KRS § 15A.0652 — KY Code / Title III / Chapter 15A / Section 15A.0652
15A.0652 Juvenile justice administrative regulations
Status: in_force

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 child's

previous public offense record, and the child's 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 child's 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 child's previous criminal record,

the number and severity of any previous probation violations, the child's

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 himself, herself, or

others;

(3) Development and implementation of treatment plans for committed and probated

children that:

(a) Take into consideration the severity of the current offense and the child's

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;

(4) 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;

(5) 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.