2016 Kentucky Revised Statutes CHAPTER 605 - ADMINISTRATIVE MATTERS .090 Alternative treatment for committed children -- Notice of inappropriate behavior of child -- Procedures for removal of child committed as dependent, neglected, or abused -- Reports -- Written transfer summary -- Placement of public offenders.
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605.090 Alternative treatment for committed children -- Notice of inappropriate
behavior of child -- Procedures for removal of child committed as dependent,
neglected, or abused -- Reports -- Written transfer summary -- Placement of
public offenders.
(1)
Unless precluded by law, any child committed to the Department of Juvenile Justice
or the cabinet may by the decision of the Department of Juvenile Justice or the
cabinet or its designee, at any time during the period of his or her commitment, be:
(a) Upon fourteen (14) days' prior written notice to the court, discharged from
commitment. Written notice of discharge shall be given to the committing
court and to any other parties as may be required by law;
(b) Placed in the home of the child's parents, in the home of a relative, a suitable
foster home, or boarding home, upon such conditions as the Department of
Juvenile Justice or the cabinet may prescribe and subject to visitation and
supervision by a social service worker or juvenile probation and parole
officer.
1.
At the time a committed child is placed in the home of his or her parents
by the Department of Juvenile Justice or the cabinet, the parents shall be
informed in writing of the conditions of the placement and the criteria
that will be used to determine whether removal is necessary.
2.
At the time a committed child is placed anywhere other than the home of
the child's parents, the cabinet or the Department of Juvenile Justice
shall inform the foster home, the relative, or the governing authority of
any private facility or agency in which the child has been placed whether
the minor placed is a juvenile sexual offender as defined in KRS
635.505(2) or of any inappropriate sexual acts or sexual behavior by the
child specifically known to the cabinet or Department of Juvenile
Justice, and any behaviors of the child specifically known to the cabinet
or Department of Juvenile Justice that indicate a safety risk for the
placement. Information received by any private facility or agency under
this paragraph shall be disclosed immediately and directly to the
individual or individuals who have physical custody of the child.
3.
If, after a placement is made, additional information is obtained by the
cabinet or the Department of Juvenile Justice about inappropriate sexual
behavior or other behavior of the committed child that may indicate a
safety risk for the placement, the cabinet or the Department of Juvenile
Justice shall as soon as practicable, but no later than seventy-two (72)
hours after the additional information is received, inform the foster
parent, relative, or private facility or agency. Additional information
received by any private facility or agency shall be disclosed immediately
and directly to the individual or individuals who have physical custody
of the child.
4.
Information disclosed under this paragraph shall be limited to the acts or
behaviors of the committed child and shall not constitute a violation of
confidentiality under KRS Chapter 610 or 620. No foster parent,
(2)
(3)
relative, or other person caring for a committed child shall divulge the
information received under this paragraph to persons who do not have a
legitimate interest or responsibility relating to the case. Nothing in this
subparagraph shall prohibit the disclosure or sharing of information
between a foster parent, custodian, private facility, or governmental
entity for the protection of any child. A violation of this subparagraph is
a Class B misdemeanor;
(c) Placed in one (1) of the facilities or programs operated by the Department of
Juvenile Justice or the cabinet, except that no child committed under the
provisions of KRS 610.010(2)(a), (b), or (c) shall be placed in a facility
operated by the Department of Juvenile Justice for children adjudicated as a
public offender unless the cabinet and the department agree, and the court
consents, that the placement is in the best interest of the child and that the
placement does not exceed a group home level;
(d) Placed in a child-caring facility operated by a local governmental unit or by a
private organization willing to receive the child, upon such conditions as the
cabinet may prescribe;
(e) However, under no circumstances shall a child committed under KRS Chapter
620 be placed in a home, facility, or other shelter with a child who has been
committed to the Department of Juvenile Justice for commission of a sex
crime, as that term is defined in KRS 17.500, unless the child committed for
the commission of a sex crime is kept segregated from other children in the
home, facility, or other shelter that have not been committed for the
commission of a sex crime;
(f) Treated as provided in KRS Chapter 645;
(g) Following the transfer or placement of a child pursuant to paragraphs (b), (c),
(d), (e), or (f) of this subsection, the Department of Juvenile Justice or the
cabinet shall, within fourteen (14) days, excluding weekends and holidays,
give written notice to the court of the transfer, the placement, and the reasons
therefor.
No child ten (10) years of age or under shall be placed in a facility operated by the
Department of Juvenile Justice for children adjudicated as public offenders, except
that a child charged with the commission of a capital offense or with an offense
designated as a Class A or Class B felony may be detained in a state-operated
detention facility when there is no available less restrictive alternative.
If a child committed to the cabinet as dependent, neglected, or abused is placed in
the home of the child's parents, the child shall not be removed except in accordance
with the following standards and procedures:
(a) If the social service worker believes that the committed child continues to be
dependent, neglected, or abused, but immediate removal is unnecessary to
protect the child from imminent death or serious physical injury, the casework
situation and evidence shall be reviewed with his supervisor to determine
whether to continue work with the family intact or to remove the child. There
shall be documentation that the social service worker, prior to the court
(4)
hearing, made an effort to contact the parents to inform them of the specific
problems that could lead to removal so they have an opportunity to take
corrective action. If the parents are unavailable or do not respond to attempts
to communicate, the specific circumstances shall be documented;
(b) If it appears that the child's health or welfare or physical, mental, or emotional
condition is subjected to or threatened with real and substantial harm and
there is not reasonably available an alternative less drastic than removal of the
child from the home, the cabinet shall petition the District Court to review the
commitment pursuant to KRS 610.120 in relation to the cabinet's intention to
remove the child from the parent's home. The petition shall set forth the facts
which constitute the need for removal of the child. The court shall serve notice
of the petition and the time and place of the hearing on the parents; however,
the social service worker shall also contact the parents to ensure that they
received the notice and are aware of the right to be represented by counsel. If
the parents' whereabouts are unknown, notice may be mailed to the last known
address of an adult who is a near relative. If the court fails to find that the
child's health or welfare or physical, mental, or emotional condition is
subjected to or threatened with real and substantial harm, or recommends a
less drastic alternative that is reasonably available, the child shall not be
removed from the parents' home;
(c) If a social service worker finds a committed, unattended child who is too
young to take care of himself, the social service worker shall make reasonable
efforts to arrange for an emergency caretaker in the child's home until the
parents return or fail to return within a reasonable time. If no in-home
caretaker is available for the child, the social service worker shall request any
appropriate law enforcement officer to take the child into protective custody.
If, after a reasonable time, it appears the child has been abandoned, the cabinet
shall petition the District Court to review the case; or
(d) If there exist reasonable grounds to believe that the child is in danger of
imminent death or serious physical injury or is being sexually abused and that
the parents are unable or unwilling to protect the child, the social service
worker shall, with the assistance of a law enforcement officer, immediately
remove the child prior to filing a petition for review. Within seventy-two (72)
hours after the removal, the cabinet shall file a petition for review in District
Court pursuant to KRS 610.120 with a request for an expeditious hearing. If
the court fails to find that the child's health or welfare or physical, mental, or
emotional condition is subjected to or threatened with real and substantial
harm, or recommends a less drastic alternative that is reasonably available, the
child shall be returned to the parents' home.
The cabinet or the Department of Juvenile Justice, as appropriate, shall notify the
juvenile court of the county of placement with the conditions of supervised
placement of each child placed in that county from one (1) of the residential
treatment facilities operated by the Department of Juvenile Justice or the cabinet.
Notice of the conditions of such placement may be made available by the court to
(5)
(6)
(7)
any law enforcement agency.
The person in charge of any home to which a child is probated, and the governing
authority of any private facility or agency to which a child is committed, shall make
such reports to the court as the court may require, and such reports as the
Department of Juvenile Justice or the cabinet may require in the performance of its
functions under the law. The Department of Juvenile Justice or the cabinet shall
have the power to make such visitations and inspections of the homes, facilities, and
agencies in which children who have committed public offenses have been placed
as it deems necessary to carry out its functions under the law.
The Department of Juvenile Justice or the cabinet shall provide a written transfer
summary to the person in charge of any foster home or any governing authority of
any private facility or agency in which the Department of Juvenile Justice or the
cabinet has placed a child. The written summary shall include, at a minimum,
demographic information about the child, a narrative statement detailing the child's
prior placements, the length of time the child has been committed, a description of
the services and assistance provided to the child or the child's family since the most
current case plan, a copy of the current case plan for the child and the child's family,
and a copy of the child's medical and educational passport, if available, provided
that no information shall be provided that violates any statutory confidentiality
requirements. The transfer summary shall state whether the child placed is a
juvenile sexual offender as defined in KRS 635.505(2), and include information
required under subsection (1) of this section. The transfer summary shall be
provided by the Department of Juvenile Justice if it is responsible for the child, or
the cabinet if it is responsible for the child, within seven (7) days of the placement
of the child with the person, agency, or facility providing care to the child.
The Department of Juvenile Justice may assist the courts in placing children who
have committed public offenses in boarding homes, and, under agreements with the
individual courts, may assume responsibility for making such placements. Counties
may pay or contribute towards the expenses of maintaining such children and, to the
extent authorized by the fiscal court, the Department of Juvenile Justice may incur
obligations chargeable to the county for such expenses.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 87, sec. 17, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 182, sec. 50, effective July 12, 2006. -- Amended 2002 Ky. Acts
ch. 263, sec. 3, effective July 15, 2002; and ch. 279, sec. 3, effective July 15, 2002. -Amended 2000 Ky. Acts ch. 14, sec. 62, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 57, sec. 3, effective March 17, 1998; ch. 398, sec. 5, effective July 15,
1998; and ch. 606, sec. 20, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
358, sec. 14, effective July 1, 1997. -- Amended 1994 Ky. Acts ch. 226, sec. 1,
effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 7, effective April
10, 1988; and ch. 350, sec. 142, effective April 10, 1988. -- Created 1986 Ky. Acts
ch. 423, sec. 12, effective July 1, 1987.
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