Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:040 - Juvenile records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) A juvenile detention
			 center or holding facility shall establish a written policy and procedure
			 governing record management, including the establishment, utilization, content,
			 privacy, security and preservation of records, and a schedule for the
			 retirement or destruction of inactive case records. These policies and
			 procedures shall be reviewed annually.
(2) An admittance form shall be completed for
			 every juvenile admitted to the facility and contain at least the following
			 information:
(a) Court case number, if any,
			 and detention facility admission number;
(b) Date and time of admission and
			 release;
(c) Name and
			 nicknames;
(d) Last known
			 address;
(e) Legal status
			 (authority for detention);
(f) Name
			 of attorney, if any;
(g) Name,
			 title and signature of delivering officer;
(h) Specific charges;
(i) Sex;
(j) Date of birth;
(k) Place of birth;
(l) Race or nationality;
(m) Education and school attended;
(n) Employment, if any;
(o) Religion;
(p) Health status;
(q) Medical consent forms;
(r) Name, relationship, address and phone
			 number of the parent, guardian, or person juvenile resides with at time of
			 admission;
(s) Driver's license
			 number, Social Security number and Medicaid number, if applicable;
(t) Date of petition;
(u) Court and disposition, if any;
(v) Space for remarks (to include notation of
			 any open wounds or sores requiring treatment, evidence of disease or body
			 vermin, or tattoos);
(w) Person
			 recording data;
(x) Inventory of
			 property;
(y) Emergency contact;
			 and
(z) Suicide
			 assessment.
(3) A
			 juvenile detention center or holding facility shall establish a written policy
			 and procedure providing for guidelines for the collection and retention of
			 information pertaining to the detained juveniles.
(4) A record shall be maintained on each
			 juvenile and include, at a minimum, the following information:
(a) Initial intake information
			 form;
(b) Documented legal
			 authority to accept juvenile;
(c)
			 Information on referral source;
(d)
			 Record of court appearances;
(e)
			 Signed release of information forms;
(f) A record of cash and valuables
			 held;
(g) Notations of temporary
			 absences from the facility, if any;
(h) Visitors' names and dates of visits, if
			 any;
(i) A record of telephone
			 calls, if any;
(j) Probation
			 officer or caseworker assigned;
(k)
			 Progress reports on program involvement;
(I) Program rules and disciplinary policy
			 signed by juvenile;
(m) Grievance
			 and disciplinary record, if any;
(n) Referrals to other agencies, if any; and
(o) Final discharge or transfer
			 report.
(5) A juvenile
			 detention center or holding facility shall establish a written policy and
			 procedure requiring the responsible staff members to make all entries into the
			 records assigned to them, and date and sign each entry.
(6) The facility shall maintain a single
			 master file identifying all juveniles detained in the facility.
(7) The contents of records shall be
			 identified and separated according to an established format.
(8) The facility shall maintain a system that
			 identifies all juveniles in custody and their actual physical
			 locations.
(9) Except as provided
			 in
			 KRS
			 61.870 through
			 61.884,
			 a juvenile detention center or holding facility shall establish a written
			 policy and procedure providing that records are safeguarded from unauthorized
			 and improper disclosure. Manual records shall be marked confidential and kept
			 in locked files that shall be also marked confidential. The written policy and
			 procedure shall provide that when any part of the information system is
			 computerized, security ensures confidentiality.
(10) The administration shall use a consent
			 form that complies with applicable federal and state regulations. The juvenile
			 signs a "release of information consent form" before the release of information
			 as required by regulation and a copy of the form is maintained in the
			 juvenile's record.
(11) Consistent
			 with open record statutes, written policy and procedure shall provide that
			 individuals and agencies may have access to records for the purposes of
			 research, evaluation and statistical analysis in accordance with a formal
			 written agreement that authorizes access, specifies uses of data, and ensures
			 confidentiality and security.