KRS § 630.080 — KY Code / Title LI / Chapter 630 / Section 630.080
630.080 Detention in secure juvenile detention facility or juvenile holding facility -- Limitation on detention of child
Status: in_force

630.080 Detention in secure juvenile detention facility or juvenile holding facility --

Limitation on detention of child.

(1) In order for the court to detain a child after the detention hearing, the

Commonwealth shall establish probable cause at the detention hearing that the child

is a status offender and that further detention of the child is necessary for the

protection of the child or the community. If the Commonwealth fails to establish

probable cause that the child is a status offender, the complaint shall be dismissed

and the child shall be released. If the Commonwealth establishes probable cause

that the child is a status offender, but that further detention of the child is not

necessary for the protection of the child or the community, the child shall be

released to the parent or person exercising custodial control or supervision of the

child. If grounds are established that the child is a status offender, and that further

detention is necessary, the child may be placed in a nonsecure setting approved by

the Department of Juvenile Justice;

(2) A status offender may be securely detained if the cabinet has initiated or intends to

initiate transfer of the youth by competent document under the provisions of the

interstate compact pursuant to KRS Chapter 615;

(3) The appropriate public agency shall:

(a) Within twenty-four (24) hours, exclusive of weekends and holidays, of

receiving notification, as provided in KRS 15A.305(3), that a status offender

or alleged status offender has been detained on the allegation that the child has

violated a valid court order, meet with and interview the child; and

(b) Within forty-eight (48) hours, exclusive of weekend and holidays, of the

detention hearing required under KRS 610.265, prepare and deliver to the

court the completed written report required by subsection (4) of this section

and KRS 610.265 if the child remains in detention after the detention hearing,

and prior to the disposition hearing if the child has not been detained; and

(4) A status offender or alleged status offender who is subject to a valid court order

may be securely detained upon a finding that the child violated the valid court order

if the court does the following prior to ordering that detention:

(a) Affirms that the requirements for a valid court order were met at the time the

original order was issued;

(b) Makes a determination during the adjudicatory hearing that the child violated

the valid court order; and

(c) Within forty-eight (48) hours after the adjudicatory hearing on the violation of

a valid court order by the child, exclusive of weekends and holidays, the court

receives and reviews a written report prepared by an appropriate public agency

that reviews the behavior of the child and the circumstances under which the

child was brought before the court, determines the reasons for the child's

behavior, and determines whether all dispositions other than secure detention

have been exhausted or are inappropriate. If a prior written report is included

in the child's file, that report shall not be used to satisfy this requirement. The

child may be securely detained for a period not to exceed forty-eight (48)

hours, exclusive of weekends and holidays, pending receipt and review of the

report by the court. The hearing shall be conducted in accordance with the

provisions of KRS 610.060. The findings required by this subsection shall be

included in any order issued by the court which results in the secure or

nonsecure detention of a status offender.