KRS § 610.200 — KY Code / Title LI / Chapter 610 / Section 610.200
610.200 Duties of peace officer
Status: in_force

610.200 Duties of peace officer.

(1) When a peace officer has taken or received a child into custody on a charge of

committing an offense, the officer shall immediately inform the child of his

constitutional rights and afford him the protections required thereunder, notify the

parent, or if the child is committed, the Department of Juvenile Justice or the

cabinet, as appropriate, and if the parent is not available, then a relative, guardian,

or person exercising custodial control or supervision of the child, that the child has

been taken into custody, give an account of specific charges against the child,

including the specific statute alleged to have been violated, and the reasons for

taking the child into custody.

(2) (a) When a peace officer has taken or received a child into protective custody on

suspicion of being a runaway, the officer shall immediately notify:

1. The child's parent, guardian, or person exercising custodial control or

supervision of the child, if determined;

2. The cabinet or Department of Juvenile Justice, if appropriate; and

3. The court-designated worker.

(b) If the parent, guardian, or other person exercising custodial control or

supervision is identified and notified, the peace officer may retain custody of

the child for a reasonable period to allow the person notified the opportunity

to arrive at the officer's location and collect the child.

(c) If the parent, guardian, or other person exercising custodial control or

supervision cannot be identified or located, the peace officer may retain

custody of the child for a period of time not to exceed two (2) hours to

continue his or her investigation.

(d) If, at the conclusion of the peace officer's investigation, the parent, guardian,

or person exercising custodial control or supervision of the child is identified

and notified, the peace officer shall return the child to the custody of that

person and shall file a status offense case with the court-designated worker.

(e) If, at the conclusion of the peace officer's investigation, the parent, guardian,

or person exercising custodial control or supervision of the child cannot be

identified or located, or that person refuses to collect the child, the peace

officer shall file a complaint pursuant to KRS 610.012.

(3) Unless the child is subject to trial as an adult or unless the nature of the offense or

other circumstances are such as to indicate the necessity of retaining the child in

custody, the officer shall release the child to the custody of his parent or if the child

is committed, the Department of Juvenile Justice or the cabinet, as appropriate; or if

the parent is not available, then a relative, guardian, or person exercising custodial

control or supervision or other responsible person or agency approved by the court

upon the written promise, signed by such person or agency, to bring the child to the

court at a stated time or at such time as the court may order. The written promise,

accompanied by a written report by the officer, shall be submitted forthwith to the

court or court-designated worker and shall detail the reasons for having taken

custody of the child, the release of the child, the person to whom the child was

released, and the reasons for the release.

(4) (a) If the person fails to produce the child as agreed or upon notice from the Court

as provided in subsection (3) of this section, a summons, warrant, or custody

order may be issued for the apprehension of the person or of the child, or both.

(b) If the person notified to collect a suspected runaway pursuant to subsection

(2)(a) of this section fails or refuses to collect the child, the peace officer shall

notify the county attorney, who may file a charge of endangering the welfare

of a minor, and the cabinet.

(5) The release of a child pursuant to this section shall not preclude a peace officer from

proceeding with a complaint against a child or any other person.

(6) Unless the child is subject to trial as an adult, if the child is not released, the peace

officer shall contact the court-designated worker who may:

(a) Release the child to his parents;

(b) Release the child to such other persons or organizations as are authorized by

law;

(c) Release the child to either of the above subject to stated conditions; or

(d) Except as provided in subsection (7) of this section, authorize the peace

officer to retain custody of the child for an additional period not to exceed

twelve (12) hours during which the peace officer may transport the child to a

secure juvenile detention facility or a nonsecure facility. If the child is retained

in custody, the court-designated worker shall give notice to the child's parents

or person exercising custodial control or supervision of the fact that the child

is being retained in custody.

(7) (a) Except as provided in paragraph (b) of this subsection, no child ten (10) years

of age or under shall be taken to or placed in a juvenile detention facility.

(b) Any child ten (10) years of age or under who has been charged with the

commission of a capital offense or with an offense designated as a Class A or

Class B felony may be taken to or placed in a secure juvenile detention facility

or youth alternative center when there is no available less restrictive

alternative.