Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:100 - Admissions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.065,
				15A.0652,
				15A.067,
				200.080-200.120, Chapters
				600-645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.065(1),
				15A.0652,
				15A.067,
				15A.069,
				15A.160,
				15A.305(5),
				605.150,
				635.095, and
				640.120 authorize the Justice
				and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
				administrative regulations for the proper administration of the cabinet and its
				programs. This administrative regulation establishes admission, classification,
				and notice requirements for juveniles in the custody of the department in
				juvenile detention centers, youth development centers, and group homes.
Section 1. Admission to a Juvenile Detention
			 Center.
(1) The agency or individual
			 presenting a juvenile at a secure detention facility shall provide
			 documentation authorizing detention or the juvenile shall not be accepted for
			 admission.
(2) A juvenile with a
			 serious physical injury or medical condition requiring skilled nursing care or
			 who reports or appears to be under the influence of a drug or alcohol shall be
			 denied admission until seen by a medical professional and determined to be
			 medically stable.
(3) A juvenile
			 may be housed to best accommodate their medical needs, if possible.
(4) Juveniles shall be housed so as to reduce
			 known risk factors, including proximity and interaction with co-defendants and
			 others with whom they have emergency protective or other no-contact orders,
			 security threat group assessments, suicide risk, and assaultive and disruptive
			 behavior, and meet identified developmental and individual needs.
(5) Until a plan outlined in Section 6 of
			 Senate Bill 162 enacted during the 2023 Regular Session is operational, DJJ
			 shall continue to operate under the current emergency structure, and shall
			 operate at least one female only detention facility and for male youth, DJJ
			 shall operate both high-security detention facilities and low-security
			 detention facilities.
(a) The high-security
			 detention centers shall house juveniles fourteen (14) years of age or older
			 that are accused of having committed a Class C felony. The offense allegations
			 for juveniles charged with a Class D felony may be reviewed for concerns of
			 violence and placement in a high-security detention center.
(b) The low-security detention centers shall
			 house juveniles thirteen (13) years of age or younger that are accused of
			 having committed a Class C felony or above and all juveniles that are accused
			 of having committed a Class D felony or below, except as provided in paragraph
			 (a) of this subsection.
(6) DJJ may determine and designate the
			 detention center in which a juvenile will be detained based on multiple factors
			 such as safety, security, staffing needs, and the fluctuating number of
			 juveniles and capacities at different locations, and known risk factors,
			 including proximity and interaction with co-defendants and others with whom
			 they have emergency protective or other no-contact orders, security threat
			 group assessments, suicide risk, and assaultive and disruptive behavior, and
			 meet identified developmental and individual needs.
(7) DJJ may transfer a juvenile initially
			 placed at a low-security detention center to a high-security detention center
			 if the juvenile has:
(a) Injured or endangered
			 the life or health of self, another juvenile, or staff at the detention
			 center;
(b) Caused disruption in a
			 detention center;
(c) Smuggled
			 contraband into a detention center;
(d) Escaped from a detention
			 center;
(e) Established a pattern
			 of disruptive behavior not conducive to the operations and procedures of a
			 low-security detention center;
(f)
			 A medical issue; or
(g) Another
			 factor that causes an operational or security issue that can be addressed by
			 the transfer.
(8) DJJ may
			 transfer a juvenile initially placed at a high-security detention center to a
			 low-security detention center if the juvenile has:
(a) A special vulnerability, for example,
			 small stature or low weight compared to other juveniles in the
			 facility;
(b) A medical issue;
			 or
(c) Another factor that causes
			 an operational or security issue that can be addressed by the
			 transfer.