22
the Open Records Act, KRS 61.870 to 61.884. 23
(7) (a) [The provisions of ] This section shall not apply to records or proceedings in 24
any case in which a child has made an admission to or been adjudicated for an 25
offense that would classify the child as a violent offender under KRS 26
439.3401[a violent felony offense as defined in KRS 532.200] until the 27
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expiration of a three (3) year period from the date of admission or 1
adjudication. 2
(b) If the child has not recei ved any additional public offense convictions during 3
the three (3) year period from the date of admission or adjudication, all 4
records in the case shall be automatically sealed and shall not be disclosed 5
consistent with[ the provisions of] this section. 6
(c) As used in this subsection, "admission" means a formal admission in a case, 7
on the record, upon the waiving of an adjudication hearing. 8
(8) A[No] person, including school personnel, shall not disclose any confidential record 9
or any information contained in the confidential record [therein] except as 10
permitted by this section or other specific section of KRS Chapters 600 to 645, or 11
except as permitted by specific order of the court. 12
(9) A[No] person, including school personnel, authorized to obtain records pursuant to 13
KRS Chapters 600 to 645 shall not obtain or attempt to obtain confidential records 14
to which he or she is not entitled or for purposes for which he or she is not 15
permitted to obtain them pursuant to KRS Chapters 600 to 645. 16
(10) A[No] person, including school personnel, not authorized to obtain records pursuant 17
to KRS Chapters 600 to 645 shall not obtain or attempt to obtain records which are 18
made confidential pursuant to KRS Chapters 600 to 645 except upon proper motion 19
to a court of competent jurisdiction. 20
(11) A[No] person shall not destroy or attempt to destroy any record required to be kept 21
pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to 22
KRS Chapters 600 to 645 and is authorized by the court upon proper mot ion and 23
good cause for the destruction being shown. 24
(12) As used in this section the term "KRS Chapters 600 to 645" includes any 25
administrative regulations which are lawfully promulgated in accordance with KRS 26
Chapter 13A and pursuant to KRS Chapters 600 to 645. 27
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(13) [Nothing in ] This section shall not be construed to prohibit a crime victim from 1
speaking publicly after the adjudication about his or her case on matters within his 2
or her knowledge or on matters disclosed to the victim during any aspect of a 3
juvenile court proceeding. 4
(14) Notwithstanding any other provision of law to the contrary, the Department of 5
Juvenile Justice may publicly release information regarding a child if the child 6
absconds or escapes from a Department of Juvenile Justice facilit y or placement 7
to assist in securing the safe return of the child. Information released by the 8
Department of Juvenile Justice may include: 9
(a) The child's: 10
1. Name and home county of residence; 11
2. Physical description; and 12
3. Photograph; 13
(b) The name of the facility from which the child absconded or escaped; and 14
(c) A statement that the public should exercise caution and should notify law 15
enforcement immediately if the child is seen. 16
(15) Any information that is publicly released regarding a child pursuan t to 17
subsection (14) of this section shall be immediately removed from public access 18
upon request from the Department of Juvenile Justice. 19
Section 6. KRS 645.280 is amended to read as follows: 20
(1) A[No] child held under[ the provisions of] this chapter shall not be held in a secure 21
juvenile detention facility unless a status offense action or public offense action is 22
also pending [. No peace officer or any other person shall bring a status offense 23
action or a public offens e action against a child who is mentally ill and in need of 24
hospitalization pursuant to this chapter solely or primarily for the purpose of 25
avoiding transporting the child to a hospital, mental health facility, or other less 26
restrictive alternative]. 27
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(2) If, after evaluation, the qualified mental health professional finds that the child does 1
not meet the criteria for involuntary hospitalization and the peace officer has reason 2
to believe that the child has committed a status offense or public offense, the p eace 3
officer may proceed in accordance with KRS 610.190 to 610.290. 4
Section 7. KRS 15A.0652 is amended to read as follows: 5
The Department of Juvenile Justice shall promulgate administrative regulations that shall 6
include: 7
(1) Development or adoption of a validated risk and needs assessment that: 8
(a) Considers factors such as the severity of the current offense, the child's 9
previous public offense record, and the child's assessed criminal risk factors; 10
(b) Is administered for all children adjudicated on a public offense prior to 11
disposition and at regular intervals thereafter to determine risk levels and to 12
identify intervention needs; and 13
(c) Is implemented based on policies and practices for utilization of the 14
assessment instrument to objectively guide placement and the length and type 15
of treatment for each child committed to the department or probated to the 16
department or other entity; 17
(2) The provision of treatment for committed and probated children in a ccordance with 18
evidence-based practices, including, at a minimum: 19
(a) Development of a case plan for each child committed to the department or 20
probated to the department that targets the risk factors identified in the 21
assessment, is responsive to individua l characteristics, involves the family as 22
appropriate, provides supervision or monitoring of children according to their 23
case plan, and establishes a treatment plan in accordance with subsection (3) 24
of this section; and 25
(b) Development and implementation o f a graduated sanctions protocol of swift, 26
certain, proportionate, and graduated sanctions that a probation officer or 27
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employee of the department shall apply in response to a child's violations of 1
the terms or conditions of probation. The graduated sanctions protocol shall: 2
1. Include a continuum of sanctions that take into account factors such as 3
the severity of the current violation, the child's previous criminal record, 4
the number and severity of any previous probation violations, the child's 5
assessed ri sk level, and the extent to which graduated sanctions were 6
imposed for previous violations. The system shall also define positive 7
reinforcements that the probated child may receive for compliance with 8
his or her terms or conditions of probation. A sanction of up to thirty 9
(30) days' out-of-home placement may be imposed for a violation of the 10
terms of probation. A child shall not be committed or recommitted to the 11
Department of Juvenile Justice for the violation of the conditions of 12
probation; 13
2. Provide that judicial review for a probated youth, or an administrative 14
hearing for a committed youth, shall not be necessary to impose 15
graduated sanctions less than out-of-home placement; and 16
3. Require that less -restrictive graduated sanctions be utilized prior to 17
requesting judicial review unless there is clear and convincing evidence 18
that there are no graduated sanctions available that are appropriate for 19
the child and the child is an immediate threat to himself, herself, or 20
others; 21
(3) Development and implementat ion of treatment plans for committed and probated 22
children that: 23
(a) Take into consideration the severity of the current offense and the child's 24
assessed risk and needs as identified by a validated risk and needs assessment; 25
(b) Involve the family in the treatment plan as appropriate; 26
(c) Allow a child to complete treatment in the community if resources are 27
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available rather than in a[ secure or nonsecure] facility; and 1
(d) For committed children may include: 2
1. A maximum of four (4) months of out -of-home placement if the child 3
was adjudicated for an offense that would be a misdemeanor if 4
committed by an adult, other than a violation of KRS Chapter 510 or an 5
offense involving a deadly weapon; 6
2. A maximum of eight (8) months of out -of-home placement if the ch ild 7
was adjudicated for an offense that would be a Class D felony if 8
committed by an adult, other than a violation of KRS Chapter 510 or an 9
offense involving a deadly weapon; and 10
3. A provision that if a child has reached the maximum time allowed in 11
out-of-home placement, as specified in subparagraphs 1. and 2. of this 12
paragraph and further out -of-home placement is determined to be 13
necessary for completion of treatment, the child may be held for an 14
additional period only upon approval of the Administrative Transfer 15
Request Committee, or another appropriate entity within the department 16
as designated by the commissioner of the department after review of the 17
facts and circumstances warranting the need for continued out -of-home 18
placement. If the commissioner app roves continued out -of-home 19
placement, the maximum time the placement may be continued is the 20
maximum originally allowed under subparagraphs 1. and 2. of this 21
paragraph and the total period of commitment shall not exceed that 22
permitted under KRS 635.060; 23
(4) Development and implementation of professional development programs for 24
department staff who interact with or who are responsible for the treatment, 25
supervision, or placement of children, that includes training on juvenile justice 26
research relating to e ffectiveness of juvenile justice interventions, impacts of out -27
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of-home placement, alternatives to incarceration, use of graduated sanctions, case 1
planning, administration of a validated risk and needs assessment, and training to 2
address specific issues such as domestic violence, trauma, and family engagement; 3
(5) Development of procedures for measuring the outcomes of each treatment and 4
intervention program and practice to demonstrate that the program or practice has a 5
documented evidence base and has been evaluated for effectiveness in reducing 6
recidivism for the children it serves, including: 7
(a) A process for reviewing the objective criteria for evidence -based programs 8
and practices established by the agency providing the program; 9
(b) A process for auditing the effectiveness of the programs; and 10
(c) An opportunity for programs that do not meet the criteria based on the audit 11
results to develop and implement a corrective action plan within one hundred 12
eighty (180) days of the audit; 13
(6) Development of proce dures to track juvenile recidivism, which shall include 14
adjudication of a new public offense or conviction of a crime within three (3) years 15
of release from an out -of-home placement or release from commitment, and 16
collaboration with the Department of Corre ctions and the Administrative Office of 17
the Courts to obtain adult conviction and incarceration information to enable 18
collection of recidivism data; 19
(7) Development of procedures to track the pre -adjudication and post -adjudication 20
admissions beginning no later than August 1, 2014; and 21
(8) Development of procedures to ensure maximum utilization of available federal 22
funding resources which may be available to the agency. 23
As used in this section, "evidence -based practices," "graduated sanction," "out -of-home 24
placement," and "risk and needs assessment" have the same meanings as in KRS 600.020. 25
Section 8. KRS 15A.200 is amended to read as follows: 26
As used in KRS 15A.210 to 15A.240 and KRS 15A.990: 27
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(1) "Certified juvenile facility staff" means individuals who meet the qualifications of, 1
and who have completed a course of education and training developed and 2
approved by, the Department of Juvenile Justice; 3
(2) "Secure juvenile detention facility" means an y facility used for the secure detention 4
of children other than a jail, police station, lockup, or any building which is a part 5
of or attached to any facility in which adult prisoners are confined or which shares 6
staff with a facility in which adult prisoners are confined; 7
(3) "Youth alternative center" means a [ nonsecure] facility, operated by a local 8
government and approved by the Department of Juvenile Justice, for the [ 9
nonsecure] detention of juveniles , both prior to adjudication and after 10
adjudication, which meets the criteria specified in Section 9 of this Act; and 11
(4) The term "facility" or "facilities" as used in KRS 15A.210 to 15A.240 shall mean 12
the facilities defined in this section. 13
Section 9. KRS 15A.320 is amended to read as follows: 14
(1) Any county government, urban -county government, consolidated local 15
government, unified local government, or charter county government may apply to 16
the Department of Juvenile Justice to construct, operate, or contract for the 17
operation of a youth alternative center. 18
(2) The youth alternative center [ shall be a nonsecure facility and] shall be under the 19
jurisdiction of that governing body, subject to[ the provisions of] this chapter. 20
(3) The youth alternative center shall be used only for the detention of juveniles. The 21
youth alternative center shall not be part of a county jail or other facility that houses 22
adult offenders. 23
(4) The youth alternative center may be used as a place of detention for juveniles by 24
order of a court prior to adjudication and after adjudication regardless of whether 25
the child is a status offender, public offender, or youthful offender. 26
Section 10. KRS 508.025 is amended to read as follows: 27
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(1) A person is guilty of assault in the third degree when the actor: 1
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally 2
causes or attempts to cause physical injury to: 3
1. A state, county, city, or federal peace officer; 4
2. An employee of a detention facility [,] or state residential treatment 5
facility[ or state staff secure facility for residential treatment] which 6
provides for the care, treatment, or detention of a juvenile charged with 7
or adjudicated delinquent because of a public offense or as a youthful 8
offender; 9
3. A healthcare provider as defined in KRS 311.821 or other person 10
employed by or under contract with a health clinic, doctor's office, 11
dental office, long -term care facility, hospital, or a hospital -owned or 12
affiliate outpatient facility, if the ev ent occurs in or on the premises of a 13
health clinic, doctor's office, dental office, long -term care facility, 14
hospital, or a hospital-owned or affiliate outpatient facility; 15
4. An employee of the Department for Community Based Services 16
employed as a social worker to provide direct client services, if the 17
event occurs while the worker is performing job-related duties; 18
5. Paid or volunteer emergency medical services personnel certified or 19
licensed pursuant to KRS Chapter 311A, if the event occurs while 20
personnel are performing job-related duties; 21
6. A paid or volunteer member of an organized fire department, if the 22
event occurs while the member is performing job-related duties; 23
7. Paid or volunteer rescue squad personnel affiliated with the Division of 24
Emergency Management of the Department of Military Affairs or a 25
local disaster and emergency services organization pursuant to KRS 26
Chapter 39F, if the event occurs while personnel are performing job -27
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related duties; 1
8. A probation and parole officer; 2
9. A transportation officer appointed by a county fiscal court or legislative 3
body of a consolidated local government, urban -county government, or 4
charter government to transport inmates when the county jail or county 5
correctional facility is closed while the transport ation officer is 6
performing job-related duties; 7
10. A public or private elementary or secondary school or school district 8
classified or certified employee, school bus driver, or other school 9
employee acting in the course and scope of the employee's employm ent; 10
or 11
11. A public or private elementary or secondary school or school district 12
volunteer acting in the course and scope of that person's volunteer 13
service for the school or school district; 14
(b) Being a person confined in a detention facility, or a juven ile in a state 15
residential treatment facility ,[ or state staff secure facility for residential 16
treatment] which provides for the care, treatment, or detention of a juvenile 17
charged with or adjudicated delinquent because of a public offense or as a 18
youthful offender, inflicts physical injury upon or throws or causes feces, or 19
urine, or other bodily fluid to be thrown upon an employee of the facility; or 20
(c) Intentionally causes a person, whom the actor knows or reasonably should 21
know to be a peace officer di scharging official duties, to come into contact 22
with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the 23
consent of the peace officer. 24
(2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree 25
is a Class D felony, unless the offense occurs during a declared emergency as 26
defined by KRS 39A.020 arising from a natural or man -made disaster, within 27
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the area covered by t he emergency declaration, and within the area impacted 1
by the disaster, in which case it is a Class C felony. 2
(b) For a violation of subsection (1)(b) of this section, assault in the third degree 3
is a Class D felony. 4
(c) For violations of subsection (1)(c) of this section, assault in the third degree is 5
a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, 6
seminal fluid, urine, or feces from an adult who knows that he or she has a 7
serious communicable disease and competent medical o r epidemiological 8
evidence demonstrates that the specific type of contact caused by the actor is 9
likely to cause transmission of the disease or condition, in which case it is a 10
Class A misdemeanor. 11
(d) As used in paragraph (c) of this subsection, "serious communicable disease" 12
means a non -airborne disease that is transmitted from person to person and 13
determined to have significant, long-term consequences on the physical health 14
or life activities of the person infected. 15
Section 11. KRS 610.012 is amended to read as follows: 16
(1) The District Court or the family division of the Circuit Court shall have exclusive 17
jurisdiction of proceedings under this section. 18
(2) Proceedings to temporarily detain a child suspected of being a runaway by means of 19
an emergency protective custody order, pending further appropriate court action, 20
shall be initiated by filing a complaint with the court-designated worker. 21
(3) Notwithstanding any other provision of law to the contrary, a child who is 22
suspected of being a runaway may be detained in an alternative to secure detention 23
program[a nonsecure facility] for a period of time not to exceed seventy -two (72) 24
hours, exclusive of weekends and holidays, or, if the court makes a finding on the 25
record that no less restrictive alternative is available, in a secure juvenile detention 26
facility for a period of time not to exceed twenty -four (24) hours, exclusive of 27
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weekends and holidays, pursuant to an ex parte emergency protective order pending 1
a court heari ng to determine whether to return the child to his or her custodian or 2
give custody of the child to the cabinet. 3
(4) If, at the hearing held as provided for in subsection (3) of this section, the child is 4
not released, the court shall issue an emergency cu stody order pursuant to KRS 5
Chapter 620 and place the child with the cabinet and the cabinet shall file a 6
dependency, neglect, or abuse action. 7
(5) All hearings subsequent to the issuance of an emergency custody order shall be in 8
accordance with KRS Chapter 620. 9
(6) If the child is released, except to the cabinet pursuant to an emergency custody 10
order, the court-designated worker shall initiate a status offense case. 11
(7) [The provisions of ]This section shall not apply to a child coming under the purview 12
of KRS Chapter 615. 13
Section 12. KRS 610.200 is amended to read as follows: 14
(1) When a peace officer has taken or received a child into custody on a charge of 15
committing an offense, the officer shall immediately inform the child of his or her 16
constitutional rights and afford the child[him] the protections required thereunder, 17
notify the parent, or if the child is committed, the Department of Juvenile Justice or 18
the cabinet, as appropriate, and if the parent is not available, then a relative, 19
guardian, or person exercising custodial control or supervision of the child, that the 20
child has been taken into custody, give an account of specific charges against the 21
child, including the specific statute alleged to have been violated, and the reasons 22
for taking the child into custody. 23
(2) (a) When a peace officer has taken or received a child into protective custody on 24
suspicion of being a runaway, the officer shall immediately notify: 25
1. The child's parent, guardian, or person exercis ing custodial control or 26
supervision of the child, if determined; 27
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2. The cabinet or Department of Juvenile Justice, if appropriate; and 1
3. The court-designated worker. 2
(b) If the parent, guardian, or other person exercising custodial control or 3
supervision is identified and notified, the peace officer may retain custody of 4
the child for a reasonable period to allow the person notified the opportunity 5
to arrive at the officer's location and collect the child. 6
(c) If the parent, guardian, or other person exer cising custodial control or 7
supervision cannot be identified or located, the peace officer may retain 8
custody of the child for a period of time not to exceed two (2) hours to 9
continue his or her investigation. 10
(d) If, at the conclusion of the peace officer 's investigation, the parent, guardian, 11
or person exercising custodial control or supervision of the child is identified 12
and notified, the peace officer shall return the child to the custody of that 13
person and shall file a status offense case with the court-designated worker. 14
(e) If, at the conclusion of the peace officer's investigation, the parent, guardian, 15
or person exercising custodial control or supervision of the child cannot be 16
identified or located, or that person refuses to collect the child, the peace 17
officer shall file a complaint pursuant to KRS 610.012. 18
(3) Unless the child is subject to trial as an adult or unless the nature of the offense or 19
other circumstances are such as to indicate the necessity of retaining the child in 20
custody, the offic er shall release the child to the custody of his or her parent or if 21
the child is committed, the Department of Juvenile Justice or the cabinet, as 22
appropriate; or if the parent is not available, then a relative, guardian, or person 23
exercising custodial con trol or supervision or other responsible person or agency 24
approved by the court upon the written promise, signed by such person or agency, 25
to bring the child to the court at a stated time or at such time as the court may order. 26
The written promise, accompa nied by a written report by the officer, shall be 27
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submitted immediately[forthwith] to the court or court -designated worker and shall 1
detail the reasons for having taken custody of the child, the release of the child, the 2
person to whom the child was released, and the reasons for the release. 3
(4) (a) If the person fails to produce the child as agreed , or upon notice from the 4
Court as provided in subsection (3) of this section, a summons, warrant, or 5
custody order may be issued for the apprehension of the person or of the 6
child, or both. 7
(b) If the person notified to collect a suspected runaway pursuant to subsection 8
(2)(a) of this section fails or refuses to collect the child, the peace officer shall 9
notify the county attorney, who may file a charge of endangering the welfare 10
of a minor, and the cabinet. 11
(5) The release of a child pursuant to this section shall not preclude a peace officer 12
from proceeding with a complaint against a child or any other person. 13
(6) Unless the child is subject to trial as an adult, if the child is not released, the peace 14
officer shall contact the court-designated worker who may: 15
(a) Release the child to his or her parents; 16
(b) Release the child to such other persons or organizations as are authorized by 17
law; 18
(c) Release the child to either of the above subject to stated conditions; or 19
(d) Except as provided in subsection (7) of this section, authorize the peace 20
officer to retain custody of the child for an additional period not to exceed 21
twelve (12) hours during which the peace officer may transport the child to a 22
secure juvenile detention facility or another[a nonsecure] facility. If the child 23
is retained in custody, the court -designated worker shall give notice to the 24
child's parents or person exercising custodial control or supervision of the fact 25
that the child is being retained in custody. 26
(7) (a) Except as provided in paragraph (b) of this subsection, a[no] child ten (10) 27
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years of age or under shall not be taken to or placed in a juvenile detention 1
facility. 2
(b) Any child ten (10) years of age or under who has been charged with the 3
commission of a capital offense or with an offense designated as a Class A or 4
Class B felony may be taken to or placed in a secure juvenile detention 5
facility or youth alternative center when there is no available less restrictive 6
alternative. 7
Section 13. KRS 610.220 is amended to read as follows: 8
(1) Except as otherwise provided by statute, if an officer takes or receives a child into 9
custody on an allegation of committing a public offense or into protective custody 10
on being a suspected runaway, the child may be held at a police station, secure 11
juvenile detention facility, youth alternative center, another[a nonsecure] facility, 12
or, as necessary, in a hospital or clinic for the following purposes: 13
(a) Identification and booking; 14
(b) Attempting to notify the parents or person exercising custodial control or 15
supervision of the child, a relative, guardian, other responsible person, or the 16
cabinet; 17
(c) Photographing; 18
(d) Fingerprinting; 19
(e) Physical examinations, including examinations for evidence; 20
(f) Evidence collection, including scientific tests; 21
(g) Records checks; 22
(h) Determining whether the child is subject to trial as an adult; and 23
(i) Other inquiries of a preliminary nature. 24
(2) A child may be held in custody purs uant to this section for a period of time not to 25
exceed two (2) hours, unless an extension of time is granted. Permission for an 26
extension of time may be granted by the court, trial commissioner, or court -27
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designated worker pursuant to KRS 610.200(6)(d) and the child may be retained in 1
custody for up to an additional ten (10) hours at a facility of the type listed in 2
subsection (1) of this section except for an intermittent holding facility for the 3
period of retention. 4
(3) Any child held in custody pursuant to this section shall be sight and sound separated 5
from any adult prisoners held in secure custody at the same location, and shall not 6
be handcuffed to or otherwise securely attached to any stationary object. 7
Section 14. KRS 620.095 is amended to read as follows: 8
A nonoffender, as defined in KRS 600.020, shall not be placed in [ secure or nonsecure] 9
detention. 10
Section 15. KRS 630.040 is amended to read as follows: 11
Any person taking a child into custody, with all reasonable speed, shall in this sequence: 12
(1) Deliver the child suffering from a physical condition or illness which requires 13
prompt medical treatment to a medical facility or physician. Children suspected of 14
having a mental or em otional illness shall be evaluated in accordance with [ the 15
provisions of] KRS Chapter 645 or as provided under Section 1 of this Act; 16
(2) Contact a court designated worker who shall have the responsibility for determining 17
appropriate placement pursuant to KRS 610.200(5); 18
(3) If the court designated worker determines that the placements designated in KRS 19
610.200(5) and subsection (1) of this section have been exhausted or are not 20
appropriate, a child may be delivered to a secure juvenile detention facility, a 21
juvenile holding facility, or another facility [a nonsecure setting] approved by the 22
Department of Juvenile Justice pending the detention hearing; 23
(4) When the child has not been r eleased to his or her parents or person exercising 24
custodial control or supervision, the person taking the child into custody shall make 25
a reasonable effort promptly to give oral notice to the parent or person exercising 26
custodial control or supervision of the child; 27
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(5) In all instances the peace officer taking a child into custody shall provide a written 1
statement to the court designated worker of the reasons for taking the child into 2
custody; 3
(6) If the child is placed in an emergency shelter or medical facility, during the 4
adjudication and disposition of his or her case, the court may order the child's[his] 5
parents to be responsible for the expense of the child's[his] care; and 6
(7) The peace officer taking the child into custody shall within three (3) ho urs of taking 7
a child into custody file a complaint with the court, stating the basis for taking the 8
child into custody and the reason why the child was not released to the parent or 9
other adult exercising custodial control or supervision of the child, rel ative or other 10
responsible adult, a court designated agency, an emergency shelter or medical 11
facility. Pending further disposition of the case, the court or the court designated 12
worker may release the child to the custody of any responsible adult who can 13
provide adequate care and supervision. 14
Section 16. KRS 630.080 is amended to read as follows: 15
(1) In order for the court to detain a child after the detention hearing, the 16
Commonwealth shall establish probable cause at the detention hearing that the child 17
is a status offender and that further detention of the child is necessary for the 18
protection of the child or the community. If the Commonwealth fails to establish 19
probable cause that the child is a status offender, the co mplaint shall be dismissed 20
and the child shall be released. If the Commonwealth establishes probable cause 21
that the child is a status offender, but that further detention of the child is not 22
necessary for the protection of the child or the community, the c hild shall be 23
released to the parent or person exercising custodial control or supervision of the 24
child. If grounds are established that the child is a status offender, and that further 25
detention is necessary, the child may be placed in an alternative to s ecure 26
detention program [a nonsecure setting] approved by the Department of Juvenile 27
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Justice; 1
(2) A status offender may be securely detained if the cabinet has initiated or intends to 2
initiate transfer of the youth by competent document under [ the provision s of] the 3
interstate compact pursuant to KRS Chapter 615; 4
(3) The appropriate public agency shall: 5
(a) Within twenty -four (24) hours, exclusive of weekends and holidays, of 6
receiving notification, as provided in KRS 15A.305[(3)], that a status offender 7
or alleged status offender has been detained on the allegation that the child 8
has violated a valid court order, meet with and interview the child; and 9
(b) Within forty -eight (48) hours, exclusive of weekend and holidays, of the 10
detention hearing required under KRS 610.265, prepare and deliver to the 11
court the completed written report required by subsection (4) of this section 12
and KRS 610.265 if the child remains in detention after the detention hearing, 13
and prior to the disposition hearing if the child has not been detained; and 14
(4) A status offender or alleged status offender who is subject to a valid court or der 15
may be securely detained upon a finding that the child violated the valid court order 16
if the court does the following prior to ordering that detention: 17
(a) Affirms that the requirements for a valid court order were met at the time the 18
original order was issued; 19
(b) Makes a determination during the adjudicatory hearing that the child violated 20
the valid court order; and 21
(c) Within forty-eight (48) hours after the adjudicatory hearing on the violation of 22
a valid court order by the child, exclusive of weeke nds and holidays, the court 23
receives and reviews a written report prepared by an appropriate public 24
agency that reviews the behavior of the child and the circumstances under 25
which the child was brought before the court, determines the reasons for the 26
child's behavior, and determines whether all dispositions other than secure 27
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detention have been exhausted or are inappropriate. If a prior written report is 1
included in the child's file, that report shall not be used to satisfy this 2
requirement. The child may b e securely detained for a period not to exceed 3
forty-eight (48) hours, exclusive of weekends and holidays, pending receipt 4
and review of the report by the court. The hearing shall be conducted in 5
accordance with[ the provisions of] KRS 610.060. The finding s required by 6
this subsection shall be included in any order issued by the court which results 7
in the[ secure or nonsecure] detention of a status offender. 8
Section 17. KRS 630.160 is amended to read as follows: 9
(1) Any[Notwithstanding any provision of KRS Chapter 520 to the contrary, no] child 10
who: 11
(a) Is accused of being a status offender;[or who ] 12
(b) Has been adjudicated as a status offender; or 13
(c) [who ] Has been accused of or held in contempt of court based upon an 14
underlying finding that the child is a status offender; and 15
(d) [who ]Is absent without leave from a facility operated by the Department of 16
Juvenile Justice; 17
may be charged with escape under KRS Chapter 520. 18
(2) Notwithstanding any provision of KRS Chapter 520 to the contrary, a child who 19
is absent without leave from [nonsecure detention option or] home detention, or 20
who fails to report or comply with the conditions of supervised placement, shall not 21
be charged with escape[ for being absent without leave or failing to comply with the 22
conditions of supervised placement]. 23
Section 18. KRS 635.055 is amended to read as follows: 24
A[No] child who is found to be in contempt of court shall not be committed as a public 25
offender as a result of the[such] finding, and shall not be [nor] detained because of 26
the[such] finding in a facility other than a secure juvenile detention facility, youth 27
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alternative center, an alternative to secure detention program approved by the 1
Department of Juvenile Justice, or in another placement approved by the Department of 2
Justice[a non secure detention alternative] . An order of detention for a child found in 3
contempt shall not exceed thirty (30) days. 4
Section 19. KRS 645.020 is amended to read as follows: 5
The definitions in KRS Chapter 600 shall apply to this chapter. In addition, unless the 6
context requires otherwise: 7
(1) "Convalescent leave" means an authorized release not to exceed ninety (90) days of 8
a child admitted to a hospital under this chapter; 9
(2) "Danger to self or others" means that it is shown by substantial proof that in the 10
near future the child may attempt suicide or may cause substantial physical harm or 11
threat of substantial physical harm to self or others, as evidenced by recent threats 12
or overt acts, including acts by which the child deprives self or others of the basic 13
means of survival, including reasonable shelter, food or clothing. In determining 14
whether a child presents a danger to self, factors to be considered shall include, but 15
shall not be limited to, an established pattern of past dangerous behavior; 16
(3) "Hospital" means a licensed private or public institution, health care facility, or part 17
thereof, approved by the cabinet to treat children who are mentally ill; 18
(4) "Least restrictive alternative" means the treatment and conditions of treatment for a 19
child which, separately and in combination: 20
(a) Are no more harsh, hazardous or intrusive than necessary to achieve 21
acceptable treatment objectives for the child; and 22
(b) Involve no inpatient care restrictions on physical movement except as 23
reasonably necessary for the administration of treatment or for the protection 24
of the child or others from physical injury. 25
In determining the least restrictive alternative, factors to be consider ed shall 26
include, but not be limited to, the likelihood, based on the child's prior outpatient 27
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treatment, that the child will benefit from outpatient treatment; 1
(5) "Mental health facility" means a residential or nonresidential service providing 2
children psychological or psychiatric treatment for emotional, mental, or behavioral 3
problems; 4
(6) "Mental health group home" means a [ community -based] facility established to 5
serve not less than four (4) nor more than eight (8) mentally ill children with a 6
treatment program developed and supervised by a qualified mental health 7
professional. Mental health group homes shall not be adjacent to or part of a 8
residential treatment facility or a hospital; 9
(7) "Mental health professional" means: 10
(a) A physician licensed und er the laws of Kentucky to practice medicine or 11
osteopathy, or a medical officer of the government of the United States while 12
engaged in conducting mental health services; 13
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 14
osteopathy, or a medical officer of the government of the United States 15
engaged in conducting mental health services; 16
(c) A psychologist, a psychological practitioner, a certified psychologist, or a 17
psychological associate, licensed under the provisions of KRS Chapter 319; 18
(d) A registered nurse licensed under the provisions of KRS Chapter 314 engaged 19
in providing mental health services; 20
(e) A licensed clinical social worker licensed under the provisions of KRS 21
335.100, or a certified social worker licensed unde r the provisions of KRS 22
335.080 engaged in providing mental health services; 23
(f) A marriage and family therapist licensed under the provisions of KRS 24
335.300 to 335.399 engaged in providing mental health services; 25
(g) A professional counselor credentialed under the provisions of KRS Chapter 26
335.500 to 335.599 engaged in providing mental health services; 27
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(h) An art therapist certified under KRS 309.130 engaged in providing mental 1
health services; or 2
(i) A pastoral counselor licensed under the provisions of K RS 335.600 to 3
335.699 engaged in providing mental health services; and 4
(8) "Mentally ill child" means that considering the child's age and development, the 5
child has a substantially impaired capacity to use self -control, judgment or 6
discretion in the condu ct of the child's affairs and social relations, the child's 7
behavior is maladaptive or the child exhibits recognized emotional symptoms which 8
can be related to physiological, psychological or social factors. 9
Section 20. KRS 645.210 is amended to read as follows: 10
(1) After a notice of contest has been received, the hospital may continue the 11
hospitalization on an involuntary basis until a hearing has been held and the court 12
orders otherwise. In no case may the child be held more than fifteen (15) days 13
beyond the filing of the notice of contest, unless a certification hearing has been 14
held within seven (7) days of the filing of the notice of contest. 15
(2) A hearing to determine the necessity for continued hospitalization shall be held 16
within seven (7) days of the court's receipt of the notice of the contest. If the court 17
concludes that the child does not meet the criteria set out in KRS 645.090, the court 18
may order the child discharged or may enter an emergency custody order fo r 19
purposes of proceeding under other provisions of KRS Chapter 600 to 645 to secure 20
proper care for the child. The cabinet may place the child in a [ clinical] treatment 21
facility, mental health group home, or mental health care program. 22
Section 21. KRS 403.727 is amended to read as follows: 23
(1) Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a 24
victim of domestic violence and abuse, or in which a minor is named as a 25
respondent or petitioner, s hall comply with the requirements in that section and 26
shall: 27
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(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 1
and 2
(b) Conform to the confidentiality provisions under KRS 610.340. 3
(2) If the court orders an evidentiary hearing under KRS 403.730(1)(a), a guardian ad 4
litem shall be appointed for any unrepresented minor who is a respondent to the 5
action or a petitioner who is an alleged victim of domestic violence and abuse. The 6
guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred 7
dollars ($500), which shall be paid by the Finance and Administration Cabinet. 8
(3) Violation of the terms or conditio ns of an order of protection issued under KRS 9
403.740 after the person has been served or given notice of the order shall 10
constitute contempt of court and may constitute a criminal offense pursuant to KRS 11
403.763 if the offender is an adult or a public off ense under KRS 600.020 [(51)] if 12
the offender is a juvenile. Once a juvenile action or contempt proceeding has been 13
initiated, the other shall not be undertaken regardless of the outcome of the original 14
proceeding. 15
(4) [Nothing in ] Subsection (3) of this se ction shall not preclude the Commonwealth 16
from proceeding, or the petitioner from pursuing charges, against the minor 17
respondent for offenses other than a violation of an order of protection. Proceedings 18
against a minor respondent for offenses other than a violation of an order of 19
protection shall proceed: 20
(a) In the juvenile session of District Court; and 21
(b) In accordance with the procedural and statutory provisions established for the 22
juvenile session of District Court. 23
Section 22. KRS 456.035 is amended to read as follows: 24
(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged 25
victim of dating violence and abuse, sexual assault, or stalking, or in which a minor 26
is named as a respondent or petit ioner, shall comply with the requirements in that 27
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section and shall: 1
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 2
and 3
(b) Conform to the confidentiality provisions under KRS 610.340. 4
(2) If the court orders an evidentiary hea ring under KRS 456.040(1)(a), a guardian ad 5
litem shall be appointed for any unrepresented minor who is a respondent to the 6
action or a petitioner who is an alleged victim of dating violence and abuse, sexual 7
assault, or stalking. The guardian ad litem sha ll be paid a fee fixed by the court not 8
to exceed five hundred dollars ($500), which shall be paid by the Finance and 9
Administration Cabinet. 10
(3) Violation of the terms or conditions of an order of protection issued under KRS 11
456.060 after the person has b een served or given notice of the order shall 12
constitute contempt of court and may constitute a criminal offense pursuant to KRS 13
456.180 if the offender is an adult or a public offense under KRS 600.020 [(51)] if 14
the offender is a juvenile. Once a juvenile action or contempt proceeding has been 15
initiated, the other shall not be undertaken regardless of the outcome of the original 16
proceeding. 17
(4) [Nothing in ] Subsection (3) of this section shall not preclude the Commonwealth 18
from proceeding, or the petitioner from pursuing charges, against the minor 19
respondent for offenses other than a violation of an order of protection. Proceedings 20
against a minor respondent for offenses other than a violation of an order of 21
protection shall proceed: 22
(a) In the juvenile session of District Court; and 23
(b) In accordance with the procedural and statutory provisions established for the 24
juvenile session of District Court. 25
Section 23. The Justice and Public Safety Cabinet shall construct a high a cuity 26
mental health facility to provide residential treatment for children in the custody of the 27
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Department of Juvenile Justice. The facility shall provide beds for a minimum of 24 1
children and shall be designed in a manner that shall allow for additions t o the facility to 2
increase bed capacity as needed. The Justice and Public Safety Cabinet shall work with 3
the Cabinet for Health and Family Services to ensure compliance with all health facility 4
requirements, both federal and state. The provisions of this s ection, and the provisions of 5
subsection (1)(b)5. of Section 2 of this Act, are subject to funding in the executive branch 6
budget. 7
Section 24. The Cabinet for Health and Family Services shall provide or enter 8
into contra cts or a memorandum of understanding with a public teaching university in 9
this state to provide clinical services to the high acuity health facility operated by the 10
Justice and Public Safety Cabinet through the Department of Juvenile Justice. 11
Section 25. The Justice and Public Safety Cabinet shall continue to implement 12
the plan to transition back to the regional model of juvenile detention facilities, and to 13
construct two female -only facilities as described in Section 2 of this Act, while 14
continuing to safely segregate males and females and violent and nonviolent offenders. 15