AN ACT relating to children.

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AN ACT relating to children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.125 is amended to read as follows: 3
(1) The following agencies are parts of Kentucky's juvenile justice system and shall, 4
subject to restrictions imposed by state or federal law, disclose and share with each 5
other all information they maintain on a juvenile in a facility or program or informal 6
adjustment authorized by law: 7
(a) All sheriff's offices, police departments, and any other law enforcement 8
agency; 9
(b) All Commonwealth's attorneys and county attorneys; 10
(c) The Attorney General; 11
(d) All jails and juvenile detention facilities, public and private; 12
(e) All courts and clerks of courts; 13
(f) The Administrative Office of the Courts; 14
(g) All departments within the Justice and Public Safety Cabinet; and 15
(h) All departments within the Cabinet for Health and Family Services[; and 16
(i) All family accountability, intervention, and response teams]. 17
(2) Except as provided in this section, all information shared by agencies specified 18
above shall be subject to applicable confi dentiality disclosure, redisclosure, and 19
access restrictions imposed by federal or state law. 20
(3) Once a complaint is filed with a court -designated worker alleging that a child has 21
committed a status offense or public offense, all public or private element ary or 22
secondary schools, vocational or business schools, or institutions of higher 23
education shall provide all records specifically requested in writing, and pertaining 24
to that child, to any of the agencies listed in subsection (1) of this section. Pursua nt 25
to the authority granted to the Commonwealth under the Family Educational Rights 26
and Privacy Act, 20 U.S.C. sec. 1232g, when this section refers to the release of 27
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educational records, the purpose of the release shall be limited to providing the 1
juvenile justice system with the ability to effectively serve, prior to adjudication, the 2
needs of the student whose records are sought. The authorities to which the data are 3
released shall certify that any educational records obtained pursuant to this section 4
shall only be released to persons authorized by statute and shall not be released to 5
any other person without the written consent of the parent of the child. The request, 6
certification, and a record of the release shall be maintained in the student's file. 7
(4) Any request for records, the provision of records, the sharing of records, the 8
disclosure of records, or the redisclosure of records shall be done for official 9
purposes only, on a bona fide need to know basis, and only in connection with a 10
legitimate investigation, prosecution, treatment program, or educational program. 11
(5) Information and records relating to pending litigation in Circuit Court, District 12
Court, or a federal court and information and records relating to an ongoing 13
investigation are not subject to disclosure or sharing under this section. 14
(6) Obtaining or attempting to obtain a record relating to a minor or by sharing or 15
attempting to share a record relating to a minor with an unauthorized person is a 16
violation of this section. 17
Section 2. KRS 158.135 is amended to read as follows: 18
(1) As used in this section, unless the context otherwise requires: 19
(a) "State agency children" means: 20
1. a. Those children of school age committed to or in custody of the 21
Cabinet for Health and Family Services and placed, or financed by 22
the cabinet, in a Cabinet for Health and Family Services operated 23
or contracted institution, treatment center, facility, including those 24
for therapeutic foster care and excluding those for nonthera peutic 25
foster care; or 26
b. Those children placed or financed by the Cabinet for Health and 27
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Family Services in a private facility pursuant to child care 1
agreements including those for therapeutic foster care and 2
excluding those for nontherapeutic foster care; 3
2. Those children of school age in home and community -based services 4
provided as an alternative to intermediate care facility services for the 5
intellectually disabled; 6
3. Those children committed to or in custody of the Department of 7
Juvenile Justice and placed in a department operated or contracted 8
facility or program; and 9
4. Those children referred by a court-designated worker as defined in 10
KRS 600.020[family accountability, intervention, and response team as 11
described in KRS 605.035] and admitted to a Department of Juvenile 12
Justice operated or contracted day treatment program; 13
(b) "Current costs and expenses" means all expenditures, other than for capital 14
outlay and debt service, which are in excess of the amount generated by state 15
agency children under the Support Education Excellence in Kentucky funding 16
formula pursuant to KRS 157.360. These expenditures are necessary to 17
provide a two hundred thirty (230) day school year, smaller teacher pupil 18
ratio, related services if identified on an individual educational plan, and more 19
intensive educational programming; and 20
(c) "Therapeutic foster care" means a remedial care program for troubled children 21
and youth that is in the least restrictive environment where the foster parent is 22
trained to implement planned, remedial supervision and care leading to 23
positive changes in the child's behavior. Children served in this placement 24
have serious emotional problems and meet one (1) or more of the following 25
criteria: 26
1. Imminent release from a treatment facility; 27
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2. Aggressive or destructive behavior; 1
3. At risk of being placed in more restrictive settings, including 2
institutionalization; or 3
4. Numerous placement failures. 4
(2) (a) Unless otherwise provided by the General Assembly in a budget bill, any 5
county or independent school district that provides elementary or secondary 6
school services to state agency children shall be reimbursed through a contract 7
with the Kentucky Educationa l Collaborative for State Agency Children. The 8
school services furnished to state agency children shall be equal to those 9
furnished to other school children of the district. 10
(b) The Department of Education shall, to the extent possible within existing 11
appropriations, set aside an amount of the state agency children funds 12
designated by the General Assembly in the biennial budget to reimburse a 13
school district for its expenditures exceeding twenty percent (20%) of the total 14
amount received from state and federal sources to serve a state agency child. 15
(3) The General Assembly shall, if possible, increase funding for the education 16
programs for state agency children by a percentage increase equal to that provided 17
in the biennial budget for the base funding level for each pupil in the program to 18
support education excellence in Kentucky under KRS 157.360 and, if applicable, by 19
an amount necessary to address increases in the number of state agency children 20
being served. 21
(4) The Kentucky Educational Collaborative for State Agency Children shall make to 22
the chief state school officer the reports required concerning school services for 23
state agency children, and shall file with the Cabinet for Health and Family Services 24
unit operating or regulating the institution or day treatment center, or contracting 25
for services, in which the children are located a copy of the annual report made to 26
the chief state school officer. 27
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(5) The Department of Juvenile Justice shall contract with a public university or 1
nonprofit education enti ty utilizing all funds generated by the children in state 2
agency programs, except Oakwood and Hazelwood funds, and the funds in the 3
Kentucky Department of Education budget, pursuant to this section, as well as any 4
other educational funds for which all Kent ucky children are entitled. The total of 5
these funds shall be utilized to provide educational services through the Kentucky 6
Educational Collaborative for State Agency Children established in KRS 605.110. 7
(6) Notwithstanding the provisions of any other stat ute, the Kentucky Educational 8
Collaborative for State Agency Children shall operate a two hundred thirty (230) 9
day school program. 10
Section 3. KRS 200.505 is amended to read as follows: 11
There is hereby created a State Int eragency Council for Services and Supports to 12
Children and Transition -Age Youth. The chairperson of the council shall be designated 13
by the Governor and shall establish procedures for the council's internal procedures. 14
(1) This council shall be composed of the following: 15
(a) Members who shall serve by virtue of their positions: 16
1. The commissioner of the Department of Education;[,] 17
2. The commissioner of the Department for Behavioral Health, 18
Developmental and Intellectual Disabilities;[,] 19
3. The commissioner of the Department for Community Based Services;[,] 20
4. The commissioner of the Department for Public Health;[,] 21
5. The commissioner of the Department for Medicaid Services;[,] 22
6. The commissioner of the Department of Juvenile Justice;[,] 23
7. The director of the Division of Family Resource and Youth Services 24
Centers;[,] 25
8. The executive director of the Office for Children with Special Health 26
Care Needs;[,] 27
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9. The executive officer of the Department of Family and Juvenile Services 1
of the Administrative Office of the Courts;[,] 2
10. The chair of the Subcommittee for Equity and Justice for all Youth of 3
the Juvenile Justice Advisory Board;[,] 4
11. The executive director of the Kentucky Housing Corporation;[,] 5
12. The executive director of the Kentucky Office of Vocational 6
Rehabilitation;[,] and 7
13. The president of the Council on Postsecondary Education, or their 8
designees; 9
(b) The chairperson of the council shall app oint one (1) parent of a child or 10
transition-age youth with a behavioral health need, who is a consumer of 11
services and supports within the system of care to serve as a member of the 12
council, and one (1) parent who meets the same criteria to serve as the p arent 13
member's alternate to serve in the absence of the parent member. For each 14
appointment to be made, the State Interagency Council for Services and 15
Supports to Children and Transition -Age Youth shall vote on nominations 16
submitted by members. The nominee receiving the most votes shall be 17
appointed. Appointees shall serve a term of two (2) years and may be 18
reappointed to additional two (2) year terms. If the child of the parent member 19
or alternate parent member ceases to be a consumer of services and suppo rts 20
within the system of care during the term of appointment, the member shall be 21
eligible to serve out the remainder of the term of appointment. The alternate 22
parent member may attend and participate in all council meetings but shall 23
vote only in the abse nce of the parent member. The parent member and 24
alternate parent member shall receive no compensation in addition to that 25
which they may already receive as service providers or state employees who 26
are required to attend as part of their duties, but the par ent member and 27
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alternate parent member shall be reimbursed for expenses incurred through 1
the performance of their duties as council members if it is outside the scope of 2
their job duties; 3
(c) The chairperson of the council shall appoint one (1) youth between the ages of 4
sixteen (16) and twenty -five (25), who has a behavioral health disorder and 5
who is receiving or has received services to address mental health, substance 6
use, or co -occurring me ntal health and substance use disorder, to serve as a 7
member of the council, and one (1) youth who meets the same criteria to serve 8
as the youth member's alternate in the absence of the youth member. For each 9
appointment to be made, the State Interagency C ouncil for Services and 10
Supports to Children and Transition -Age Youth shall vote on nominations 11
submitted by members. The nominee receiving the most votes shall be 12
appointed. Appointees shall serve a term of two (2) years and may be 13
reappointed to addition al two (2) year terms, and the youth member and the 14
youth member's alternate shall be eligible to serve out the remainder of their 15
term of appointment regardless of age. The alternate youth member may 16
attend and participate in all council meetings but shal l vote only in the 17
absence of the youth member. The youth member and alternate youth member 18
shall receive no compensation in addition to that which they may already 19
receive as service providers or state employees who are required to attend as 20
part of their duties, but the youth member and alternate youth member shall be 21
reimbursed for expenses incurred through the performance of their duties as 22
council members if it is outside the scope of their job duties; 23
(d) The chairperson of the council shall appoint o ne (1) member of a nonprofit 24
family organization representing consumers of services and supports within 25
the system of care whose membership, leadership, and governance include 26
parents, primary caregivers, or children or transition -age youth with serious 27
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emotional, behavioral, or mental health needs, to serve as a member of the 1
council. For each appointment to be made, the chair shall publicly post on the 2
State Interagency Council for Services and Supports to Children and 3
Transition-Age Youth website[Web sit e] a solicitation for letters of interest 4
from qualified organizations and submit all qualified responses to a vote of 5
the full membership. The organization which receives the most votes shall 6
designate a representative to serve a term of two (2) years, an d may be 7
reappointed to additional two (2) year terms. The family organization member 8
shall receive no compensation in addition to that which the member may 9
already receive as an employee who is required to attend as part of his or her 10
duties, but shall be reimbursed for expenses incurred through the performance 11
of duties as a council member if it is outside the scope of his or her job duties; 12
and 13
(e) At the end of a term, a member shall continue to serve until a successor is 14
appointed. 15
(2) The State Intera gency Council for Services and Supports to Children and 16
Transition-Age Youth shall: 17
(a) Make recommendations annually to the Governor and the Legislative 18
Research Commission regarding the system of care for children and 19
transition-age youth with or at risk of behavioral health needs; 20
(b) Direct each regional interagency council to operate as the regional locus of 21
accountability for the system of care;[: 22
1. Operate as the regional locus of accountability for the system of care; 23
and 24
2. Participate in family a ccountability, intervention, and response teams 25
established pursuant to KRS 605.035;] 26
(c) Assess the effectiveness of regional councils in serving as the locus of 27
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accountability for the system of care for children and transition -age youth 1
with or at risk of behavioral health needs; 2
(d) Meet at least monthly and maintain records of meetings; and 3
(e) Develop a comprehensive array of services and supports to meet the needs of 4
children and transition -age youth with or at risk of developing behavioral 5
health needs. 6
(3) Agencies represented on the state council shall adopt interagency agreements as 7
necessary to advance the system of care. 8
(4) The State Interagency Council for Services and Supports to Children and 9
Transition-Age Youth may promulgate administrative regulations necessary to 10
comply with the requirements of KRS 200.501 to 200.509. 11
Section 4. KRS 200.509 is amended to read as follows: 12
(1) There are hereby created regional interagency councils for the system of care. 13
These councils shall be formed in each area development district within the 14
Commonwealth of Kentucky, except that those area development districts that 15
contain a county with a population greater than one hundred thousand (100,000) 16
may form up to three (3) su ch councils. The regional interagency councils shall be 17
chaired by one (1) member, chosen by a majority vote of the members. Each 18
council shall be composed of the following members: 19
(a) The children's services director from each regional community mental h ealth 20
center or his or her[their] designee; 21
(b) One (1) court -designated specialist or court -designated worker chosen by the 22
executive officer of the Department of Family and Juvenile Services of the 23
Administrative Office of the Courts; 24
(c) One (1) special education cooperative representative with behavioral health 25
experience chosen by the directors of cooperatives in the area served by the 26
regional council; 27
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(d) One (1) parent of a child with a behavioral health need, who is or has been a 1
consumer of system of care services and supports, and one (1) parent who 2
meets the same criteria to serve as the parent member's alternate, who may 3
attend and participate in all council meetings, but shall vote only in the 4
absence of the parent member. For each appointment to be made, the regional 5
interagency council for which the appointment is to be made shall submit to 6
the chair of the State Interagency Council for Services and Supports to 7
Children and Transition-Age Youth a list of two (2) names of parents who are 8
qualified for appointment from which list the chair of the State Interagency 9
Council for Services and Supports to Children and Transition-Age Youth shall 10
make the appointment. Appointees shall serve a term of two (2) years, and 11
may be reappointed to additional t wo (2) year terms. If the child of the parent 12
member or alternate parent member ceases to be a consumer of system of care 13
services and supports during the term of appointment, the member shall be 14
eligible to serve out the remainder of the term of appointment; 15
(e) One (1) transition-age youth who has a behavioral health disorder and who is 16
receiving or has received a service to address mental health, substance use, or 17
co-occurring mental health and substance use disorder, and one (1) transition -18
age youth who meets the same criteria to serve as the youth member's 19
alternate in the absence of the youth member. For each appointment to be 20
made, the regional interagency council for which the appointment is to be 21
made shall submit to the chair of the State Interagen cy Council for Services 22
and Supports to Children and Transition-Age Youth a list of two (2) names of 23
transition-age youth who are qualified for appointment from which list the 24
chair of the State Interagency Council for Services and Supports to Children 25
and Transition-Age Youth shall make the appointment. Appointees shall serve 26
a term of two (2) years, and may be reappointed to additional two (2) year 27
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terms. If the youth member or alternate youth member ceases to be a 1
consumer of system of care services and supports during the term of 2
appointment, the member shall be eligible to serve out the remainder of the 3
term of appointment; 4
(f) Any other local public or private agency that provides services and supports to 5
children and transition -age youth with behavior al health needs which the 6
regional interagency council may invite to have a representative become a 7
permanent or temporary member of the council; and 8
(g) One (1) representative from each of the Department of Juvenile Justice, 9
family resource and youth services centers, the Kentucky Office of Vocational 10
Rehabilitation, the Department for Community Based Services, and local 11
health departments. 12
(2) A[No] member of a regional interagency council for the system of care shall not be 13
given compensation in addition to that which they already receive as service 14
providers or state employees, except that the parent and youth members and 15
alternate parent and youth members of regional interagency councils shall be 16
reimbursed by the regional interagency council's contract ed fiscal agent for all 17
expenses incurred through the performance of their duties as council members if it 18
is outside the scope of their job duties. 19
(3) Each regional interagency council for the system of care shall perform the 20
following functions: 21
(a) Conduct regional system of care planning and operations; 22
(b) Coordinate system-level continuous quality improvement; 23
(c) Identify and develop system of care expansion opportunities; 24
(d) Promote awareness of the system of care; 25
(e) Initiate and adopt interagency agreements as necessary for providing services 26
and supports to children and transition -age youth with or at risk of behavioral 27
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health needs by the agencies represented in the regional council; and 1
(f) Advise the state interagency council regarding the system of care within the 2
region[; and 3
(g) Participate in family accountability, intervention, and response teams 4
established pursuant to KRS 605.035]. 5
(4) The secretary of the Cabinet for Health and Family Services and the designee of the 6
Kentucky[State] Department of Education shall ensure that regional interagency 7
councils for the system of care are formed. 8
(5) Local interagency councils for the system of care may be formed at the discretion of 9
a regional interagency council to advance the functions of the regional interagency 10
council at the city, county, or other local community level. 11
Section 5. KRS 605.030 is amended to read as follows: 12
(1) A court-designated worker may: 13
(a) Receive complaints; 14
(b) Review complaints taken by peace officers; 15
(c) Investigate complaints except neglect, abuse, and dependency; 16
(d) Perform an initial screening for human trafficking as defined in KRS 529.010 17
for referral to the cabinet for investigation as a case of dependency, neglect, or 18
abuse; 19
(e) Dispose of complaints limited to a total of three (3) status or nonfelony public 20
offense complaints per child and, with written approval of the county 21
attorney, one (1) felon y complaint that does not involve the commission of a 22
sexual offense or the use of a deadly weapon; 23
(f) Administer oaths; 24
(g) Issue summonses; 25
(h) Issue subpoenas; 26
(i) Make advisory dispositional recommendations and provide, within forty -eight 27
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(48) hours, exclusive of weekends and holidays, information concerning a 1
child who has chosen to waive the investigation pursuant to KRS 610.100; 2
(j) Perform such duties as required by KRS Chapter 645; 3
(k) Administer evidence -based screenings and assessments to identi fy the risk 4
and needs of a child and his or her family; 5
(l) Enter into diversion agreements, including referral to programs or service 6
providers, providing case management and service coordination, assisting 7
with barriers to completion, and monitoring progress; 8
(m) Impose graduated sanctions, from least restrictive to most restrictive, in 9
response to violations of the terms of a diversion agreement; 10
(n) Gather information necessary to track and record outcomes of all diversion 11
agreement recommendations and final diversion disposition; 12
(o) Collaborate and cooperate with the [family accountability, intervention, and 13
response team, ] director of pupil personnel as appropriate, and service 14
providers to ensure all appropriate interventions are utilized; 15
(p) Report annually to his or her local public school districts and to the 16
Administrative Office of the Courts an inventory of all programs and service 17
providers within the judicial district they serve; 18
(q) Request from the schools a student's education records purs uant to KRS 19
17.125; and 20
(r) Perform such other functions related to activities of children as may be 21
authorized or directed by the court. 22
(2) Upon the filing of a petition which initiates a formal court action in the interest of 23
the child, the court -designated worker's involvement, with the exception of the 24
activities defined in subsection (1)(i) of this section, shall cease. 25
(3) When a child is to be tried as an adult, the court -designated worker need not make 26
dispositional recommendations. 27
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Section 6. KRS 605.130 is amended to read as follows: 1
In addition to the other duties, functions, and responsibilities imposed by law, the cabinet, 2
through its authorized representatives, shall have general supervision and management of 3
all matters contained in KRS 620.150 and 620.170 and shall, wherever possible: 4
(1) Locate and plan for all children who are dependent, neglected, or abused; 5
(2) Cooperate with and assist the courts of the various counties; 6
(3) Assist Circuit Courts through services to children whenever requested by the court. 7
The cabinet may ch arge a reasonable fee for such services to be taxed as costs by 8
the court; 9
(4) [Assess all referrals received from a court -designated worker, pursuant to direction 10
from the family accountability, intervention, and response team, to determine 11
whether a basis exists to file a dependency, neglect, or abuse petition; 12
(5) ]Track and report to the oversight council created in KRS 15A.063 the number of 13
referrals received, the number of investigations made upon those referrals, and the 14
number and type of petitions filed in response; 15
(5)[(6)] Identify all youth who have status offense charges and are committed or 16
probated to the cabinet and report the number of committed and probated youth to 17
the oversight council created in KRS 15A.063; and 18
(6)[(7)] Perform such other services as may be deemed necessary for the protection of 19
children. 20
Section 7. KRS 610.030 is amended to read as follows: 21
Except as otherwise provided in KRS Chapters 600 to 645: 22
(1) If any person files a complaint al leging that a child, except a child alleged to be 23
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the 24
court, may be within the purview of KRS Chapters 600 to 645, the court -designated 25
worker shall make a preliminary dete rmination as to whether the complaint is 26
complete. In any case where the court-designated worker finds that the complaint is 27
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incomplete, the court-designated worker shall return the complaint without delay to 1
the person or agency originating the complaint or having knowledge of the facts, or 2
to the appropriate law enforcement agency having investigative jurisdiction of the 3
offense, and request additional information in order to complete the complaint. The 4
complainant shall promptly furnish the additional information requested; 5
(2) (a) Upon receipt of a complaint which appears to be complete and which alleges 6
that a child has committed a public offense, the court -designated worker shall 7
refer the complaint to the county attorney for review pursuant to KRS 8
635.010. 9
(b) If after review the county attorney elects to proceed, the court -designated 10
worker shall conduct a preliminary intake inquiry to recommend whether the 11
interests of the child or the public require that further action be taken or 12
whether, in the in terest of justice, the complaint can be resolved informally 13
without the filing of a petition; 14
(3) Upon receipt of a complaint that appears to be complete and that alleges that the 15
child has committed a status offense, the court -designated worker shall cond uct a 16
preliminary intake inquiry to determine whether the interests of the child or the 17
public require that further action be taken; 18
(4) Prior to conducting a preliminary intake inquiry, the court -designated worker shall 19
notify the child and the child's parent, guardian, or other person exercising custodial 20
control or supervision of the child in writing: 21
(a) Of their opportunity to be present at the preliminary intake inquiry; 22
(b) That they may have counsel present during the preliminary intake inquiry as 23
well as the formal conference thereafter; 24
(c) 1. That all information supplied by the child to a court -designated worker 25
during any process prior to the filing of the petition shall be deemed 26
confidential and shall not be subject to subpoena or to disclosur e 27
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without the written consent of the child. 1
2. Information may be shared between treatment providers and[,] the 2
court-designated worker [, and the family accountability, intervention, 3
and response team] to enable the court -designated worker to facilitate 4
services and facilitate compliance with the diversion agreement; and 5
(d) That the child has the right to deny the allegation and demand a formal court 6
hearing; 7
(5) The preliminary intake inquiry shall include the administration of an evidence -8
based screening tool and, if appropriate and available, a validated risk and needs 9
assessment, in order to identify whether the child and his or her family are in need 10
of services and the level of intervention needed; 11
(6) (a) Upon the completion of the preliminary intake inquiry for a minor who is 12
alleged to be a status offender under KRS 630.020(3) and is alleged to have 13
been absent without excuse for fifteen (15) or more days during a school year, 14
the court-designated worker shall refer the complaint to the county attor ney. 15
The county attorney shall then refer the complaint: 16
1. For formal court action; or 17
2. To be handled under subsection (8) of this section. 18
(b) Upon the completion of the preliminary intake inquiry for a minor who is 19
alleged to be beyond the control of the school under KRS 630.020(2), the 20
court-designated worker shall refer the complaint to the county attorney. 21
The county attorney shall then refer the complaint: 22
1. For formal court action; or 23
2. To be handled under subsection (8) of this section. 24
(c) Upon the completion of the preliminary intake inquiry for all other 25
allegations, the court-designated worker may: 26
1. If the complaint alleges a status offense, determine that no further action 27
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be taken [ subject to review by the family accountability, intervention, 1
and response team]; 2
2. If the complaint alleges a public offense, refer the complaint to the 3
county attorney; 4
3. Refer a public offense complaint for informal adjustment; or 5
4. Based upon the results of the preliminary intake inquiry, other 6
information obtained, and a determination that the interests of the child 7
and the public would be better served, and with the written approval of 8
the county attorney for a public offense complaint, if necessary, conduct 9
a formal conference and enter into a diversion agreement; 10
(7) Upon receiving written approval of the county attorney, if necessary, to divert a 11
public offense complaint, and prior to conductin g a formal conference, the court -12
designated worker shall advise in writing the complainant, the victim if any, and the 13
law enforcement agency having investigative jurisdiction of the offense: 14
(a) Of the recommendation and the reasons for the recommendation [therefor] 15
and that the complainant, victim, or law enforcement agency may submit 16
within ten (10) days from receipt of the[such] notice a complaint to the county 17
attorney for special review; or 18
(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact 19
that the child was statutorily entitled to divert the case; 20
(8) A formal conference shall include the child and his or her parent, guardian, or other 21
person exercising custodial control or supervision. The formal conference shall be 22
used to: 23
(a) Present information obtained at the preliminary intake inquiry; and 24
(b) 1. Develop a diversion agreement that shall: 25
a. i. Require that the child regularly attend school and refrain 26
from conduct that constitutes cause for suspension or 27
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expulsion from school;[ and] 1
ii. For a child against whom a complaint alleging truancy has 2
been filed, require that if the child is absent from school 3
without excuse for four (4) days during the[a] diversion 4
agreement, the child shall immediately be considered to ha ve 5
failed to complete the diversion agreement and subsection 6
(9)(b)3. of this section shall immediately apply; and 7
iii. For a child against whom a complaint alleging the child is 8
beyond the control of the school has been filed, require that 9
if the child is suspended or expelled during the diversion 10
agreement due solely to a behavioral incident that takes 11
place after the child enters into the diversion agreement, 12
and upon consultation between the court -designated 13
worker and the county attorney, the county at torney 14
determines that the child had adequate opportunity to 15
engage in any available services referred by the court -16
designated worker, the child shall immediately be 17
considered to have failed to complete the diversion 18
agreement and subsection (9)(b)4. of t his section shall 19
immediately apply; and 20
b. Not exceed twelve (12) months in duration, and may include: 21
i. Referral of the child, and family if appropriate, to a public or 22
private entity or person for the provision of identified 23
services to address the complaint or assessed needs; 24
ii. Referral of the child, and family if appropriate, to a 25
community service program within the limitations provided 26
under KRS 635.080(2); 27
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iii. Restitution, limited to the actual pecuniary loss suffered by 1
the victim, if the child has the means or ability to make 2
restitution; 3
iv. Notification that the court -designated worker may apply 4
graduated sanctions for failure to comply with the diversion 5
agreement; 6
v. Any other program or effort which reasonably benefits the 7
community and the child; and 8
vi. A plan for monitoring the child's progress and completion of 9
the agreement. 10
2. Prior to developing the diversion agreement, the court -designated 11
worker o r court -designated specialist shall contact the school district 12
that the child attends to obtain background information from school 13
personnel regarding family background, education records, any services 14
previously provided, and any recommended trauma informed strategies[. 15
3. Upon developing a diversion agreement, the court -designated specialist 16
shall make all details of the agreement accessible to all members of the 17
family, accountability, intervention, and response team through an 18
electronic platform provi ded by the Administrative Office of the 19
Courts]; 20
(9) (a) If a child successfully completes a diversion agreement, the underlying 21
complaint shall be dismissed and further action related to that complaint shall 22
be prohibited. 23
(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into 24
a diversion agreement, or fails to complete a diversion agreement, then: 25
1. For a public offense complaint, the matter shall be referred to the county 26
attorney for formal court action and, if a petiti on is filed, the child may 27
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request that the court dismiss the complaint based upon his or her 1
substantial compliance with the terms of diversion; 2
2. For a status offense complaint, except as provided for in 3
subparagraphs[subparagraph] 3. and 4. of this par agraph, the court -4
designated worker shall refer the matter to the county attorney for 5
consultation and, if a petition is filed, the child may request that the 6
court dismiss the complaint based upon his or her substantial 7
compliance with the terms of the di version;[family accountability, 8
intervention, and response team for review and further action; and] 9
3. For a status offense complaint alleging truancy for which the child failed 10
diversion in accordance with subsection (8)(b)1.a.ii. of this section, the 11
matter shall immediately be referred to the county attorney for formal 12
court action; and 13
4. For a status offense complaint alleging beyond the control of the 14
school for which the child failed diversion in accordance with 15
subsection (8)(b)1.a.iii. of this sect ion, the matter shall immediately be 16
referred to the county attorney for formal court action. 17
(c) [If the child enters into a diversion agreement or is referred to the family 18
accountability, intervention, and response team for truancy and there is no 19
action implemented by the family accountability, intervention, and response 20
team within thirty (30) days, the family accountability, intervention, and 21
response team shall report to the court the reasons for inaction and shall 22
provide a plan for action on the ch ild's case. The court shall review on the 23
record any diversion agreement and any report, without the attendance or 24
appearance of the child, at regular intervals at the court's discretion to verify 25
family accountability, intervention, and response team memb er attendance, 26
team accountability, and performance. 27
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(d) ]If a child fails to appear for a preliminary intake inquiry or fails to complete a 1
diversion agreement due to lack of parental cooperation, the court -designated 2
worker shall make a determination tha t the child failed to complete the 3
diversion due to lack of parent cooperation; 4
(10) If a complaint is referred to the court, the complaint and findings of the court -5
designated worker's preliminary intake inquiry shall be submitted to the court for 6
the court to determine whether process should issue; 7
(11) If the court receives a report with a determination that the diversion is failed due to 8
lack of parental cooperation, the court may order parental cooperation and refer the 9
case back to the court -designated worker. The child shall not be detained upon this 10
finding; and 11
(12) At any stage in the proceedings described in this section, the court or the county 12
attorney may review any decision of the court -designated worker. The court upon 13
its own motion or upon written request of the county attorney may refer any 14
complaint for a formal hearing. 15
Section 8. The following KRS section is repealed: 16
605.035 Family accountability, intervention, and response teams -- Purpose -- 17
Membership. 18