2020 Kentucky Revised Statutes Chapter 605 - Administrative matters 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.
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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 or a
fictive kin, 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, the fictive
kin, 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, fictive kin, 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
(2)
(3)
parent, relative, fictive kin, 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,
relative, fictive kin, 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 hearing, made an effort to contact the parents to
(4)
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 any law enforcement agency.
(5)
(6)
(7)
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:June 29, 2017
History: Amended 2017 Ky. Acts ch. 10, sec. 4, effective June 29, 2017. -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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