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605.020
Supervision of court-designated workers -- Training -- Data
collection, tracking, and reporting -- Graduated response protocol -Complaint form. (Effective July 1, 2015)
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Standards for the employment of court-designated workers shall be set by the
Administrative Office of the Courts.
If the Administrative Office of the Courts contracts with a public agency for the
provision of the court-designated worker or workers, the contract shall specify
that it is for the services, in part or in whole, of named personnel of that agency
and no others. Personnel of a public agency under contract to the
Administrative Office of the Courts selected as court-designated workers shall
be selected in the manner set forth in the contract by and between the public
agency and the Administrative Office of the Courts; shall be under the control
of the Administrative Office of the Courts and the court to which they are
assigned; and shall be subject to the same powers, duties, and restrictions as
are court-designated workers employed by the Administrative Office of the
Courts.
Court-designated workers, whether employed by the Administrative Office of
the Courts or by a public agency under contract to the Administrative Office of
the Courts, may be disciplined or removed from the position of
court-designated worker in the manner specified in the:
(a) Personnel policies for employees of the Administrative Office of the
Courts or the personnel policies of the contract agencies as approved by
the Administrative Office of the Courts; and
(b) Contract by and between the public agency and the Administrative Office
of the Courts.
The Administrative Office of the Courts shall not contract with private
corporations, persons, or agencies for the services of court-designated
workers.
The Administrative Office of the Courts shall provide training to all
court-designated workers in:
(a) The administration of evidence-based screening instruments and, for
some workers as appropriate, the administration of risk and needs
assessments;
(b) Identification of appropriate services for children and families;
(c) Techniques for diversion agreement implementation and supervision;
(d) Identifying and understanding the issues that led to the filing of a
complaint, which may include recognition of signs of trauma, disability,
behavioral, mental health, or substance abuse issues, in order to
determine appropriate referrals; and
(e) Juvenile justice research, best practices, and any other subject deemed
appropriate and available.
(a) The Administrative Office of the Courts shall collect and track data, and
provide an annual report to the oversight council created in KRS 15A.063
containing the following information:
1.
The number and type of complaints received by each
court-designated worker;
2.
The outcome of each complaint, including whether a referral was
made to the county attorney or the Department for Community
Based Services;
3.
The number of children committed to the Department for Community
Based Services pursuant to KRS Chapter 620 who were originally
charged with status offenses under KRS Chapter 630 or whose
cases were amended from status to dependency, neglect, and
abuse; and
4.
Whether a child who successfully completed a diversion agreement
was, within one (1) year following completion of the agreement,
adjudicated a public offender or convicted in the adult court of a
criminal offense.
(b) Personally identifiable information of the court-designated worker shall
not be provided but shall be retained by the Administrative Office of the
Courts to address the need for additional staff training or other
appropriate action.
(7) The Administrative Office of the Courts shall develop a graduated response
protocol, consisting of a continuum of responses from the least restrictive to the
most restrictive, for court-designated workers to utilize in response to violations
of the terms of a diversion agreement.
(8) The Administrative Office of the Courts shall collaborate with the Justice and
Public Safety Cabinet and provide technical assistance to judicial districts in
implementing the fiscal incentive program established in KRS 15A.062.
(9) The Administrative Office of the Courts shall act as the fiscal agent to receive
funds awarded pursuant to KRS 15A.062.
(10) The Administrative Office of the Courts shall, by regulation, establish a form
complaint to be used in filing all complaints with the court-designated worker.
The form shall contain the requirements of KRS 610.020, and if the complaint
is filed by a school district, shall require that the director of pupil personnel
state that he or she documented the home conditions of the student and the
intervention strategies attempted, as required by KRS 159.140, and that he or
she attempted to conduct a conference with the child and a parent.
Effective:July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 27, effective July 1, 2015. -Created 1986 Ky. Acts ch. 423, sec. 5, effective July 1, 1987.
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