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PROCEDURAL MATTERS

KRS tit. LI, ch. 610
in effect

KRS 610.010 District Court jurisdiction of juvenile matters

610.010. District Court jurisdiction of juvenile matters (1) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the District Court of each county shall have exclusive jurisdiction in proceedings concerning any child living or found within the county who has not reached his or her eighteenth birthday or of any person who at the time of committing a public offense was under the age of eighteen (18) years, who allegedly has committed a public offense prior to his or her eighteenth birthday, except a motor vehicle offense involving a child fifteen (15) years of age or older. A child fifteen (15) years of age or older taken into custody upon the allegation that the child has committed a motor vehicle offense shall be treated as an adult and shall have the same conditions of release applied to him or her as an adult. A child taken into custody upon the allegation that he or she has committed a motor vehicle offense who is not released under conditions of release applicable to adults shall be held, pending his or her appearance before the District Court, in a facility as defined in KRS 15A.067. Children fifteen (15) years of age or older who are convicted of, or plead guilty to, a motor vehicle offense shall, if sentenced to a term of confinement, be placed in a facility for that period of confinement preceding their eighteenth birthday and an adult detention facility for that period of confinement subsequent to their eighteenth birthday. The term "motor vehicle offense" shall not be deemed to include the offense of stealing or converting a motor vehicle nor operating the same without the owner's consent nor any offense which constitutes a felony; (2) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the District Court of each county or the family division of the Circuit Court shall have exclusive jurisdiction in proceedings concerning any child living or found within the county who has not reached his or her eighteenth birthday and who allegedly: (a) Is beyond the control of the school or beyond the control of parents as defined in KRS 600.020; (b) Is an habitual truant from school; (c) Is an habitual runaway from his or her parent or other person exercising custodial control or supervision of the child; (d) Is dependent, neglected, or abused; (e) Has committed an alcohol offense in violation of KRS 244.085; or (f) Is mentally ill. (3) Actions brought under subsection (1) of this section shall be considered to be public offense actions. (4) Actions brought under subsection (2)(a), (b), (c), and (e) of this section shall be considered to be status offense actions. (5) Actions brought under subsection (2)(d) of this section shall be considered to be nonoffender actions. (6) Actions brought under subsection (2)(f) of this section shall be considered to be mental health actions. (7) Nothing in this chapter shall deprive other courts of the jurisdiction to determine the custody or guardianship of children upon writs of habeas co rpus or to determine the custody or guardianship of children when such custody or guardianship is incidental to the determination of other causes pending in such other courts; nor shall anything in this chapter affect the jurisdiction of Circuit Courts over adoptions and proceedings for termination of parental rights. (8) The court shall have no jurisdiction to make permanent awards of custody of a child except as provided by KRS 620.027. (9) If the court finds an emergency to exist affecting the welfare of a child, or if the child is eligible for the relative or fictive kin caregiver assistance as established in KRS 620.142, it may make temporary orders for the child's custody; however, if the case involves allegations of dependency, neglect, or abuse, no emergency removal or temporary custody orders shall be effective unless the provisions of KRS Chapter 620 are followed. Such orders shall be entirely without prejudice to the proceedings for permanent custody of the child and shall remain in effect until modified or set aside by the court. Upon the entry of a temporary or final judgment in the Circuit Court awarding custody of such child, all prior orders of the juvenile session of the District Court in conflict therewith shall be deemed canceled. This section shall not work to deprive the Circuit Court of jurisdiction over cases filed in Circuit Court. (10) The court of each county wherein a public offense, as defined in subsection (1) of this section, is committed by a child who is a resident of another county of this state shall have concurrent jurisdiction over such child with the court of the county wherein the child resides or the court of the county where the child is found. Whichever court first acquires jurisdiction of such child may proceed to final disposition of the case, or in its discretion may make an order transferring the case to the court of the county of the child's residence or the county wherein the offense was committed, as the case may be. (11) Nothing in this chapter shall prevent the court from holding a child in contempt of court to enforce valid court orders previously issued by the court, subject to the requirements contained in KRS 610.265 and 630.080. (12) Except as provided in KRS 630.120(5), 635.060(4), or 635.090, nothing in this chapter shall confer upon the District Court or the family division of the Circuit Court, as appropriate, jurisdiction over the actions of the Department of Juvenile Justice or the cabinet in the placement, care, or treatment of a child committed to the Department of Juvenile Justice or committed to or in the custody of the cabinet; or to require the department or the cabinet to perform, or to refrain from performing, any specific act in the placement, care, or treatment of any child committed to the department or committed to or in the custody of the cabinet. (13) Unless precluded by KRS Chapter 635 or 640, in addition to informal adjustment, the court shall have the discretion to amend the petition to reflect jurisdiction pursuant to the proper chapter of the Kentucky Unified Juvenile Code. (14) The court shall have continuing jurisdiction over a child pursuant to subsection (1) of this section, to review dispositional orders, and to conduct permanency hearings under 42 U.S.C. sec. 675(5)(c) until the child is placed for adoption, returned home to his or her parents with all the court imposed conditions terminated, completes a disposition pursuant to KRS 635.060, or reaches the age of eighteen (18) years. Effective: April 4, 2025 History: Amended 2025 Ky. Acts ch. 160, sec. 3, effective April 4, 2025. -- Amended 2020 Ky. Acts ch. 35, sec. 11, effective March 26, 2020. -- Amended 2019 Ky. Acts ch. 73, sec. 4, effective June 27, 2019. -- Amended 2014 Ky. Acts ch. 132, sec. 35, effective July 1, 2015. -- Amended 2008 Ky. Acts ch. 87, sec. 3, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 257, sec. 12, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 60, sec. 2, effective July 14, 2000; ch 193, sec. 2, effective July 14, 2000; and ch. 306, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 443, sec. 13, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 18, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 226, sec. 2, effective July 15, 1994; ch. 318, sec. 1, effective July 15, 1994; and ch. 489, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 14, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 20, effective July 1, 1987.

KRS 610.012 Exclusive jurisdiction of District Court or family division of Circuit Court concerning temporary detention of suspected runaway

610.012. Exclusive jurisdiction of District Court or family division of Circuit Court concerning temporary detention of suspected runaway (1) The District Court or the family division of the Circuit Court shall have exclusive jurisdiction of proceedings under this section. (2) Proceedings to temporarily detain a child suspected of being a runaway by means of an emergency protective custody order, pending further appropriate court action, shall be initiated by filing a complaint with the court-designated worker. (3) Notwithstanding any other provision of law to the contrary, a child who is suspected of being a runaway may be detained in a nonsecure facility for a period of time not to exceed seventy-two (72) hours, exclusive of weekends and holidays, or, if the court makes a finding on the record that no less restrictive alternative is available, in a secure juvenile detention facility for a period of time not to exceed twenty-four (24) hours, exclusive of weekends and holidays, pursuant to an ex parte emergency protective order pending a court hearing to determine whether to return the child to his or her custodian or give custody of the child to the cabinet. (4) If, at the hearing held as provided for in subsection (3) of this section, the child is not released, the court shall issue an emergency custody order pursuant to KRS Chapter 620 and place the child with the cabinet and the cabinet shall file a dependency, neglect, or abuse action. (5) All hearings subsequent to the issuance of an emergency custody order shall be in accordance with KRS Chapter 620. (6) If the child is released, except to the cabinet pursuant to an emergency custody order, the court-designated worker shall initiate a status offense case. (7) The provisions of this section shall not apply to a child coming under the purview of KRS Chapter 615. Effective: July 1, 2015 History: Created 2014 Ky. Acts ch. 132, sec. 34, effective July 1, 2015.

KRS 610.015 Procedure when child tried as an adult -- Matters to be tried by Circuit Court -- Release of records

610.015. Procedure when child tried as an adult -- Matters to be tried by Circuit Court -- Release of records (1) A child who is charged with an offense which classifies him for trial as an adult in the Circuit Court or the adult session of the District Court shall, at the time the decision is made by the court to try the child as an adult, be subject to the arrest, post-arrest, and criminal procedures that apply to an adult, except for the place of confinement, as provided in the Kentucky Revised Statutes and the Rules of Criminal Procedure. (2) The Circuit Court shall try all misdemeanor, violation, traffic offense, and status offense matters included in or which arise from the act or series of acts which result in the trial of a child as an adult in the Circuit Court. (3) Records, limited to the records of the present case in which the child has been charged, relating to a child charged under this section shall not be made public until after the child has been indicted and arraigned on the offense for trial of the child as an adult. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-B of the Federal Social Security Act is also prohibited. (4) This section shall not be construed as permitting the release of the child's treatment, medical, mental, or psychological records unless those records are presented as evidence in open court. The release of information relative to the child's eligibility for services under Title IV-E or IV-B of the Federal Social Security Act is prohibited. Effective: July 15, 1997 History: Created 1996 Ky. Acts ch. 358, sec. 19, effective July 15, 1997. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), this statute becomes effective July 15, 1997.

KRS 610.020 Complaints

610.020. Complaints Except as otherwise provided in KRS Chapters 600 to 645: (1) The complaint and all subsequent court documents shall be entitled: "In the interest of ...., a child." The complaint shall be verified and may be upon information and belief. It shall set forth plainly: (a) The facts which bring the child within the purview of KRS Chapters 600 to 645; (b) The name, age and residence of the child; (c) The name and residence of each parent; (d) If the child has a legal guardian or is in the custody of or under the supervision of an adult other than a parent, the name and residence of such person; (e) If no parent, guardian or other such person is known or can be found, the name and residence of the nearest known adult relative of the child; and (f) If the child is in the custody or control of a person other than the parent, guardian or nearest adult relative, the name and residence of such person. (2) If any of the facts required to be stated in the complaint are not known by the complainant, it shall so state. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 21, effective July 1, 1987.

KRS 610.030 Preliminary intake inquiry procedures -- Resulting actions -- Formal conference -- Family screening tool -- Diversion agreement and family diversion agreement

610.030. Preliminary intake inquiry procedures -- Resulting actions -- Formal conference -- Family screening tool -- Diversion agreement and family diversion agreement Except as otherwise provided in KRS Chapters 600 to 645: (1) If any person files a complaint alleging that a child, except a child alleged to be neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the court, may be within the purview of KRS Chapters 600 to 645, the court -designated worker shall make a preliminary determination as to whether the complaint is complete. In any case where the court -designated worker finds that the complaint is incomplete, the court-designated worker shall return the complaint without delay to the person or agency originating the complaint or having knowledge of the facts, or to the appropriate law enforcement agency having investigative jurisdiction of the offense, and request additional information in order to complete the complaint. The complainant shall promptly furnish the additional information requested; (2) (a) Upon receipt of a complaint which appears to be complete and which alleges that a child has committed a public offense, the court -designated worker shall refer the complaint to the county attorney for revie w pursuant to KRS 635.010. (b) If after review the county attorney elects to proceed, the court -designated worker shall conduct a preliminary intake inquiry to recommend whether the interests of the child or the public require that further action be taken or whether, in the interest of justice, the complaint can be resolved informally without the filing of a petition; (3) Upon receipt of a truancy intervention precomplaint form required in KRS 159.152(2), the court-designated worker shall proceed in accorda nce with KRS 610.035; (4) Upon receipt of a complaint that appears to be complete and that alleges that the child has committed a status offense, the court -designated worker shall conduct a preliminary intake inquiry to determine whether the interests of t he child or the public require that further action be taken; (5) Prior to conducting a preliminary intake inquiry, the court -designated worker shall notify the child and the child's parent, guardian, or other person exercising custodial control or supervision of the child in writing: (a) Of their opportunity to be present at the preliminary intake inquiry; (b) That they may have counsel present during the preliminary intake inquiry and the formal conference; (c) 1. That all information supplied by the child to a court -designated worker during any process prior to the filing of the petition shall be deemed confidential and shall not be subject to subpoena or to disclosure without the written consent of the child. 2. That information may be shared between treatment providers, the court - designated worker, and if applicable, the RISE team to enable the court - designated worker to facilitate services and facilitate compliance with the diversion agreement; and (d) That the child has the right to deny the allegation and demand a formal court hearing; (6) The preliminary intake inquiry shall include the administration of an evidence- based screening tool and, if appropriate and available, a validated risk and needs assessment, in order to identify whether the child and his or her family are in need of services and the level of intervention needed; (7) (a) Upon the completion of the preliminary intake inquiry for a minor who is alleged to be a status offender and has been reported to the county attorney as required under KRS 159.140(3)(b), the court-designated worker shall, if the county attorney elects not to refer the complaint for formal court action, proceed under subsection (9) of this section. (b) Upon the completion of the preliminary intake inquiry for all other allegations, the court-designated worker may: 1. If the complaint alleges a status offense, and is filed against a student from a school: a. Without a SOAR Program, determine that no further action be taken; or b. With a SOAR Program, determine that no further action be taken subject to review by the RISE team; 2. If the complaint alleges a public offense, refer the complaint to the county attorney; 3. Refer a public offense complaint for informal adjustment; or 4. Based upon the results of the preliminary intake inquiry, other information obtained, and a determination that the interests of the child and the public would be better served, and with the written approval of the county attorney for a public offense complaint, if necessary, conduct a formal conference and enter into a diversion agreement; (8) Upon receiving written approval of the county attorney, if ne cessary, to divert a public offense complaint, and prior to conducting a formal conference, the court - designated worker shall advise in writing the complainant, the victim if any, and the law enforcement agency having investigative jurisdiction of the offe nse: (a) Of the recommendation and the reasons therefor and that the complainant, victim, or law enforcement agency may submit within ten (10) days from receipt of such notice a complaint to the county attorney for special review; or (b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact that the child was statutorily entitled to divert the case; (9) A formal conference shall include the child and his or her parent, guardian, or other person exercising custodial control or supervi sion and may, upon agreement of the court-designated worker, the child, and his or her parent, guardian, or other person exercising custodial control or supervision, include other adult support persons who are a significant presence in the child's life. Th e formal conference shall be used to: (a) Present information obtained at the preliminary intake inquiry; and (b) Administer an evidence-based family screening tool to identify family strengths, needs, and risks. Results from the family screening shall be used to develop a family diversion agreement that shall not exceed twelve (12) months in duration, and: 1. Shall include: a. An individualized plan for the child and his or her parent, guardian, or other person exercising custodial control or supervision to address the needs of the child and the family; b. A requirement that the child regularly attend school or participate in a specifically identified educational program agreed upon by the child, the court-designated worker, and the parent, guardian, or other person exercising custodial control or supervision that includes monitoring and reporting requirements to ensure compliance; c. A plan for monitoring the child's and family's progress and completion of the agreement, and for communication between the family and the court-designated worker; and d. For a child against whom a complaint alleging habitual truancy has been filed under KRS 159.140(3)(b), a requirement that if the child is absent from school without excuse for eight (8) days during one (1) school term, as defined in KRS 158.070, following the establishment of a family diversion agreement, the family shall immediately be considered to have failed to complete the family diversion agreement and subsection (10)(b)2. of this section shall immediately apply; and 2. May include: a. Referral of the child, parent, guardian, or other person exercising custodial control or supervision of the child, orthe family unit, if appropriate, to any or all of the following: i. A public or private entity or person for the provision of identified services to address needs identified through the family screening; ii. A community service program within the limitations provided under KRS 635.080(2); iii. School-based resources such as mental health services, family resource and youth service centers, or other available services and programs; iv. A restorative justice program; or v. Any other available and appropriate program or service; b. Restitution, limited to the actual pecuniary loss suffered by the victim, if the child has the means or ability to make restitution; c. Notification that the court -designated worker may apply graduated sanctions to the child or parent, guardian, or other person exercising custodial control or supervision for failure to comply with the family diversion agreement; and d. Any other provisions agreed upon by the court-designated worker, the child, and the parent, guardian, or other person exercising custodial control or supervision. 3. Prior to developing the family diversion agreement, the court-designated worker shall contact the school district that the child attends to obtain background information from school personnel regarding family background, education records, any services previously provided, and any recommended trauma informed strategies. 4. a. Upon developing a family diversion agreement, the court - designated worker shall electronically notify the director of pupil personnel at the school district that the child attends that the child has entered into a family diversion agreement, including the date of the agreement, and provide summary information regarding the child to be given to the individuals specified in this subparagraph. The summary information shall include the: i. Child's name; ii. Underlying charge for which diversion was granted; iii. Date the child was placed on diversion; and iv. Anticipated end date of the diversion period. b. The summary information shall be accessible to the county attorney, who shall be provided the summary information and who may share that information with any law enforcement officer who specifically requests that information and who has a legitimate reason, related to his or her employment, to receive the information. c. The summary information shall be accessible to the superintendent of the public school district in which the child is enrolled, or the principal of any private elem entary or secondary school that the child attends, subject to the following: i. A superintendent receiving the information pursuant to this subparagraph may share the information with the director of pupil personnel and any school resource officer or any other contract employee hired to provide security services for the school that the child attends; and ii. A principal of a private school receiving the information pursuant to this subparagraph may share the information with any person who provides security services for the school that the child attends; (10) (a) If a child and his or her parent, guardian, or other person exercising custodial control or supervision successfully completes the family diversion agreement, the underlying complaint against the child shall be dismissed and further action related to that complaint shall be prohibited. Upon completion of the family diversion agreement, the court-designated worker shall electronically notify the director of pupil personnel at the school district that the child attends, including the date the agreement was successfully completed. (b) 1. If a child fails to appear for a preliminary intake inquiry or declines to enter into a family diversion agreement, then: a. For a public offense complaint, the matter s hall be referred to the county attorney for review and possible formal court action; and b. For a status offense complaint filed against a student from a school: i. Without a SOAR Program, the court-designated worker shall refer the matter to the county attorney for review and further action; ii. With a SOAR Program, the court-designated worker shall refer the matter to the RISE team; and 2. a. If a child and his or h er parent, guardian, or other person exercising custodial control or supervision fail to complete a family diversion agreement, then the court -designated worker shall review the case to determine the primary reason for the failure. b. If the court-designated worker determines that the primary reason for the failure is lack of involvement by: i. The parent, guardian, or other person exercising custodial control or supervision, then the court-designated worker shall refer the case to the cabinet and shall share the results of the family-based screening tool with the cabinet at the time of the referral. The cabinet shall conduct an investigation of suspected dependency, neglect, or abuse of the child as required by KRS 605.130 and notify both the court-designated worker and the county attorney of its planned course of action and recommendation of how to proceed; or ii. The child, then the case shall be referred to the county attorney, and if a petition is filed, the child may request that the court dismiss the complaint based upon his or her substantial compliance with the terms of diversion; (11) If the county attorney refers a complaint for habitual truancy to the court, the county attorney shall electronically notify the director of pupil personnel at the school district that the child attends that the complaint has been filed, including the date of the filing; (12) If a complaint is referred to the court, the complaint and findings of the court- designated worker's preliminary intake inquiry and any family assessment conducted pursuant to subsection (9) of this section shall be submitted to the court for the court to determine whether process should issue; and (13) At any stage in the proceedings described in this section, the court or the county attorney may review any decision of the court-designated worker. The court upon its own motion or upon written request of the county attorney may refer any complaint for a formal hearing. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 4, effective July 15, 2026; and ch. 69, sec. 6, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 163, sec. 2, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 105, sec. 1, effective June 29, 2023. -- Amended 2014 Ky. Acts ch. 132, sec. 36, effective July 1, 2015. -- Amended 1988 Ky. Acts ch. 350, sec. 15, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 22, effective July 1, 1987. Legislative Research Commission Note (7/15/2026). This statute was amended by 2026 Ky. Acts chs. 68 and 69, which do not appear to be in conflict and have been codified together.

KRS 610.033 Supporting Opportunities for Accountability and Restoration Program -- Duties of Administrative Office of the Courts and school districts -- Responsive Interventions to Support and Empower teams -- Membership and duties -- Annual report -- Sunset

610.033. Supporting Opportunities for Accountability and Restoration Program -- Duties of Administrative Office of the Courts and school districts -- Responsive Interventions to Support and Empower teams -- Membership and duties -- Annual report -- Sunset (1) A pilot program shall be established in no less than ten (10) public school districts selected by the Chief Justice of the Supreme Court to participate in a Supporting Opportunities for Accountability and Restoration Program, also known as the SOAR Program. The SOAR Program shall include at least one (1) school from each participating school district and shall begin August 1, 2026, and continue for four (4) years unless extended or limited by the General Assembly. (2) The Administrative Office of the Courts shall create and maintain a SOAR Program in each selected school to: (a) Identify and address barriers to school attendance among students in grades six (6) through twelve (12); and (b) Address barriers to successful completion of status offense diversions if a referral has been made to the RISE team as provided in subsection (6)(b) or (c) of this section. (3) All students in grades six (6) through twelve (12) of a school participating in the SOAR Program who have been absent without excuse for five (5) or more days during a school term, along with a parent, guardian, or other person exercising custodial control or supervision, shall participate in the SOAR Program. (4) Each selected school shall establish a Responsive Interventions to Support and Empower team, also known as the RISE team, whose members shall include: (a) The director of pupil personnel; (b) A family resource and youth services center representative of the school; (c) The school's social worker or school counselor; (d) A school resource officer; (e) A local representative of the Department for Community Based Services; (f) One (1) or more additional members, at least one (1) of whom shall be a representative of the: 1. Community mental health center; 2. Regional interagency council specified in KRS 200.509(1)(a) to (d) and (g); 3. Corresponding local interagency council if a council exists; or 4. An additional school-based mental health services provider as defined in KRS 158.4416; and (g) The court-designated worker in the participating school district's judicial district or circuit. (5) The court-designated worker shall: (a) Convene and facilitate the RISE team for each selected school district; and (b) Provide case management support to the family of a participating student. (6) Each RISE team shall adopt a case management approach and process for reviewing: (a) Families subject to a truancy intervention precomplaint; (b) Referrals from the court-designated worker in cases in which a student has: 1. Failed to appear for a preliminary intake; 2. Declined to enter into a diversion agreement; or 3. Failed to complete the terms of a diversion agreement; and (c) Status offense cases if the court-designated worker, after review of the complaint, has determined that no further action is necessary. (7) The RISE team shall meet with the student and the student's parent, guardian, or other person exercising custodial control or supervision to develop a family-specific improvement plan to address the barriers to school attendance or, if referred pursuant to subsection (6)(b) of this section, address the barriers to successful completion of a diversion agreement. The RISE team shall also identify resources to address the identified barriers and issues and assist in connecting the families to those resources. (8) The RISE team shall be a part of Kentucky's juvenile justice system under KRS 17.125 and shall, subject to restrictions imposed by state or federal law, disclose and share with other identified agencies all information they maintain on a student in accordance with KRS 17.125. (9) Each participating school district shall provide attendance information necessary for the SOAR Program. (10) The Administrative Office of the Courts shall submit an annual report to the Legislative Research Commission for referral to the Interim Joint Committee on Judiciary and the Interim Joint Committee on Education beginning July 1, 2027, and by July 1 of each following year, that includes: (a) The number of students referred to the SOAR Program; (b) The services to which the family was referred; (c) The number of students who completed the SOAR Program; (d) The number of students who did not successfully complete the SOAR Program that resulted in a habitual truancy complaint and the reasons for the unsuccessful completion; and (e) Recommendations for improvement of the SOAR Program. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 69, sec. 1, effective July 15, 2026.

KRS 610.035 Truancy intervention -- Family needs assessment -- Duties of court- designated worker -- RISE team -- Notice to county attorney

610.035. Truancy intervention -- Family needs assessment -- Duties of court- designated worker -- RISE team -- Notice to county attorney (1) Upon receipt of a completed truancy intervention precomplaint form required under KRS 159.152(2), the court-designated worker shall: (a) Provide notice to the student and the student's parent, guardian, or other person exercising custodial control or supervision that they shall attend an initial meeting with the court-designated worker to discuss barriers to school attendance or other identified issues; (b) At the initial meeting, the court -designated worker shall: 1. Perform a family needs assessment to identify barriers to school attendance or, if referred pursuant to KRS 610.033(6)(b), to address the barriers to successful completion of a diversion agreement, and to identify services to address these barriers and any other identified issues; 2. Provide the results of the family needs assessment to the student and the student's parent, guardian, or other person ex ercising custodial control or supervision; and 3. Provide the student and the student's parent, guardian, or other person exercising custodial control or supervision with notice to attend a mandatory meeting with the RISE team, together with the date, time , and either the physical location of the meeting if conducted in person, or the meeting access information if conducted virtually; (c) Provide the RISE team with the results of the family needs assessment no later than forty -eight (48) hours following the initial meeting; (d) 1. Convene and facilitate the RISE team to review and enhance the family - specific improvement plan to address barriers to school attendance, or barriers to completion of a diversion agreement if referred pursuant to KRS 610.033(6)(b) for each identified family; and 2. Before the conclusion of the RISE team meeting, provide each identified family and each identified school with a written family -specific improvement plan; (e) If applicable, review a family -specific improvement plan or a diversion agreement to incorporate modifications to a family -specific improvement plan or diversion agreement; and (f) Provide case management services to assist the family in achieving the goals of the family-specific improvement plan. (2) (a) Upon the accrual of fifteen (15) unexcused abs ences by a student who is participating in the SOAR Program, the court -designated worker shall notify the county attorney and shall provide the county attorney with a report on the efforts and results of the SOAR Program's work with the student and the parent, guardian, or other person exercising custodial control or supervision of the student. (b) 1. The county attorney shall, upon review of the report, determine if court intervention is appropriate against the student. 2. If the county attorney determines that court intervention is appropriate against the student, he or she shall notify the director of pupil personnel to immediately file a habitual truancy complaint. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 69, sec. 2, effective July 15, 2026.

KRS 610.040 Issuance of summons and notice of petition

610.040. Issuance of summons and notice of petition (1) After a public or status offense petition has been filed and after such further investigation as the court may direct, unless the parties appear voluntarily, the court shall issue a summons briefly reciting the substance of the petition and requiring the person who has the custody or control of the child to appear personally and bring the child before the court at a time and place stated. If the person so summoned is other than a parent or guardian of the child, the parent or guardian or both shall also be notified of the pendency of the proceeding and of the time and place appointed. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. (2) The summons and notice provided for in subsection (1) of this section shall be served personally by the delivery of a copy thereof to the person summoned, unless the judge is satisfied that personal service would be impracticable, in which event the judge may order service by mail addressed to the last known address. Service by mail shall be deemed to be effected upon mailing. Notice by mail shall be presumed sufficient if mailed at least forty-eight (48) hours before the time for appearance specified in the summons or notice. (3) Unless otherwise provided, service of summons or notice may be made by any suitable person, other than an employee of the cabinet, under the direction of the court, and upon request of the court shall be made by any peace officer. (4) Any person summoned who, without reasonable cause, fails to appear, may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to appear, or in any case when it appears to the judge that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith before the court, a warrant may be issued for the parent, guardian, person having custodial control or supervision of the child, or the child. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 15, effective July 14, 2018. -- Amended 1988 Ky. Acts ch. 350, sec. 16, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 23, effective July 1, 1987.

KRS 610.050 Temporary change in custody

610.050. Temporary change in custody If it appears to the court, by affidavit or by sworn testimony, that the child is a danger to himself or the community, or is in such condition or surroundings that his welfare is being harmed or threatened with harm to such a degree that his best interest requires that his custody be immediately changed by the court from the original custodian to another, the judge may sign an order giving temporary custody of the child to a suitable custodian consenting to temporary custody. However, if this case involves allegations of dependency, neglect, or abuse, no emergency removal or temporary custody orders shall be effective unless the provisions of KRS Chapter 620 are followed; and, if the case involves allegations of mental illness, the provisions of KRS Chapter 645 shall be followed. As a part of such order, the court may direct that the child shall be taken into custody by the peace officer serving the summons or by any other peace officer and placed as directed by the court. In any event, a copy of the temporary custody order shall be served on the parent, guardian or other person exercising custodial control or supervision of the child when the summons is served. The temporary custody order shall be effective until the case is heard on its merits or until modified by the court. As a result of such order, the child shall be placed in custody and care in a home or other suitable facility. Effective: April 13, 1998 History: Amended 1998 Ky. Acts ch. 538, sec. 6, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 17, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 24, effective July 1, 1987.

KRS 610.060 Duty of court upon formal proceeding -- Right to attend proceeding -- Payment for counsel

610.060. Duty of court upon formal proceeding -- Right to attend proceeding -- Payment for counsel (1) If the Circuit or District Court determines that a formal proceeding is required in the interest of the child or to determine the truth or falsity of the allegations against the child, a petition shall be required pursuant to KRS 610.020, and the court shall, when the child is brought before the court: (a) Explain to the child and his parents, guardian, or person exercising custodial control their respective rights to counsel and, if the child and his parents, guardian, or person exercising custodial control are unable to obtain counsel, shall appoint counsel for the child, as provided in subsection (2) of this section, and, unless specified to the contrary by other provisions of KRS Chapters 600 to 645, may appoint counsel for the parents, guardian, or person exercising custodial control; (b) Explain the right against self-incrimination by saying that the child, parents, relative, guardian, or custodian may remain silent concerning the charges against the child, and that anything said may be used against the child; (c) Unless limited by statute, explain the right to confront anyone who has accused the child and to cross-examine that person on the allegations made against the child; (d) Advise the child and his parents, guardian, or person exercising custodial control of the right to appeal from a determination of the court; and (e) Advise the child that these rights belong to him and may not be waived by his parents, guardian, or person exercising custodial control. (2) (a) No court shall accept a plea or admission or conduct an adjudication hearing involving a child accused of committing any felony offense, any offense under KRS Chapter 510, or any offense, including the violation of a valid court order, for which the court intends to impose detention or commitment as a disposition unless that child is represented by counsel. (b) For a child accused of committing any other offense, before a court permits the child to proceed beyond notification of the right to counsel required by paragraph (a) of subsection (1) of this subsection without representation, the court shall: 1. Conduct a hearing about the child's waiver of counsel; and 2. Make specific findings of fact that the child knowingly, intelligently and voluntarily waived his right to counsel. (3) Unless otherwise exempted in KRS Chapters 600 to 645, a child and his parents or person exercising custodial control shall have a right to attend the hearing if such attendance will not unnecessarily delay the hearing. (4) Subject to the provisions of KRS 31.125, the court may order a parent to pay for counsel for the child if the court determines that the parent has the ability to pay for such counsel. The fact that a child is committed to a state agency shall not be cause for the court to order that agency to pay for counsel. (5) Subject to Rule 43.09 of the Rules of Civil Procedure, the court shall permit the victim, the victim's parents or legal guardian, or, if emancipated, the victim's spouse, or the legal representative of any of these, to attend all proceedings under this section. (6) An attempt shall be made to notify the persons specified in subsection (5) of this section of the time, date, and place of all proceedings under this section. Each District Court shall, by rule, establish the means of notification and the person or agency responsible for making the notifications. The failure of a victim or other person specified in subsection (5) of this section to receive notice shall not delay the proceedings in the case. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 87, sec. 4, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 203, sec. 1, effective April 5, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 14, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 20, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 18, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 25, effective July 1, 1987.

KRS 610.070 Hearings

610.070. Hearings (1) All cases involving children brought before the court whose cases are under the jurisdiction of the court shall be granted a speedy hearing and shall be dealt with by the court without a jury. (2) The hearings shall be conducted in a formal manner, unless specified to the contrary by other provisions of KRS Chapters 600 to 645. (3) The general public shall be excluded and only the immediate families or guardians of the parties before the court, witnesses necessary for the prosecution and defense of the case, the probation worker with direct interest in the case, a representative from the Department of Juvenile Justice, the victim, his or her parent or legal guardian, or if emancipated, his or her spouse, or a legal representative of either, such persons admitted as the judge shall find have a direct interest in the case or in the work of the court, and such other persons as agreed to by the child and his or her attorney may be admitted to the hearing. A parent, legal guardian, or spouse if a witness shall be admitted to the hearing only during and after his or her testimony at the hearing, and witnesses shall be admitted to the hearing only for the duration of their testimony. The court may order the exclusion of a parent, legal guardian, or spouse, if it is shown to the satisfaction of the court that the parent, legal guardian, or spouse may physically disrupt the proceedings or may do violence to any participant therein. The mere presence of a parent, legal guardian, or spouse shall not be deemed to be a disruption of the proceedings merely because their presence may make the defendant uncomfortable; the court shall find a potential for actual physical disruption of the proceedings before an exclusion may be granted for this reason. (4) The court shall order at least one (1) parent, guardian, or person exercising custodial control over the child to be present at any hearing or other proceeding involving the child. The court shall make accommodations necessary to allow the person to attend, including but not limited to allowing remote attendance or holding hearings outside the court's normal operating hours. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 3, effective July 15, 2024. -- Amended 1998 Ky. Acts ch. 443, sec. 15, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 21, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 407, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 19, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 26, effective July 1, 1987. Legislative Research Commission Note (7/15/94). In 1994 Ky. Acts ch. 407, sec. 1, the sentence beginning "A parent, legal guardian, or spouse if a witness" in subsection (3) of this statute had instead "of a witness". The drafter advises and the context clearly establishes that "if" not "of" should appear here, and this correction has been made to remedy manifest clerical or typographical error under KRS 7.136(1)(h).

KRS 610.071 Requirement for certain persons to attend hearings -- Penalty

610.071. Requirement for certain persons to attend hearings -- Penalty (1) At any hearing or other proceeding under KRS Chapters 630 to 645, at least one (1) person ordered by the court pursuant to KRS 610.070(4) to attend hearings or proceedings involving the child shall be present. The court shall make reasonable accommodations to allow the person to attend. (2) A person who has been excluded from a hearing pursuant to KRS 610.070(3) and has not subsequently been ordered by the court to be present a t future proceedings shall not be charged under this section. (3) If a violation of subsection (1) of this section occurs, any parent, guardian, or other person who was ordered pursuant to KRS 610.070(4) to attend hearings or proceedings involving the chil d shall be fined not more than five hundred dollars ($500) or ordered to participate in up to forty (40) hours of community service. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 174, sec. 4, effective July 15, 2024.

KRS 610.072 Attendance of public at hearings in courts participating in pilot project authorized by KRS 21A.190

610.072. Attendance of public at hearings in courts participating in pilot project authorized by KRS 21A.190 (1) Any statute, administrative procedure, or court rule limiting or prohibiting public attendance at court proceedings conducted under KRS Chapter 620 or 625 shall not apply in a court which is participating in a pilot project authorized by KRS 21A.190 to the extent that the Chief Justice, and the presiding judge for a case specified in KRS 21A.190, have authorized public attendance at the proceeding. (2) The provisions of this section shall not permit attendance by the public at any court handling a case under KRS Chapter 620 or 625 which is not participating in the pilot project authorized by KRS 21A.190, except as otherwise authorized by law. (3) Unless authorized by law, the provisions of this section shall not permit attendance by the public in any court participating in the pilot project authorized by KRS 21A.190 which is not authorized by the Supreme Court to admit the public for any case or class of cases. (4) The provisions of this section shall not permit attendance by the public at any case before a court participating in the pilot project authorized by KRS 21A.190 when the judge presiding over the case determines that the case shall be closed. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 76, sec. 3, effective July 15, 2016.

KRS 610.080 Bifurcated hearings in juvenile proceedings

610.080. Bifurcated hearings in juvenile proceedings Juvenile proceedings shall consist of two (2) distinct hearings, an adjudication and a disposition, which shall be held on separate days unless the child, after consultation with an attorney, waives the right to a formal predisposition investigation report and moves that the hearings be held the same day. However, if the disposition is to be commitment, the child's waiver shall not be valid without the consent of the Department of Juvenile Justice or the cabinet. (1) The adjudication shall determine the truth or falsity of the allegations in the petition and shall be made on the basis of an admission or confession of the child to the court or by the taking of evidence. (2) Unless otherwise exempted, upon motion by any child brought before the court on a petition under KRS 610.010(1), or 610.010(2)(a), (b), or (c), the Rules of Criminal Procedure shall apply. All adjudications shall be supported by evidence beyond a reasonable doubt, unless specified to the contrary by other provisions of KRS Chapters 600 to 645. For actions under KRS 610.010(2)(d) the Kentucky Rules of Civil Procedure shall apply. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 87, sec. 18, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 538, sec. 7, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 20, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 27, effective July 1, 1987.

KRS 610.090 Prohibitions on use of evidence in subsequent proceedings

610.090. Prohibitions on use of evidence in subsequent proceedings Unless the child is proceeded against as an adult in accordance with the law governing crimes as provided in KRS Chapter 635 or 640, the disposition of any child under the provisions of KRS Chapters 600 to 645, or any evidence given in the case, shall not be lawful evidence against the child for any purpose, except in subsequent cases involving the same child under KRS Chapters 600 to 645. Effective: July 15, 1997 History: Amended 1996 Ky. Acts ch. 358, sec. 22, effective July 15, 1997. -- Created 1986 Ky. Acts ch. 423, sec. 28, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 22 of that Act becomes effective July 15, 1997.

KRS 610.100 Investigation

610.100. Investigation (1) Unless there is a suitable prior disposition investigation report or unless waived by the child who is represented by counsel, before making disposition of the case of a child brought before the court under the provisions of KRS Chapters 630 or 635, whether by complaint pursuant to KRS 610.020, or by reason of having been taken into custody pursuant to KRS 610.190, the judge shall cause an investigation to be made concerning the nature of the specific act complained of and any surrounding circumstances which suggest the future care and guidance which should be given the child. The investigation shall include an inquiry into the child's age, habits, school record, general reputation, and everything that may pertain to his or her life, and character. The investigation shall also include an inquiry into the home conditions, life, and character of the person having custody of the child. The investigation shall also include an assessment of the parent or guardian's ability to pay all or part of the cost of the child's care and treatment should the child be ordered into a treatment program or placed on supervised probation. The result of the investigation, including the result of the validated risk and needs assessment, shall be reported in writing to the court and to counsel for the parties three (3) days prior to the child's dispositional hearing and shall become a part of the record of the proceedings. The child may waive the three (3) day requirement. Objections by counsel at the dispositional hearing to portions of the dispositional report shall be noted in the record. (2) The investigation shall be conducted by a suitable public or private agency. The cabinet and the Department of Juvenile Justice may furnish investigation services under agreements with the individual juvenile courts. For this purpose, any county judge/executive or chief executive officer of an urban-county government may enter into a contract on behalf of his or her county with the Department of Juvenile Justice or the cabinet for the furnishings of such services. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 37, effective July 1, 2015. -- Amended 2000 Ky. Acts ch. 193, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 443, sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 23, effective in part July 1, 1997, and in part July 15, 1997. --Amended 1988 Ky. Acts ch. 350, sec. 21, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 29, effective July 1, 1987.

KRS 610.105 Informal adjustment permissible at any time with notice to parties

610.105. Informal adjustment permissible at any time with notice to parties (1) Upon the court's motion or the motion of any party, following notice to the county attorney, an informal adjustment may be made at any time during the proceedings and with the victim and with those persons specified in KRS 610.070 having prior notification of the motion. (2) An informal adjustment does not require adjudication of the case. If an adjudication has occurred, the court shall dismiss the case following successful completion under subsection (3) of this section. (3) If the court orders an informal adjustment, the order may include any of the following: (a) Referral of the case to diversion, but, if the child does not successfully complete the terms of the diversion, the case shall not be dismissed as a result of the diversion but shall be returned to court; or (b) Placement of the child on community supervision or monitoring by the court under the informal adjustment with additional conditions as determined appropriate by the court for a period not to exceed six (6) months. Effective: July 1, 2015 History: Created 2014 Ky. Acts ch. 132, sec. 33, effective July 1, 2015.

KRS 610.110 Disposition of case

610.110. Disposition of case (1) The disposition shall determine the action to be taken by the court on behalf of, and in the best interest of, the child under the provisions of KRS Chapter 630 or 635. (2) At the disposition, all information helpful in making a proper disposition, including oral and written reports and the results of a validated risk and needs assessment, shall be received by the court in compliance with subsection (1) of this section and relied upon to the extent of their probative value, provided that the parties or their counsel shall be afforded an opportunity to examine and controvert the reports. (3) The court shall, and the Department of Juvenile Justice may upon request, notify the law enforcement agency of the child's city, county, or urban-county of residence as appropriate and the law enforcement agencies where any offense was committed of the disposition of each case and of each child committed by the court who is placed in a residential treatment facility by the Department of Juvenile Justice or the cabinet. (4) If any court commits a child to the Department of Juvenile Justice or the cabinet, a child-caring facility, or child-placing agency, the court shall cause to be transmitted to the Department of Juvenile Justice or the cabinet, facility, or agency, as appropriate, a certified copy of the commitment order, together with a summary of the court's information concerning the child. A certified copy of the court order shall be proof of the authority of the Department of Juvenile Justice or the cabinet, facility, or agency to hold the child. Such certified order shall be sufficient authority for any law enforcement officer to take into custody any person named therein and deliver him or her to such a place as shall be directed by the Department of Juvenile Justice or the cabinet, facility, or agency given custody of him or her in the order. (5) In placing a child on probation in a home or boarding home, or in committing a child to a child-caring facility or child-placing agency, the court shall as far as practicable select a home, facility, or agency operated or governed by persons of a similar religious faith as the parents of the child. (6) Upon motion of the child and agreement of the Department of Juvenile Justice or the cabinet, as appropriate, the court may authorize an extension of commitment up to age twenty-one (21) for the purpose of permitting the Department of Juvenile Justice or the cabinet, as appropriate, to assist the child in establishing independent living arrangements if a return to the child's home is not in his or her best interest. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 38, effective July 15, 2014. -- Amended 1998 Ky. Acts ch. 606, sec. 21, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 24, effective July 1, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 22, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 30, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(3), the amendment of this statute by Section 24 of that Act becomes effective July 1, 1997, in that it deals with functions of the Department of Juvenile Justice.

KRS 610.115 Repealed, 1998

610.115. Repealed, 1998 Catchline at repeal: Circumstances permitting court to order further detention of child in custody of Department of Juvenile Justice or cabinet. History: Repealed 1998 Ky. Acts ch. 606, sec. 192, effective July 15, 1998 -- Amended 1996 Ky. Acts ch. 358, sec. 25, effective July 1, 1997. -- Created 1994 Ky. Acts ch. 489, sec. 4, effective July 15, 1994.

KRS 610.120 Review or termination of disposition orders

610.120. Review or termination of disposition orders (1) Except as otherwise provided by KRS Chapters 605 and 635, an order of commitment or an order of supervision or probation made by the court in the case of a child may be terminated at any time prior to expiration on the court's own initiative or on motion by: (a) A child who is affected by an order of juvenile session of District Court; (b) The family, custodian, guardian, or legal representative of such a child; (c) The Department of Juvenile Justice or the cabinet; (d) The county attorney of the county in which the committing court presides; or (e) Any other person having an interest in the welfare of the child. (2) Grounds for such action may include but are not limited to allegations that there has been a substantial change of material circumstances, there exists new evidence affecting the disposition of the child, the child is no longer in need of commitment, probation, or placement, the child has not responded to or benefited from treatment or the child has not received adequate and proper treatment, the original proceedings were not conducted in the manner required by law or the public interest requires termination of the order. Upon review of the child's case, the Department of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for the supervision, care, or treatment of the child shall divulge and communicate such information regarding the child as the court may require. (3) Except as otherwise provided by KRS Chapter 640 relating to youthful offenders, and KRS 610.110, 620.140, 635.060, 635.090, 635.515, or 645.140, relating to extending commitment beyond the age of eighteen (18), an order of commitment, temporary custody, or an order of supervision or probation made by the court in the case of a child shall be terminated when the child attains the age of eighteen (18) unless otherwise provided in law. At least fourteen (14) days prior to the termination of an order of commitment, the Department of Juvenile Justice or the cabinet shall prepare a summary of the information concerning the child and submit it with written notification to the committing court that a child's commitment is due to expire. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 39, effective July 1, 2015. -- Amended 2002 Ky. Acts ch. 257, sec. 13, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 398, sec. 7, effective July 15, 1998; and ch. 538, sec. 8, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 23, effective April 10, 1988. --Created 1986 Ky. Acts ch. 423, sec. 31, effective July 1, 1987.

KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet

610.125. Permanency hearing after custody given to Department of Juvenile Justice or cabinet (1) If a child has been removed from the home and placed in the custody of the Department of Juvenile Justice or the cabinet, a judge of the District Court shall conduct a permanency hearing no later than twelve (12) months after the date the child is considered to have entered foster care, and every twelve (12) months thereafter if custody and out-of-home placement continues, to determine the future status of the child. For purposes of this section, a child shall be considered to have entered foster care on the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is sixty (60) days after the date on which the child is removed from the home. The court shall address the following areas: (a) If parental rights have not been terminated, whether the child should be returned to the parent; (b) Whether the child should be placed for adoption; (c) Whether the child should be placed with a permanent custodian; and (d) Whether the cabinet has documented a compelling reason that it is in the best interest of the child who is age sixteen (16) or older to be placed in another planned permanent living arrangement other than those listed in this subsection. Prior to the approval of this permanency goal, the court shall: 1. Ask the child about the desired permanency outcome; and 2. Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency goal for the child and provide compelling reasons why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative or fictive kin. (2) If the cabinet or the Department of Juvenile Justice determines that reasonable efforts to reunify the child with the child's parent will not be made, the cabinet or Department of Juvenile Justice shall file a case permanency plan as defined by KRS 620.230 or case progress report with the court that documents the reasons for not making reasonable efforts. The court shall hold a permanency hearing within thirty (30) days of the filing of the cabinet's or Department of Juvenile Justice's plan or report with the Court. (3) The Department of Juvenile Justice or the cabinet shall inform the court not less than sixty (60) days prior to the expiration of the time in which the hearing shall be held and within the time established in subsection (1) of this section, and shall further inform the court of the name and address of the child's foster parents, preadoptive parents, fictive kin, or relatives providing care to the child; court-appointed special advocate; and foster care review board member assigned to the case. For the hearing to be held pursuant to subsection (2) of this section, the names and addresses of the persons identified in this subsection shall be provided in the case permanency plan or case progress report to be filed with the court. The court shall set a time for the hearing and notify the child's parent, foster parents, preadoptive parents, fictive kin, or relatives providing care to the child and who also shall have a right to be heard; court-appointed special advocate; foster care review board member assigned to the case; attorney for the child; attorney for the parent, if any; and the Department of Juvenile Justice or the cabinet. (4) The Department of Juvenile Justice or the cabinet shall present evidence to the court concerning the care and progress of the child since the last permanency hearing, including the following: (a) The length of time the child has been committed to the Department of Juvenile Justice or the cabinet; (b) The number, location, and date for each placement during the total period of the child's commitment; (c) A description of the services and assistance provided to the parent or arranged by the Department of Juvenile Justice or the cabinet since the last case permanency plan or case progress report, and the results achieved; (d) A description of the efforts and progress of the child's parent since the last case permanency plan and case progress report, including the number and dates of parental visits and the extent, quality, and frequency of the parent's communication with the child; (e) The familial and institutional barriers to: 1. Returning the child to the home; 2. Ending the commitment of the child to the Department of Juvenile Justice or the cabinet; and 3. Delivery of appropriate services needed by the child; (f) Recommendations of services needed to make the transition from out-of-home care to independent living for children who have reached the age of fourteen (14) years; (g) An evaluation of the child's current placement and services provided to the child; (h) Recommendations for necessary services required to terminate the commitment of the child to the cabinet, to return the child home, or to facilitate another permanent placement; (i) Recommendations as to the permanency goal for the child; and (j) For a child with another planned permanency arrangement as the child's permanency goal: 1. The intensive, ongoing efforts to return the child to the home or secure a placement with a fit and willing relative, legal guardian, fictive kin, or adoptive parent, including efforts that utilize search technology to find the biological family; 2. The steps the agency is taking to ensure that the child's foster family home or licensed child-caring facility is following the reasonable and prudent parent standard in accordance with 42 U.S.C. sec. 671; and 3. The cabinet's efforts to ensure the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child in an age and developmentally appropriate manner about the opportunities of the child to participate in the activities. (5) (a) The child's parent, foster parent, preadoptive parent, fictive kin, or relative providing care to the child shall have the right to be heard; and (b) The attorney for the parent, attorney for the child, or court-appointed special advocate, if deemed appropriate by the court, may present any evidence relevant to the determination of a permanency goal for the child. (6) Upon conclusion of the hearing the court shall make a written order determining the permanency plan for the child. (7) If necessary, the case may be redocketed for further review of the progress toward the implementation of the permanency plan established at the permanency hearing. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 10, sec. 5, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 115, sec. 5, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 79, sec. 3, effective June 25, 2013. -- Amended 2000 Ky. Acts ch. 60, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 57, sec. 8, effective March 17, 1998; and ch. 398, sec. 9, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 26, effective July 1, 1997. -- Created 1994 Ky. Acts ch. 318, sec. 2, effective July 15, 1994; and ch. 489, sec. 2, effective July 15, 1994.

KRS 610.127 Parental circumstances negating requirement for reasonable efforts to reunify child with family

610.127. Parental circumstances negating requirement for reasonable efforts to reunify child with family Reasonable efforts as defined in KRS 620.020 shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction determines that the parent has: (1) Subjected the child to aggravated circumstances as defined in KRS 600.020; (2) Been convicted in a criminal proceeding of having caused or contributed to the death of another child of the parent; (3) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent; (4) Had their parental rights to another child terminated involuntarily; (5) Engaged in a pattern of conduct due to a substance use disorder as defined in KRS 222.005 for a period of not less than ninety (90) days that has rendered the parent incapable of caring for the immediate and ongoing needs of the child, and the parent has refused or failed to complete available treatment for alcohol or other drug abuse; (6) Mental illness as defined in KRS 202A.011 or is an individual with an intellectual disability as defined in KRS 202B.010 or other developmental disability as defined in KRS 387.510 that places the child at substantial risk of physical or emotional injury even if the most appropriate and available services were provided to the parent for twelve (12) months; (7) Sexually abused the child or is required to register on a sex offender registry under 42 U.S.C. sec. 16913, the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248; or (8) Other circumstances in existence that make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the best interests of the child and with the permanency plan for the child. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 29, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 79, sec. 4, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 146, sec. 138, effective July 12, 2012. -- Amended 2004 Ky. Acts ch. 116, sec. 17, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 87, sec. 3, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 60, sec. 4, effective July 14, 2000.

KRS 610.130 Appeal from disposition order

610.130. Appeal from disposition order Unless otherwise exempted, an appeal to the Circuit Court may be taken as a matter of right from the juvenile session of the District Court from dispositional orders under KRS 610.110. The appeal shall be taken in the manner provided in the Rules of Criminal Procedure, and the Circuit Court shall, in the best interest of the child, hear such cases expeditiously. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 24, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 32, effective July 1, 1987.

KRS 610.140 Repealed, 1988

610.140. Repealed, 1988 Catchline at repeal: Appeals in dependency cases. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 33, effective July 1, 1987.

KRS 610.150 Authority of Circuit Court

610.150. Authority of Circuit Court Upon the entry of a dispositional order and an appeal being filed, all issues relating to detention, custody, or participation in court-ordered programs may be reviewed by the Circuit Court upon motion being filed by the child with notice to the county and Commonwealth's attorney. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 34, effective July 1, 1987.

KRS 610.160 Court-ordered participation in child's treatment

610.160. Court-ordered participation in child's treatment Upon recommendation of the Department of Juvenile Justice or the cabinet or upon its own initiative, the court may order any parent, guardian, or person exercising similar custodial control or supervision of a child referred to the court to cooperate and actively participate in such treatment or social service programs which might reasonably be expected to meet the goal of enhancing the best interests of the child and family unity. When it appears to the court that the parents have failed to cooperate and actively participate in said programs, the court may issue a summons for the parents of the child which shall require them to attend a hearing in which they may rebut any evidence which may allege that they have violated a court order. The court may exercise its powers of contempt in addition to any other remedy provided by law to compel obedience of the parents, guardian, or person exercising custodial control or supervision of the child to the court's orders. Effective: July 15, 1997 History: Amended 1996 Ky. Acts ch. 358, sec. 27, effective July 15, 1997. -- Created 1986 Ky. Acts ch. 423, sec. 35, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 27 of that Act becomes effective July 15, 1997.

KRS 610.170 Court-ordered child support

610.170. Court-ordered child support If it appears from the investigation required in KRS 610.100 or otherwise that the parent or other person exercising custodial control or supervision of any child, or the estate of any child, who has been found to fall within the purview of KRS Chapters 600 to 645 and who has been left in his own home or in the home of a relative, placed on probation or placed in a foster home or boarding home, or in the care of a public or private facility or agency, or the Department of Juvenile Justice or the cabinet, is able to contribute to the support of the child, the court shall enter an order requiring the parent or estate to pay a reasonable sum for the support, maintenance, or education of the child. The order shall direct that the money be paid to the circuit clerk to be disbursed as ordered by the court or be paid to the person, facility, agency, or the Department of Juvenile Justice or cabinet to which the child was committed or probated. On application and on such notice as the court may direct, the court may make alterations in the requirement for contribution. The court may issue such orders necessary to compel payment of the sum due. The enforcement of a sentence imposed on a parent who fails to comply with the order of the court may be suspended at the discretion of the court, but the suspension may be revoked at the discretion of the court upon the failure of the parent to obey further orders of the court. This section shall not apply when the parent or other person exercising custodial control or supervision of the child was the victim of the child's criminal conduct under KRS Chapters 635 or 640, or filed the complaint against the child under other provisions of the Unified Juvenile Code. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 534, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 443, sec. 17, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 28, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 25, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 36, effective July 1, 1987.

KRS 610.180 Financial penalty when child found delinquent

610.180. Financial penalty when child found delinquent A parent or other person exercising custodial control or supervision of a child is charged with the control of such child and shall have the power to exercise parental control and authority over such child. In any case where a child is adjudicated a public offender and placed on probation, if the court finds at the hearing that the person having custody of such child has failed or neglected to subject him to reasonable parental control and authority, and that such failure or neglect is the proximate cause of the act or acts of the child upon which the adjudication is based, the court may require such parent to enter into a recognizance with sufficient surety, in an amount of not more than five hundred dollars ($500), conditioned upon the faithful discharge of the conditions of probation of such child. If the child thereafter commits a second act and is by reason thereof adjudicated a public offender, or violates the conditions of probation, and the court finds at the hearing that the failure or neglect of such parent to subject him to reasonable parental control and authority or to faithfully discharge the conditions of probation of such child on the part of such parent, is the proximate cause of the act of the child upon which such second finding is based, or upon which such child is found to have violated the conditions of his probation, the court may declare all or a part of the recognizance forfeited and the amount of such forfeited recognizance shall be applied in payment of any damages which may have been caused by such child, if there be such damages, otherwise, the proceeds therefrom, or part remaining after the payment of damages as aforesaid, shall be retained by the court to apply to any future damages resulting from the act or acts of said child before he reaches his eighteenth birthday, at which date the remaining proceeds shall be returned to the parent or guardian. The provisions of this section as it relates to failure or neglect of parents to subject a child to reasonable parental control and authority shall be in addition to and not in substitution for any other sections of KRS Chapters 600 to 645 relating to failure or neglect to exercise such parental control or authority. The provisions of this section shall not apply to foster parents. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 26, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 37, effective July 1, 1987.

KRS 610.190 Arrest laws applicable to child taken into custody -- Applicability of bail laws -- Protective custody by peace officer -- Custody by person other than peace officer

610.190. Arrest laws applicable to child taken into custody -- Applicability of bail laws -- Protective custody by peace officer -- Custody by person other than peace officer (1) The law relating to the persons by whom and the circumstances under which a person may be arrested for a public offense shall be applicable to children, but the taking of a child into custody under such law shall not be termed an arrest until the court has made the decision to try the child in Circuit or District Court as an adult. The law relating to bail shall not be applicable to children detained in accordance with this chapter unless the child is subject to being tried in Circuit or District Court as an adult. (2) A peace officer may take a child into protective custody if the officer suspects the child to be a runaway. A child taken into protective custody under this subsection shall not be considered to have been arrested and may be held at the locations specified in KRS 610.220(1), after which the officer shall proceed with an initial investigation as provided for in KRS 610.200. (3) When a child is taken into custody by a person other than a peace officer, such person shall as soon as possible place the child in the custody of a peace officer. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 40, effective July 1, 2015. -- Amended 1996 Ky. Acts ch. 358, sec. 29, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 27, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 38, effective July 1, 1987. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 29 of that Act becomes effective July 15, 1997.

KRS 610.200 Duties of peace officer

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. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 41, effective July 1, 2015. -- Amended 2002 Ky. Acts ch. 263, sec. 4, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 443, sec. 18, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 30, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 28, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 39, effective July 1, 1987.

KRS 610.210 Repealed, 1988

610.210. Repealed, 1988 Catchline at repeal: Peace officer may take child to court-approved custody center. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 40, effective July 1, 1987.

KRS 610.220 Permitted purposes for holding child in custody -- Time limitation -- Extension -- Separation from adult prisoners -- Prohibition against attaching child to stationary object

610.220. Permitted purposes for holding child in custody -- Time limitation -- Extension -- Separation from adult prisoners -- Prohibition against attaching child to stationary object (1) Except as otherwise provided by statute, if an officer takes or receives a child into custody on an allegation of committing a public offense or into protective custody on being a suspected runaway, the child may be held at a police station, secure juvenile detention facility, youth alternative center, a nonsecure facility, or, as necessary, in a hospital or clinic for the following purposes: (a) Identification and booking; (b) Attempting to notify the parents or person exercising custodial control or supervision of the child, a relative, guardian, other responsible person, or the cabinet; (c) Photographing; (d) Fingerprinting; (e) Physical examinations, including examinations for evidence; (f) Evidence collection, including scientific tests; (g) Records checks; (h) Determining whether the child is subject to trial as an adult; and (i) Other inquiries of a preliminary nature. (2) A child may be held in custody pursuant to this section for a period of time not to exceed two (2) hours, unless an extension of time is granted. Permission for an extension of time may be granted by the court, trial commissioner, or court- designated worker pursuant to KRS 610.200(6)(d) and the child may be retained in custody for up to an additional ten (10) hours at a facility of the type listed in subsection (1) of this section except for an intermittent holding facility for the period of retention. (3) Any child held in custody pursuant to this section shall be sight and sound separated from any adult prisoners held in secure custody at the same location, and shall not be handcuffed to or otherwise securely attached to any stationary object. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 42, effective July 1, 2015. -- Amended 2004 Ky. Acts ch. 160, sec. 2, effective April 21, 2004. -- Amended 2000 Ky. Acts ch. 193, sec. 4, effective July 14, 2000; and ch. 534, sec. 9, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 358, sec. 31, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 29, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 41, effective July 1, 1987.

KRS 610.230 Repealed, 1988

610.230. Repealed, 1988 Catchline at repeal: Detaining children in jails. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 42, effective July 1, 1987.

KRS 610.240 Repealed, 1988

610.240. Repealed, 1988 Catchline at repeal: Detention longer than specified time. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. --Created 1986 Ky. Acts ch. 423, sec. 43, effective July 1, 1987.

KRS 610.250 Repealed, 2000

610.250. Repealed, 2000 Catchline at repeal: Conditional releases. History: Repealed 2000 Ky. Acts ch. 193, sec. 19, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 358, sec. 32, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 30, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 44, effective July 1, 1987.

KRS 610.255 Peace officer may take child to court-approved center -- Release of child without formal charges filed

610.255. Peace officer may take child to court-approved center -- Release of child without formal charges filed The peace officer may divert the child from the formal court process and take the child to a court-approved center offering voluntary services to children and release the child without formal charges being filed, if: (1) The offense the child has allegedly committed under the provisions of KRS 610.010(1) is not a felony offense; (2) The peace officer has received the permission of the parent or other responsible adult; and (3) The peace officer has followed guidelines which the court has established for such release. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 87, sec. 19, effective July 15, 2008. -- Created 1988 Ky. Acts ch. 350, sec. 31, effective April 10, 1988.

KRS 610.260 Repealed, 1988

610.260. Repealed, 1988 Catchline at repeal: Court options when detention exceeds specified time limits. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 45, effective July 1, 1987.

KRS 610.265 Detention of children in specified facilities -- Time frame for holding detention hearing -- Release of child required if hearing not held as specified

610.265. Detention of children in specified facilities -- Time frame for holding detention hearing -- Release of child required if hearing not held as specified (1) (a) Any child who is alleged to be a status offender or who is accused of being i n contempt of court on an underlying finding that the child is a status offender may be detained in accordance with KRS 630.095 for a period of time not to exceed twenty -four (24) hours, exclusive of weekends and holidays, pending a detention hearing. (b) Any child who is accused of committing a public offense or of being in contempt of court on an underlying public offense may be detained in a secure juvenile detention facility or a nonsecure setting approved by the Department of Juvenile Justice for a per iod of time not to exceed forty -eight (48) hours, exclusive of weekends and holidays, pending a detention hearing. (2) Any child accused of committing a public offense that would be considered a violent felony offense as defined in KRS 532.200 shall be det ained in a secure juvenile detention facility for a period of time not to exceed forty -eight (48) hours, exclusive of weekends and holidays, pending a detention hearing, unless the detention hearing can be held within the time allotted to peace officers to retain custody of the child pursuant to KRS 610.200 or 610.220. This subsection shall not apply to any child ten (10) years of age or younger. (3) (a) Any child detained pursuant to subsection (2) of this section shall be assessed by a mental health profe ssional, whose communications with the child shall be confidential in conformity with the Kentucky Rules of Evidence, to determine if the child exhibits behavior that indicates the child could benefit from cognitive behavioral therapy, other evidence -based behavioral health programs, substance use disorder treatment, or treatment in a psychiatric facility for serious mental illness. (b) Any treatment recommended under this subsection shall be provided by the Department of Juvenile Justice and may be provide d pursuant to a contract between the Justice and Public Safety Cabinet and a behavioral health services organization. (c) If the child is released upon a detention hearing, a court may order the child to complete any recommended treatment. The Department o f Juvenile Justice shall refer the child to an existing contractor or to other resources for the treatment. (4) Any child detained pursuant to subsection (2) of this section shall be permitted visitation from individuals representing organizations includin g nonprofit organizations, faith -based organizations, or community organizations, to connect them with, expose them to, or minister to them through programs including but not limited to trades, arts, sports, mentoring, counseling, support programs, or community-based programs. These organizations may offer transition services to any child who is released from detention. (5) Within the period of detention described in subsections (1) and (2) of this section, exclusive of weekends and holidays, a detention he aring shall be held by the judge or trial commissioner of the court for the purpose of determining whether the child shall be further detained. At the hearing held pursuant to this subsection, the court shall consider the nature of the offense, the child's background and history, and other information relevant to the child's conduct or condition. (6) If the court orders a child detained further, that detention shall be served as follows: (a) If the child is charged with a capital offense, Class A felony, or Class B felony, detention shall occur in a secure juvenile detention facility pending the child's next court appearance subject to the court's review of the detention order prior to that court appearance; (b) Except as provided in KRS 630.080(2), if it is alleged that the child is a status offender, the child may be detained in accordance with KRS 630.095 pending the child's next court appearance subject to the court's review of the detention order prior to the next court appearance; (c) If a status offender or a child alleged to be a status offender is charged with violating a valid court order, the child may be detained in accordance with KRS 630.095 for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending the child's next court appearance; (d) Prior to ordering a status offender or alleged status offender who is subject to a valid court order detained in accordance with KRS 630.095 because the child violated the valid court order, the court shall: 1. Affirm that the requirements for a valid court order were met at the time the original order was issued; 2. Make a determination during the adjudicatory hearing that the child violated the valid court order; and 3. Within forty-eight (48) hours after the adjudicatory hearing on the violation of a valid court order by the child, exclusive of weekends and holidays, receive and review a written report prepared by an appropriate public agency that reviews the behavior of the child and the circumstances under which the child was brought before the court, determines the reasons for the child's behavior, and determines whether all dispositions other than detention have been exhausted or are inappropriate. If a prior written report is included in the child's file, that report shall not be used to satisfy this requirement. The child may be detained in accordance with KRS 630.095 for a period not to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending receipt and review of the report by the court. The hearing shall be conducted in accordance with KRS 610.060. The findings required by this subsection shall be included in any order issued by the court which results in the secure or nonsecure detention of a status offender; and (e) If the child is charged with a public offense or contempt on a public offense, and the county in which the case is before the court is served by a state- operated secure detention facility under the statewide detention plan, the child shall be referred to the Department of Juvenile Justice for a security assessment and placement in an approved detention facility or program pending the child's next court appearance. (7) If, at the hearing conducted under subsection (5) of this section, the court conducts an adjudicatory hearing on the merits of a violation of a valid court order, that hearing shall conform to the requirements of KRS 630.080. (8) If the detention hearing is not held as provided in subsection (1) of this section, the child shall be released as provided in KRS 610.290. (9) If the child is not released, the court-designated worker shall notify the parent, person exercising custodial control or supervision, a relative, guardian, or other responsible adult, and the Department of Juvenile Justice or the cabinet, as appropriate. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 15, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 105, sec. 4, effective June 29, 2023. -- Amended 2014 Ky. Acts ch. 132, sec. 43, effective July 1, 2015. -- Amended 2008 Ky. Acts ch. 87, sec. 5, effective July 15, 2008. -- Amended 2004 Ky. Acts ch. 160, sec. 3, effective April 21, 2004. -- Amended 2000 Ky. Acts ch. 193, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 4, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 350, sec. 32, effective April 10, 1988. Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 87, sec. 5 amended KRS 610.265. This amendment inserted the following phrase at the beginning of subsection (4) of this section: "If, at the hearing conducted under subsection (3) paragraph (c) of this section, ...". It appears that this reference is not correct. Subsection (3)(c) of this section does not mention hearings. It appears that the reference should have been to subsection (2) of KRS 610.265, which does deal with hearings. The Reviser of Statutes has made this change under the authority of KRS 7.136(1)(e).

KRS 610.266 Restriction on placement of nonoffender or curfew violator

610.266. Restriction on placement of nonoffender or curfew violator The following persons shall not be detained in a secure juvenile detention facility: (1) A nonoffender; or (2) Any child charged with a violation of a statute or local ordinance pertaining to curfew. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 44, effective July 1, 2015. -- Created 2008 Ky. Acts ch. 87, sec. 2, effective July 15, 2008.

KRS 610.267 Repealed, 2000

610.267. Repealed, 2000 Catchline at repeal: Youth alternative centers. History: Repealed 2000 Ky. Acts ch. 534, sec. 20, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 443, sec. 19, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 368, sec. 1, effective July 15, 1994.

KRS 610.270 Repealed, 1988

610.270. Repealed, 1988 Catchline at repeal: Failure to release to parent or other adult. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 46, effective July 1, 1987.

KRS 610.280 Considerations for and findings from detention hearing

610.280. Considerations for and findings from detention hearing (1) At the detention hearing held pursuant to KRS 610.265, the court shall make separate findings as follows: (a) If there is probable cause to believe that an offense has been committed and that the accused child committed that offense. Probable cause may be established in the same manner as in a preliminary hearing in cases involving adults accused of felonies. The child shall be afforded the right to confront and cross-examine witnesses. The Commonwealth shall bear the burden of proof, and if it should fail to establish probable cause, the child shall be released and the complaint or petition dismissed unless the court determines further detention is necessary to assure the appearance of the child in court on another pending case; (b) In determining whether a child should be further detained, the court shall consider the seriousness of the alleged offense, the possibility that the child would commit an offense dangerous to himself or the community pending disposition of the alleged offense, the child's prior record, if any, and whether there are other charges pending against the child. (2) If, after completion of the detention hearing, the court is of the opinion that detention is necessary, the order shall state on the record the specific reasons for detention. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 257, sec. 14, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 193, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 5, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 489, sec. 5, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 33, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 47, effective July 1, 1987.

KRS 610.290 Rights of juvenile

610.290. Rights of juvenile (1) Unless a hearing is held within the time frame established by KRS 610.265, and the necessity for detention properly established, the child shall be released to the custody of his parents, person exercising custodial control or supervision or other responsible adult pending further disposition of the case. (2) The child shall have a right to counsel at his detention hearing determining his right to freedom pending the disposition of his case, and his parents, person exercising custodial control or supervision or other responsible adult shall have a right to attend the hearing if such attendance will not unnecessarily delay the hearing. Any person aggrieved by a proceeding under this subsection may proceed by habeas corpus to the Circuit Court. (3) Whether the child is released before or after a hearing, or is detained as a result of such hearing, the child and his parents, person exercising custodial control or supervision or other responsible adult shall be given written notice of the time and place of the adjudicatory hearing concerning the child and an account of the specific charges against the child, including the specific statute alleged to have been violated. Such notice shall be given at least seventy-two (72) hours prior to the initial hearing on the case. Effective: April 21, 2004 History: Amended 2004 Ky. Acts ch. 160, sec. 4, effective April 21, 2004. -- Amended 2000 Ky. Acts ch. 193, sec. 7, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 34, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 48, effective July 1, 1987.

KRS 610.295 Detention costs -- Assessment against parent after hearing -- Payments when adjudication based on status offense or public offense -- Payment schedule and discharge

610.295. Detention costs -- Assessment against parent after hearing -- Payments when adjudication based on status offense or public offense -- Payment schedule and discharge (1) Any statute to the contrary notwithstanding, detention costs shall not be assessed by a court against a parent unless the court has conducted a hearing and has determined: (a) That the child has previously been adjudicated as a habitual truant under KRS Chapter 630, a public offender under KRS Chapter 635, or a youthful offender under KRS Chapter 640, and now stands adjudicated guilty of a subsequent habitual truancy or public offense, or is now being considered for transfer to the Circuit Court for trial as a youthful offender; and (b) That the failure or neglect of the parent to properly supervise or control the child is a substantial contributing factor of the act or acts of the child upon which the proceeding is based; and (c) That the parent has the financial ability to pay any fees ordered. (2) Any orders for payment shall direct that payments be made to the fiscal court or legislative body of a consolidated local government, urban-county government, or charter government if detention is based upon adjudication related to a status offense and to the Department of Juvenile Justice if the adjudication is based upon a public offense or transfer as a youthful offender. (3) The fiscal court or legislative body of a consolidated local government, urban- county government, or charter government or the Department of Juvenile Justice, as appropriate, shall establish a payment schedule for parents against whom detention costs have been assessed, and may discharge any remaining portion of the debt upon proof of substantial change in circumstances of the parent. (4) The authority granted under subsection (3) of this section may be applied to all pre- existing court orders assessing detention costs in effect on July 15, 2002. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 263, sec. 5, effective July 15, 2002.

KRS 610.300 Evidence in public offense investigations

610.300. Evidence in public offense investigations (1) Physical evidence shall be obtained and utilized in the investigation of public offenses involving children in the same manner as it is obtained and utilized in the investigation of public offenses involving adults. (2) Except for fingerprint records, all records and physical evidence so obtained shall be surrendered to the court upon motion for good cause shown. All records, including fingerprint records, shall be subject to expungement in the manner provided in KRS 431.076 for circumstances specified therein. (3) The court shall, upon receipt of physical evidence, return any evidence which is not contraband and is not needed for further prosecution, to its lawful owner. The fingerprint cards created pursuant to KRS Chapters 600 to 645 shall be transferred pursuant to KRS 17.110. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 31, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 35, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 49, effective July 1, 1987.

KRS 610.310 Medical treatment for child

610.310. Medical treatment for child (1) When the mental or physical health of any child before the juvenile court requires it, the court may order the child to be placed in a public or private hospital or institution for examination, evaluation, treatment, or care by a health officer, comprehensive care center, children's clinic, or any reputable physician or psychologist who will conduct the examination. The cabinet and the Department of Juvenile Justice may furnish services under agreements with the individual juvenile courts. For this purpose, any county judge/executive or chief executive officer of an urban-county or charter county government may enter into a contract on behalf of his or her county with the cabinet or the Department of Juvenile Justice for the furnishings of these services. (2) The court may order or consent to necessary medical treatment, including surgical procedures, except for the purpose of abortion, electroshock therapy or psychosurgery as provided in KRS Chapter 645, or sterilization, after a hearing conducted to determine the necessity of such treatment or procedure. In making the order, the court may take into consideration the religious beliefs and practices of the child and his parents or guardian. Reasonable notice, taking into account any emergency circumstances, shall be provided to the parents, guardian or person exercising custodial control or supervision of the child to enable them to attend the hearing. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 534, sec. 10, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 36, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 50, effective July 1, 1987.

KRS 610.320 Juvenile record and juvenile docket -- Disclosure of information in court and police records concerning juvenile prohibited -- Exceptions -- Use of juvenile records in court

610.320. Juvenile record and juvenile docket -- Disclosure of information in court and police records concerning juvenile prohibited -- Exceptions -- Use of juvenile records in court (1) A special record book shall be kept by the court for all cases, to be known as the "juvenile record," and the docket or calendar of such cases shall be called the "juvenile docket." (2) No probation officer, nor employee of a probation officer, shall, without the consent of the District Judge sitting in juvenile session, divulge or communicate to any persons other than the court, law enforcement, the Department of Juvenile Justice, an officer of the court interested in the case, a member of the advisory board of the court, or a representative of the cabinet, any information obtained pursuant to the discharge of his duties, nor shall any record of the action of the probation officer be made public except by leave of the District Judge; provided, that nothing in this subsection shall prohibit the probation officer from divulging or communicating such information to the court, to his colleagues or superiors in his own department, or to another probation officer having a direct interest in the record or social history of the child. (3) All law enforcement and court records regarding children who have not reached their eighteenth birthday shall not be opened to scrutiny by the public, except that a separate public record shall be kept by the clerk of the court which shall be accessible to the public for court records, limited to the petition, order of the adjudication, and disposition in juvenile delinquency proceedings concerning a child who is fourteen (14) years of age or older at the time of the commission of the offense, and who is adjudicated a juvenile delinquent for the commission of an offense that would constitute a capital offense or a Class A, B, or C felony if the juvenile were an adult, or any offense involving a deadly weapon, or an offense wherein a deadly weapon is used or displayed. (4) Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV-B of the Federal Social Security Act is also prohibited. Otherwise, the law enforcement records shall be made available to the child, family, guardian, or legal representative of the child involved. The records shall also be made available to the court, probation officers, prosecutors, the Department of Juvenile Justice, and law enforcement agencies or representatives of the cabinet. Records, limited to the child's adjudication of delinquency, and disposition of a criminal activity covered by KRS 610.345, shall also be made available to public or private elementary and secondary school administrative, transportation, and counseling personnel, and to any teacher to whose class the student has been assigned for instruction, subject to the provisions of KRS 610.340 and 610.345. (5) Subject to the Kentucky Rules of Evidence, juvenile court records of adjudications of guilt of a child for an offense which would be a felony if committed by an adult shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial, and may be used during the sentencing phase of a criminal trial. However, the fact that a juvenile has been adjudicated delinquent of an offense which would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. (6) This section shall not relieve the probation officer or peace officer from divulging such facts as a witness in a trial or hearing involving any cases falling under KRS Chapters 600 to 645 or the production of juvenile records for use in the trial or proceedings. (7) This section shall not prohibit release of information regarding juvenile proceedings in the District Court which do not reveal the identity of the child or its parents or guardians, or which relate to the child's eligibility for services under Title IV-E or IV-B of the Federal Social Security Act. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 182, sec. 68, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 493, sec. 15, effective April 10, 1998; and ch. 606, sec. 22, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 36, effective July 1, 1996 and July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 37, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 51, effective July 1, 1987.

KRS 610.330 Expungement of offenses and proceedings from juvenile court records

610.330. Expungement of offenses and proceedings from juvenile court records (1) (a) Any child who has been adjudicated as coming within the purview of KRS Chapter 630, 635, or 645, but not KRS Chapter 620 or 640, may petition the court for the expungement of offenses from his or her juvenile court record. He or she shall be informed of such right at the time of adjudication. (b) The court on its own motion, or on the motion of a probation officer of the court, a representative of the Department of Juvenile Justice or the cabinet, or any other interested person, may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the court. (c) Expungement shall not be granted if: 1. There are any proceedings pending or being instituted against the child; 2. The offense is a sex crime, as defined in KRS 17.500; or 3. The offense would classify a person as a violent offender under KRS 439.3401. (2) A petition may seek the expungement from the juvenile court record of any status offenses, or any public offenses which would be felonies, misdemeanors, or violations if committed by an adult. (3) The petition shall be filed or the court order entered no sooner than two (2) years after the date of termination of the court's jurisdiction over the person, or two (2) years after his or her unconditional release from commitment to the Department of Juvenile Justice or the Cabinet for Health and Family Services or a public or private agency, except that the two (2) year period may be waived if the court finds that such extraordinary circumstances exist with regard to the petitioner as to make the waiver advisable. (4) Upon the filing of a petition or entering of a court order, the court shall set a date for a hearing and shall notify the county attorney and anyone else whom the court or the child, his or her parents, relatives, guardian, or custodian has reason to believe may have relevant information related to the expungement of the record. (5) The court may order the adjudication vacated and all records expunged in the petitioner's case in the custody of the court and any of these records in the custody of any other agency or official, including law enforcement and public or private elementary and secondary school records, unless at the hearing the county attorney establishes that the child or offense is ineligible for expungement under subsections (1) to (4) of this section. (6) Upon the entry of an order to expunge the records, the proceedings in the case shall be deemed never to have occurred and all index references shall be deleted and the person and court may properly reply that no record exists with respect to such person upon any inquiry in the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. (7) If a court dismisses a petition against a child or finds a child not delinquent in a juvenile proceeding, the court shall concurrently order the record of the proceeding expunged. The order expunging the proceedings shall not require any action by the child. (8) Copies of the order shall be sent to each agency or official named therein. (9) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of such records, and only to those persons named in such petition. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 87, sec. 2, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 112, sec. 1, effective June 29, 2017. -- Amended 2008 Ky. Acts ch. 87, sec. 20, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 663, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 615, effective July 15, 1998; and ch. 443, sec. 20, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 37, effective July 15, 1997. -- Amended 1988 Ky. Acts ch. 350, sec. 38, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 52, effective July 1, 1987.

KRS 610.340 Confidentiality of juvenile court records

610.340. Confidentiality of juvenile court records (1) (a) Unless a specific provision of KRS Chapters 600 to 645 specifies otherwise, all juvenile court records of any nature generated pursuant to KRS Chapters 600 to 645 by any agency or instrumentality, public or private, shall be deemed to be confidential and shall not be disclosed except to the child, parent, victims, or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070 unless ordered by the court for good cause. (b) Juvenile court records which contain information pertaining to arrests, petitions, adjudications, and dispositions of a child may be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070. (c) Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Any records resulting from the child's prior abuse and neglect under Title IV-E or Title IV- B of the Federal Social Security Act shall not be disclosed to victims or other persons authorized to attend a juvenile court hearing pursuant to KRS 610.070. (d) Victim access under this subsection to juvenile court records shall include access to records of adjudications that occurred prior to July 15, 1998. (2) The provisions of this section shall not apply to public officers or employees engaged in the investigation of and in the prosecution of cases under KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained pursuant to this subsection shall be used for official use only, shall not be disclosed publicly, and shall be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884. (3) The provisions of this section shall not apply to any peace officer, as defined in KRS 446.010, who is engaged in the investigation or prosecution of cases under KRS Chapters 600 to 645 or other portions of the Kentucky Revised Statutes. Any record obtained pursuant to this subsection shall be used for official use only, shall not be disclosed publicly, and shall be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884. (4) The provisions of this section shall not apply to employees of the Department of Juvenile Justice or cabinet or its designees responsible for any services under KRS Chapters 600 to 645 or to attorneys for parties involved in actions relating to KRS Chapters 600 to 645 or other prosecutions authorized by the Kentucky Revised Statutes. (5) The provisions of this section shall not apply to records disclosed pursuant to KRS 610.320 or to public or private elementary and secondary school administrative, transportation, and counseling personnel, to any teacher or school employee with whom the student may come in contact, or to persons entitled to have juvenile records under KRS 610.345, if the possession and use of the records is in compliance with the provisions of KRS 610.345 and this section. (6) The provisions of this section shall not apply to employees of local law enforcement agencies, the Department of Kentucky State Police, or the Federal Bureau of Investigation engaged in conducting background checks for the sole purpose of identifying and providing potentially disqualifying juvenile public offense records to the National Instant Criminal Background Check System pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities Act, Pub. L. No. 117-159. Notwithstanding KRS 635.040, an adjudication for a public offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), (3), or (9). Any public offense record obtained pursuant to this subsection shall be used for official use only, not be disclosed publicly, and be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884. (7) The provisions of this section shall not apply to criminal justice agencies conducting a basic suitability or fitness assessment for federal or contractor employees under 5 U.S.C. sec. 9101 in accordance with KRS 17.162. (8) (a) The provisions of this section shall not apply to records or proceedings in any case in which a child has made an admission to or been adjudicated for a violent felony offense as defined in KRS 532.200 until the expiration of a three (3) year period from the date of admission or adjudication. (b) If the child has not received any additional public offense convictions during the three (3) year period from the date of admission or adjudication, all records in the case shall be automatically sealed and shall not be disclosed consistent with the provisions of this section. (c) As used in this subsection, "admission" means a formal admission in a case, on the record, upon the waiving of an adjudication hearing. (9) A person, including school personnel, shall not disclose any confidential record or any information contained therein except as permitted by this section or other specific section of KRS Chapters 600 to 645, or except as permitted by specific order of the court. (10) A person, including school personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645 shall not obtain or attempt to obtain confidential records to which he or she is not entitled or for purposes for which he or she is not pe rmitted to obtain them pursuant to KRS Chapters 600 to 645. (11) A person, including school personnel, not authorized to obtain records pursuant to KRS Chapters 600 to 645 shall not obtain or attempt to obtain records which are made confidential pursuant to KRS Chapters 600 to 645 except upon proper motion to a court of competent jurisdiction. (12) A person shall not destroy or attempt to destroy any record required to be kept pursuant to KRS Chapters 600 to 645 unless the destruction is permitted pursuant to KRS Chapters 600 to 645 and is authorized by the court upon proper motion and good cause for the destruction being shown. (13) As used in this section the term "KRS Chapters 600 to 645" includes any administrative regulations which are lawfully promulga ted pursuant to KRS Chapters 600 to 645. (14) Nothing in this section shall be construed to prohibit a crime victim from speaking publicly after the adjudication about his or her case on matters within his or her knowledge or on matters disclosed to the vi ctim during any aspect of a juvenile court proceeding. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 42, sec. 2, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 105, sec. 6, effective June 29, 2023; and ch. 106, sec. 5, effective March 27, 2023. -- Amended 2013 Ky. Acts ch. 124, sec. 6, effective June 25, 2013. -- Amended 2011 Ky. Acts ch. 2, sec. 105, effective June 8, 2011. -- Amended 2006 Ky. Acts ch. 182, sec. 69, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 493, sec. 16, effective April 10, 1998; and ch. 606, sec. 23, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 38, effective July 1, 1996 and July 15, 1997. -- Created 1986 Ky. Acts ch. 423, sec. 53, effective July 1, 1987. Legislative Research Commission Note (7/12/2006). This statute, as amended by 2006 Ky. Acts ch. 182, sec. 69, contained an internal reference in subsection (3) to "KRS 446.010(24)." Under KRS 7.136(1)(e), this reference has been changed in codification to "KRS 446.010(25)" by the Reviser of Statutes to reflect the insertion of a new subsection (24) in KRS 446.010 and the resulting renumbering of succeeding subsections in 2006 Ky. Acts ch. 149, sec. 237.

KRS 610.342 Full access to all records relating to a child for that child's attorney -- Enforcement by court order

610.342. Full access to all records relating to a child for that child's attorney -- Enforcement by court order (1) Any statute to the contrary notwithstanding, an attorney representing a child in any proceeding under KRS Chapters 600 to 645 or in any adult criminal proceeding shall have full access to all records, including juvenile records, held by law enforcement, courts, social work agencies, or any other record, public or private, relating to that child which the attorney believes is necessary to the representation of that child. (2) All courts shall enforce the provisions of subsection (1) of this section through appropriate orders, upon request of an attorney representing a child in any proceeding specified in subsection (1) of this section. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 182, sec. 1, effective July 15, 1996.

KRS 610.345 School officials to be notified when child adjudicated guilty, is respondent or petitioner in certain cases, or when county attorney makes probable cause determination -- Disclosure of records -- Provision of offense history to school officials

610.345. School officials to be notified when child adjudicated guilty, is respondent or petitioner in certain cases, or when county attorney makes probable cause determination -- Disclosure of records -- Provision of offense history to school officials (1) When a child is adjudicated guilty of an offense which classifies him or her as a youthful offender, the judge in the court in which the matter was tried shall direct the clerk to notify the superintendent and the director of pupil personnel of the public school district in which the child is enrolled, or the principal of any private elementary or secondary school which the child attends of the adjudication and the petition and disposition of the case. (2) When a child is adjudicated guilty of an offense which would classify him or her as a violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A, 508, 510, or 527 if committed by an adult, but which would not classify him or her as a youthful offender, the judge in the court in which the matter was tried shall direct the clerk to notify the superintendent and the director of pupil personnel of the public school district in which the child is enrolled, or the principal of any private elementary or secondary school which the child attends of the charge, the adjudication, and the disposition of the case. (3) When a child is the respondent or petitioner for a domestic violence order issued under KRS 403.740 or an interpersonal protective order issued under KRS 456.060, the judge in the court in which the matter was tried shall direct the clerk to notify: (a) The superintendent and director of pupil personnel of the public school district in which the child is enrolled, or the principal of any private elementary or secondary school that the child attends; and (b) The school resource officer or any other contract employee hired to provide security services for the school. (4) When a court-designated worker receives notice that a county attorney has made a determination pursuant to KRS 635 .010(1) that probable cause exists to file a public offense petition alleging that the child committed an offense that, if committed by an adult, would be a: (a) Felony; or (b) Misdemeanor involving: 1. A controlled substance; 2. The possession, carrying, or use of a deadly weapon; 3. Physical injury to another person; 4. Sexual contact; 5. Sexual intercourse; or 6. Deviate sexual intercourse; the court-designated worker shall notify the superintendent and the director of pupil personnel of the public school district in which the child is enrolled, or the principal of any private elementary or secondary school that the child attends of the charge. If the complaint is successfully diverted, the court -designated worker shall notify the superintendent and the director of pupil personnel or the principal of the successful diversion, and all records of the incident or notification created in the school district or the school under this subsection shall be destroyed and shall not be included in the child's school records. (5) When a child is adjudicated guilty of an offense that meets the criteria set forth in subsection (4)(a) or (b) of this section, the judge in the court in which the matter is considered shall direct the clerk to notify the superintendent and the director of pupil personnel of the public school district in which the child is enrolled, or the principal of any private elementary or secondary school that the child attends of the charge, the adjudication, and the disposition of the case. If the petition is dismissed or informally adjusted, the clerk shall notify the superintendent and the director of pupil personnel or the principal of the disposition, and all records of the incident or notification created in the school district or the school under this subsection shall be destroyed and shall not be included in the child's school records. (6) The notifications required in subsections (1) to (5) of this section shall be made within twenty-four (24) hours of the county attorney's determination pursuant to KRS 635.010(1), successful completion of diversion, or entry of the court order. The name of the complainant shall be deleted. The county attorney may, upon request by the school district or the school, provide a statement of the facts in the case, not to include the complainant's name. (7) Notice to a district superintendent referenced in subsections (1) to (5) of this section shall be released by the superintendent to the principal of the school in which the child is enrolled. A principal of a public or private school receiving notice shall release the information to any school resource officer or employees of the school having responsibility for classroom instruction or counseling of the child, and may release it to other school personnel as described in subsection (8) of this section, but the information shall otherwise be confidential and shall not be shared by school personnel with any other person or agency except as may otherwise be required by law. (8) Records or information disclosed pursuant to this section shall be limited to records of that student's criminal petition and the disposition thereof covered by this section, shall be subject to the provisions of KRS 610.320 and 610.340, and shall not be disclosed to any other person, including school personnel, except to a district superintendent, director of pupil personnel, public or private elementary and secondary school administrative, transportation, and counseling personnel, and to any school resource officer, teacher, or school employee with whom the student may come in contact. This section shall not authorize the disclosure of any other juvenile record or information relating to the child. (9) The Department of Juvenile Justice shall provide a child's offense history information pursuant to this section to the superintendent and the director of pupil personnel of the local school district in which the child, who is committed to the department, is placed. (10) Records or information received by the school pursuant to this section shall: (a) Be kept in a locked file, when not in use, to be opened only on permission of the administrator or any school resource officer; and (b) For the purposes of destruction required in this section, not include education records, as defined in KRS 160.700, created by the school. (11) A superintendent of a public school district may designate an employee of the school district to receive notices and carry out the superintendent's responsibilities under this section. The superintendent shall provide the clerk and the court- designated worker with notice of any designation and the name and contact information for the superintendent's designee. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 5, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 51, sec. 1, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 182, sec. 70, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 185, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 257, sec. 19, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 493, sec. 17, effective July 15, 1998; and ch. 606, sec. 182, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 34, effective July 15, 1996.

KRS 610.350 Fees

610.350. Fees (1) In proceedings in the juvenile session of the District Court, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition. No public officer shall be entitled to receive any fee from the service of process or for attendance in court in any such proceedings. All other persons acting under orders of the court may be paid for service of process and attendance as witnesses. The payments for fees provided by law for like services in civil cases in the Circuit Court are to be made out of the county treasury. The county or state may compensate any officer or person in the amount prescribed by law for the transportation of a child to a place where he will be detained or placed or the return of any child to the jurisdiction of the court, and funds for this purpose may be appropriated and paid by the fiscal court. (2) For the purpose of paying salaries and expenses necessary to carry out the purposes of KRS Chapters 600 to 645, the fiscal court of any county, or urban-county council of an urban-county government, may levy taxes and make appropriations within constitutional limitations. The legislative body of any city also is authorized to appropriate funds to assist the county in carrying out the purposes of KRS Chapters 600 to 645, including providing facilities for custody and care of children coming within the purview of KRS Chapters 600 to 645. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 39, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 54, effective July 1, 1987.

KRS 610.360 Court costs

610.360. Court costs (1) Court costs commensurate with those in District or Circuit Court, as appropriate, shall be charged by the juvenile session of District Court against juveniles who are informally adjusted or found delinquent because of status offenses or public offenses and by the Circuit Court against juveniles who are found to be youthful offenders. (2) Where possible, court costs shall be assessed against the child, but they may be assessed against the child's parent or legal guardian. (3) Court costs shall not be assessed against a parent or guardian who is the complainant against the child or who has been the victim of the child's acts. (4) In the case of children who have been committed, court costs shall not be assessed against the Department of Juvenile Justice or the cabinet. (5) The court may require juveniles to pay court costs on the installment plan or in any other manner provided for fines by KRS Chapter 534 or to engage in community labor at state minimum wage rates to pay off their court costs. Labor to pay court costs shall be in addition to community labor ordered for other purposes. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 443, sec. 21, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 35, effective July 15, 1997.

KRS 610.990 Penalty

610.990. Penalty Any person who intentionally violates any of the provisions of this chapter shall be guilty of a Class B misdemeanor. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 16, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 105, sec. 3, effective June 29, 2023. -- Amended 1988 Ky. Acts ch. 350, sec. 40, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 55, effective July 1, 1987.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39413Fetched: 10/20/2026

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