Download as PDF
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 childs
previous public offense record, and the childs 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 childs
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 childs previous criminal
record, the number and severity of any previous probation violations,
the childs 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
(3)
(4)
(5)
himself, herself, or 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 childs
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-of-home 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) A process for auditing the effectiveness of the programs; and
(c)
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).
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.