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15A.0652 Juvenile justice administrative regulations.
The Department of Juvenile Justice shall promulgate administrative regulations that shall
include:
(1) Development or adoption of a validated risk and needs assessment that:
(a) Considers factors such as the severity of the current offense, the child's
previous public offense record, and the child's assessed criminal risk factors;
(b) Is administered for all children adjudicated on a public offense prior to
disposition and at regular intervals thereafter to determine risk levels and to
identify intervention needs; and
(c) Is implemented based on policies and practices for utilization of the
assessment instrument to objectively guide placement and the length and type
of treatment for each child committed to the department or probated to the
department or other entity;
(2) The provision of treatment for committed and probated children in accordance with
evidence-based practices, including, at a minimum:
(a) Development of a case plan for each child committed to the department or
probated to the department that targets the risk factors identified in the
assessment, is responsive to individual characteristics, involves the family as
appropriate, provides supervision or monitoring of children according to their
case plan, and establishes a treatment plan in accordance with subsection (3)
of this section; and
(b) Development and implementation of a graduated sanctions protocol of swift,
certain, proportionate, and graduated sanctions that a probation officer or
employee of the department shall apply in response to a child's violations of
the terms or conditions of probation. The graduated sanctions protocol shall:
1.
Include a continuum of sanctions that take into account factors such as
the severity of the current violation, the child's previous criminal record,
the number and severity of any previous probation violations, the child's
assessed risk level, and the extent to which graduated sanctions were
imposed for previous violations. The system shall also define positive
reinforcements that the probated child may receive for compliance with
his or her terms or conditions of probation. A sanction of up to thirty
(30) days' out-of-home placement may be imposed for a violation of the
terms of probation. A child shall not be committed or recommitted to the
Department of Juvenile Justice for the violation of the conditions of
probation;
2.
Provide that judicial review for a probated youth, or an administrative
hearing for a committed youth, shall not be necessary to impose
graduated sanctions less than out-of-home placement; and
3.
Require that less-restrictive graduated sanctions be utilized prior to
requesting judicial review unless there is clear and convincing evidence
that there are no graduated sanctions available that are appropriate for
the child and the child is an immediate threat to himself, herself, or
(3)
(4)
(5)
others;
Development and implementation of treatment plans for committed and probated
children that:
(a) Take into consideration the severity of the current offense and the child's
assessed risk and needs as identified by a validated risk and needs assessment;
(b) Involve the family in the treatment plan as appropriate;
(c) Allow a child to complete treatment in the community if resources are
available rather than in a secure or nonsecure facility; and
(d) For committed children may include:
1.
A maximum of four (4) months of out-of-home placement if the child
was adjudicated for an offense that would be a misdemeanor if
committed by an adult, other than a violation of KRS Chapter 510 or an
offense involving a deadly weapon;
2.
A maximum of eight (8) months of out-of-home placement if the child
was adjudicated for an offense that would be a Class D felony if
committed by an adult, other than a violation of KRS Chapter 510 or an
offense involving a deadly weapon; and
3.
A provision that if a child has reached the maximum time allowed in
out-of-home placement, as specified in subparagraphs 1. and 2. of this
paragraph and further out-of-home placement is determined to be
necessary for completion of treatment, the child may be held for an
additional period only upon approval of the Administrative Transfer
Request Committee, or another appropriate entity within the department
as designated by the commissioner of the department after review of the
facts and circumstances warranting the need for continued out-of-home
placement. If the commissioner approves continued out-of-home
placement, the maximum time the placement may be continued is the
maximum originally allowed under subparagraphs 1. and 2. of this
paragraph and the total period of commitment shall not exceed that
permitted under KRS 635.060;
Development and implementation of professional development programs for
department staff who interact with or who are responsible for the treatment,
supervision, or placement of children, that includes training on juvenile justice
research relating to effectiveness of juvenile justice interventions, impacts of out-ofhome placement, alternatives to incarceration, use of graduated sanctions, case
planning, administration of a validated risk and needs assessment, and training to
address specific issues such as domestic violence, trauma, and family engagement;
Development of procedures for measuring the outcomes of each treatment and
intervention program and practice to demonstrate that the program or practice has a
documented evidence base and has been evaluated for effectiveness in reducing
recidivism for the children it serves, including:
(a) A process for reviewing the objective criteria for evidence-based programs
and practices established by the agency providing the program;
(b)
(c)
A process for auditing the effectiveness of the programs; and
An opportunity for programs that do not meet the criteria based on the audit
results to develop and implement a corrective action plan within one hundred
eighty (180) days of the audit;
(6) Development of procedures to track juvenile recidivism, which shall include
adjudication of a new public offense or conviction of a crime within three (3) years
of release from an out-of-home placement or release from commitment, and
collaboration with the Department of Corrections and the Administrative Office of
the Courts to obtain adult conviction and incarceration information to enable
collection of recidivism data;
(7) Development of procedures to track the pre-adjudication and post-adjudication
admissions beginning no later than August 1, 2014; and
(8) Development of procedures to ensure maximum utilization of available federal
funding resources which may be available to the agency.
As used in this section, "evidence-based practices," "graduated sanction," "out-of-home
placement," and "risk and needs assessment" have the same meanings as in KRS 600.020.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 132, sec. 5, effective July 15, 2014.
Legislative Research Commission Note (7/15/14). In subsection (3)(d)3. of this statute,
the Reviser of Statutes has changed the words "paragraphs (a) and (b) of this
subsection" to read "subparagraphs 1. and 2. of this paragraph." In an early version
of the bill that created this statute (2014 Ky. Acts ch. 132, sec. 5), the phrase
"paragraphs (a) and (b) of this subsection" was used in reference to language
corresponding to the present subparagraphs 1. and 2. When the bill was redrafted
before its final passage, the numbering of the paragraphs was changed, but the
reference was inadvertently left unchanged. The Reviser of Statutes has made this
correction under the authority of KRS 7.136(1).
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