Kentucky Administrative Regulations › Title 500 - JUSTICE AND PUBLIC SAFETY CABINET › Chapter 13 - Abuse Investigation › Section 500 KAR 13:020 - Internal Investigations Branch

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 authorizes the
				Secretary to promulgate administrative regulations for the proper
				administration of the Cabinet and its programs. This administrative regulation
				establishes the procedures for investigations by the Internal Investigations
				Branch, Office of Legal Services.
Section
			 1. Definitions.
(1) "Exonerated"
			 means the incident occurred, but the accused's actions were justified or
			 proper.
(2) "Facility" means a
			 group home, day treatment, residential treatment, youth development center, a
			 detention center, any other entity or location for juvenile care operated by or
			 contracted with the Department of Juvenile Justice for the placement of youth,
			 or any entity housing youth placed by or committed to the Department of
			 Juvenile Justice.
(3) "IIB" means
			 Internal Investigations Branch, Office of Legal Services, Justice and Public
			 Safety Cabinet.
(4) "Initiation"
			 means any action by the Internal Investigations Branch intended to ensure the
			 immediate safety of the victim or to obtain evidence or information relevant to
			 the investigation.
(5) "Not
			 substantiated" means there is insufficient evidence to determine if an incident
			 occurred or if the accused was involved in the incident.
(6) "Offender" means a person:
(a) Who is employed at, volunteers in,
			 visits, or contracts with a facility; and
(b) Against whom an allegation of a special
			 incident has been made.
(7) "Pending further investigation" means a
			 critical witness or offender cannot be located or refuses to cooperate with the
			 initial investigation, or there is other interference with the investigation,
			 beyond the control of IIB, that prevents IIB from making a final determination
			 for its finding.
(8) "Special
			 incident" means an act in which the health or welfare of a youth is harmed or
			 threatened with harm by an offender, including if an offender:
(a) Uses inappropriate or excessive force
			 that results in injury;
(b) Uses
			 inappropriate or excessive force that could result in an injury;
(c) Engages in any sexual activity to include
			 any contact or interaction, which uses or allows, permits or encourages the use
			 of a youth for the sexual gratification of the offender or another
			 person;
(d) Uses inappropriate
			 consequences as punishment such as exercise, harsh physical labor, or other
			 physical consequences outside accepted practices in accordance with 505 KAR
			 Chapters 1 and 2 of the Department for Juvenile Justice Policies and
			 Procedures;
(e) Allows or
			 encourages a youth to:
1. Use drugs or
			 alcohol;
2. Gamble; or
3. Engage in other illegal
			 activity;
(f) Does not
			 provide appropriate supervision, medical care, food, clothing, shelter, or
			 education;
(g) Uses humiliating,
			 demeaning, profane, or racially charged language directed at a youth;
(h) Uses verbal threats of harm directed at a
			 youth;
(i) Exhibits a pattern of
			 harassing conduct directed at a youth;
(j) Uses or attempts to use a youth for
			 personal gain;
(k) Accepts a bribe
			 from a youth or indicates a bribe would be accepted;
(l) Enters into any unlawful transaction with
			 a youth as set forth in KRS 530.064, 530.065, or 530.070;
(m) Enters into a business relationship with
			 a youth; or
(n) Extends unearned
			 special privileges to a youth in return for something.
(9) "Substantiated" means that an incident
			 occurred:
(a) By an admission of the person
			 responsible; or
(b) By a
			 preponderance of the evidence.
(10) "Unfounded" means the charges are false
			 or the offender was not involved in the incident.
(11) "Youth" means a person who is under the
			 custody, control, or supervision of the Department of Juvenile Justice as a
			 result of a court order or interstate supervision.