JEFFERSON COUNTY CHILDREN'S HOME

KRS tit. XVII, ch. 201

in effect

KRS 201.010 Definitions

201.010. Definitions As used in this chapter unless the context otherwise requires: (1) "Home" means the institution to be established and maintained in any county having a city of the first class, in conformity with the provisions of this chapter. (2) "Board" means the body created by KRS 201.020. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 1, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b- 18.

KRS 201.020 Board for home -- Members -- Appointment -- Terms -- Vacancies

201.020. Board for home -- Members -- Appointment -- Terms -- Vacancies (1) In each county containing a city of the first class there shall be a bipartisan board known as the "Board for (name of city) and (....) County Children's Home." (2) The board shall be composed of fourteen (14) members, at least two (2) of whom shall be women, appointed jointly by the mayor of the city and the county judge/executive of the county. Each member shall be at least twenty-five (25) years of age and a bona fide resident of the county. The members shall be appointed in equal proportion from the two (2) political parties casting the highest and next highest number of votes at the last preceding general election in the county. (3) The members of the board shall be divided into four (4) groups, of which two (2) groups shall consist of three (3) members each and two (2) groups shall consist of four (4) members each. Members shall serve for four (4) years each, and the terms of the members of any one (1) group shall expire at the end of a year which is different from the year in which the terms of the members of any other group expire. Members originally appointed during the year following the effective date hereof may be appointed for such terms as may be necessary to effectuate the rotation provided for in the preceding sentence. (4) Vacancies in the board, whether occurring during the term or at the close of the term of a member, shall be filled in the manner provided in subsection (2) of this section, within thirty (30) days after the vacancy occurs, and if the mayor and the county judge/executive fail to make the appointment within thirty (30) days, the members of the board may make the appointment. Whenever any vacancy occurs, the board shall immediately certify the fact of the vacancy and the reason therefor to the county judge/executive and the mayor. All members shall serve without compensation. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 2, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b- 18.

KRS 201.030 Organization of board -- Officers and employees

201.030. Organization of board -- Officers and employees (1) Upon appointment of the members, the board shall organize and elect officers. At the time of organization and annually thereafter, the board shall elect a chairman from its members. (2) The board may select a superintendent for the home, and may fix his compensation in cash, or in cash and maintenance for himself and his immediate family. The superintendent shall serve at the pleasure of the board. (3) The board may authorize the employment of other officers and employees necessary to carry on the work of the board and the home, and shall fix their compensation at sums not exceeding the salary of the superintendent. The superintendent may employ and discharge the officers and employees of the institution, except parole officers. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 3, effective June 18, 1964. -- Amended 1944 Ky. Acts ch. 90, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-2.

KRS 201.040 Powers and duties of board

201.040. Powers and duties of board (1) The board shall be a corporation with the usual corporate powers, and may do all things reasonable or necessary to effectively carry out the work and perform the duties contemplated in this chapter. (2) The board may make all rules and regulations, not inconsistent with the law, necessary or proper for the effective management of the home, and of the property owned, held, or controlled by the board, and for the care, maintenance, training and education, grouping, discipline, discharge, release, and parole of the children received into the home's care, and for their placement and supervision in foster family or group homes, in adoptive homes, in homes of parents, relatives or friends, or in shelter, detention or day care; and all the children received into the home's care shall be subject to such rules. (3) The board may delegate to the superintendent, and to such other officers or employees of the home as may be designated by the board, the authority to carry out such functions of the board as described in subsection (2) of this section, KRS 201.080, 201.090, 201.100, 201.110 and 201.120 as may be determined to be in the interest of the home and the children under the home's care. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 4, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 938b-1, 938b-11.

KRS 201.050 Board to acquire property

201.050. Board to acquire property (1) The board may acquire by lease, purchase, gift or condemnation, all property necessary or suitable for establishing the home, and may erect, equip, operate, and maintain such suitable buildings as may be necessary for the care, custody, maintenance, education, and training of the children committed to it. The board shall provide such buildings, grounds, equipment and units, in the county in which the board is created. (2) When the property of any other board or institution within the county is conveyed to the board, and such property is owned, maintained or controlled in whole or in part by any city or division or district in the city, the conveyance shall first be authorized by the legislative body or other city board of such city or division or district; and when the property is owned, maintained or controlled in whole or in part by the county, the conveyance shall first be authorized by the fiscal court of the county. In either case, the governing body of the institution must also authorize and direct the conveyance to be made. Where any such conveyance is made to the board, the board shall receive and maintain in the home, all children who, at the time of the conveyance, are in the care and custody of the institution whose property is so conveyed. (3) The board shall not be compelled to accept any conveyance which the board finds unsuited for the purposes of this chapter, or the improvement of which would entail an injudicious expenditure. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 938b-3, 938b-12, 938b-13.

KRS 201.060 Title to property

201.060. Title to property The title to all property acquired for the purposes of this chapter, shall be in the name of the board, and the board may exchange or sell for the benefit and use of the home, any of the property conveyed to, or owned or held by the board. All such sales or exchanges of real estate must be authorized or approved by the county judge/executive and by the mayor of the city of the first class. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-14.

KRS 201.070 Condemnation of property

201.070. Condemnation of property Whenever the board finds that property anywhere within the county is needed for any of the purposes contemplated in this chapter, the board may, by resolution reciting such need, order the condemnation of such property. Proceedings for condemnation shall be in the Circuit Court of the county, and shall be conducted in the name of the board by the city attorney of the city of the first class, who shall be the legal representative of the board, and the procedure shall be that set out in the Eminent Domain Act of Kentucky. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 89, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-15.

KRS 201.080 Children who may be received into the home

201.080. Children who may be received into the home The board may receive into and maintain in the home's care, children under eighteen (18) years of age who are residents of the county and who are: (1) Duly committed to the home's care; and (2) Such other children of the county as the board, or the superintendent or such other officers or employees as may be designated by the superintendent, with the approval of the board, may, in the absence of any judicial or official commitment, find for the best interest of such children, to receive them into the home's care, on the voluntary application of the parents jointly, or the parent having custody, or the nearest living blood relative, or a legally appointed guardian. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 386, sec. 40, effective June 21, 1974. -- Amended 1964 Ky. Acts ch. 173. sec. 5, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-9.

KRS 201.090 Children that board may have committed

201.090. Children that board may have committed The board may file a petition and proceed as provided in KRS 201.100, whenever it has probable cause to believe that any child under eighteen (18) years of age: (1) Is abandoned, neglected or cruelly treated by its parents; (2) Is habitually sent out or permitted to beg in public places or lives by begging; (3) Associates with persons who tend to corrupt and contaminate him or her; (4) Is known to be vicious or incorrigible; or (5) Has parents who are in constant habits of drunkenness or gross debauchery or who are living together in unlawful cohabitation. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 386, sec. 41, effective June 21, 1974. -- Amended 1964 Ky. Acts ch. 173, sec. 6, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-9.

KRS 201.100 Procedure for commitment -- Appeals

201.100. Procedure for commitment -- Appeals (1) When a child comes under any of the provisions of KRS 201.090, the board may file a petition in the juvenile session of the District Court setting forth the facts in regard to the child. The court shall thereupon issue a writ for the custody of the child, and the writ shall be served upon the parents or the person having actual custody or control of the child, or if the child is under no actual parental custody or control, then upon the child itself. If the writ is served upon the child, the board shall place the child in the temporary custody of the home, or of some private person or public agency until the final order of the court. Notice of the time of the hearing shall be served on the parents or the person having actual custody or control of the child, and such person shall have the right to call witnesses and be heard as to his rights, fitness and ability to care for and educate the child. (2) If the facts set forth in the petition are found to be true and any of the conditions set forth in KRS 201.090 exist, the court shall order that the child be committed to the custody of the board. If the parents are able to maintain and support the child, the court shall require them to pay board, and may enforce such payment by attachment or other proceedings as in cases of contempt. (3) An appeal may be taken from any orders, judgments or commitments made under the provisions of this section according to the procedures established in KRS 610.130 for appeals from the juvenile session of District Court. Effective: July 1, 1987 History: Amended 1986 Ky. Acts ch. 423, sec. 190, effective July 1, 1987. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 180, effective January 2, 1978. -- Amended 1964 Ky. Acts ch. 173, sec. 7, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-9. Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 148, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 201.110 Duration of commitment -- Discharge -- Parole

201.110. Duration of commitment -- Discharge -- Parole (1) All children received into the home's care by commitment of any court or officer having jurisdiction shall remain under the home's care for the period of their commitment, not to exceed their minority, unless sooner paroled or discharged. (2) The board may discharge any child received under KRS 201.080(1) at any time it deems it for the best interest of the child or the other children under the home's care, or for the best interests of the home. The discharge may be absolute, conditional, temporary or on parole, in the discretion of the board. Before discharge notice must be given to the committing court and to such other parties as required in KRS Chapter 208. (3) The board shall discharge any child accepted for care under KRS 201.080(2) on written request of the parent, or other party as specified in said section, making the application for care, within five (5) calendar days, unless during said period the board shall have filed a petition for commitment under KRS 201.100 or KRS Chapter 620, 630, or 645 and such commitment, or a temporary order of custody under KRS Chapter 620, 630, or 645, shall have been ordered by the court. (4) The board may discharge any child accepted for care under KRS 201.080(2) at any time it deems it for the best interest of the child or the other children under the home's care or for the best interests of the home. Before discharge notice must be given to the committing court or board. Effective: July 1, 1987 History: Amended 1986 Ky. Acts ch. 423, sec. 191, effective July 1, 1987. --Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 181, effective January 2, 1978. -- Amended 1964 Ky. Acts ch. 173, sec. 8, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-9. Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 149, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 201.120 Employment, training, and education of children

201.120. Employment, training, and education of children (1) The board may provide for such schools and forms of instruction in branches of useful practical knowledge as may be proper or necessary for the education of the children in the home's care, and for the acquirement and practice of useful labor or trades, as may be suitable to the age and capacity of the children. (2) The board may, in its discretion, place any of the children as apprentices to learn proper trades and employments, that the board believes will be most conducive to the reformation, amendment, benefit, or advantage of the children. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 9, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b- 10.

KRS 201.130 Classification and segregation of children

201.130. Classification and segregation of children The board shall exercise care to protect children with less severe behavioral problems from children who are seriously patterned delinquents by means of the most practical use of the facilities and programs available. Effective: June 18, 1964 History: Amended 1964 Ky. Acts ch. 173, sec. 10, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-12.

KRS 201.140 Parole officers -- Powers and duties

201.140. Parole officers -- Powers and duties (1) The board may, with the approval of the county judge/executive, appoint, to serve at the pleasure of the board, one (1) or more persons, of more than twenty-one (21) years of age, as parole officers. The parole officers shall apprehend or arrest, and take into custody wherever found in this state children who escape from the home, and return them to the home. Parole officers shall also, under the direction of the board, convey children of the home to any point in the state, and perform such other duties as the board requires of them. Such officers shall also have the general powers of peace officers. (2) In making the apprehension or arrest of such escaped child, in any county other than that in which the home is located, the parole officer shall first secure a writ or process issued by the District Judge of the county wherein the home is located authorizing the parole officer to make such apprehension or arrest and to return the escaped child to the home, and this writ or process shall be the parole officer's authority in the premises. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 338, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 182, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-17.

KRS 201.150 Aiding escape of children prohibited

201.150. Aiding escape of children prohibited (1) No person shall aid or abet any child to escape from any home established under the provisions of this chapter or harbor or conceal any such child, knowing that the child has so escaped. (2) The board shall reclaim and bring back to the home any escaped children, and the peace officers of this state shall apprehend and return such children to the home, at the expense of the home. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-16.

KRS 201.160 Appropriations for purchase of property -- Right to alienate property

201.160. Appropriations for purchase of property -- Right to alienate property (1) In order to provide money for the purchase of property and the construction and equipment of buildings for the home, the fiscal court of the county may make an annual appropriation from the general fund of the county, and the legislative body of the city of the first class may make an annual appropriation from the general fund of the city. The appropriations, when in the judgment of the fiscal court and the legislative body of the city reasonably necessary for such purposes, shall be made by the county and the city in such amounts, in such proportion and upon such terms as the fiscal court and the legislative body may agree and provide. Moneys so appropriated may be paid over to the board in regular monthly installments. (2) Whenever the board is able to raise sufficient funds for carrying out the purposes of this chapter by the use, lease, sale, exchange, mortgage or pledge of property which has been conveyed to the board, the appropriations mentioned in subsection (1) of this section shall not be made. The action of the board in making such sale, exchange, mortgage or pledge, must be approved by the county judge/executive and the mayor of such city. (3) The appropriations made under this section shall not be expended by the board for any purpose other than that provided in subsection (1) of this section. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 169, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 938b-4, 938b-6.

KRS 201.170 Appropriations for maintenance

201.170. Appropriations for maintenance In order to provide money for maintaining the home and for carrying out the purposes of this chapter other than those named in KRS 201.160, the fiscal court of the county in which the home is established may make an annual appropriation from the general fund of the county, and the legislative body of the city of the first class may make an annual appropriation from the general fund of the city. The appropriations, when in the judgment of the fiscal court and the legislative body of the city reasonably necessary for such purposes, shall be made by the county and the city in such amounts, in such proportion and upon such terms as the fiscal court and the legislative body may agree and provide. Moneys so appropriated may be paid over to the board by the county and the city in regular monthly installments, but shall not be expended by the board for any purpose other than those mentioned in this section. Effective: June 17, 1954 History: Amended 1954, sec. 169, sec. 2, effective June 17, 1954. -- Amended 1946 Ky. Acts ch. 132, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-5.

KRS 201.180 Fiscal year -- Annual statements of board -- Other information to be supplied

201.180. Fiscal year -- Annual statements of board -- Other information to be supplied (1) The fiscal year of the board shall begin on the first day of July in each year and end on June 30 next following. During the month of May of each year the board shall prepare and certify two (2) financial statements to the fiscal court and the city legislative body. (2) One (1) statement shall show the amount of money that the board estimates will be needed for the ensuing fiscal year for expenditure under KRS 201.160, and set forth in detail the sums needed for the different branches or departments of the expenditures. This statement shall also show the estimated balances which will be on hand at close of business June 30 of that year and available for expenditure during the next succeeding fiscal year under KRS 201.160, and shall indicate as nearly as possible any additional funds or assets, other than those derived from appropriations, that will become available for expenditure during said fiscal year. (3) The other statement shall set forth the estimated balances, inventories, funds, assets and expenditures under KRS 201.170, in the same manner and detail as is required in the statement described in subsection (2) of this section. (4) The board shall also furnish the fiscal court and city legislative body with any other information or data available to it which the fiscal court or the legislative body may request. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 169, sec. 3, effective June 17, 1954. -- Amended 1944 Ky. Acts ch. 90, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-6.

KRS 201.190 Budgets -- Accounting system

201.190. Budgets -- Accounting system (1) When the fiscal court of the county and the city legislative body make the appropriations authorized by KRS 201.160 and 201.170, the board shall prepare and certify to the fiscal court of the county and the legislative body of the city for their approval: (a) A revised budget setting forth the receipts, funds and assets from all sources, available and estimated to become available for expenditure during the next succeeding fiscal year, for the purposes named in KRS 201.160, and the estimated expenditures by branches or departments for such year under KRS 201.160; and (b) A revised budget setting forth the estimated receipts, funds and assets from all sources available and estimated to become available for expenditure during the next succeeding fiscal year for the purposes named in KRS 201.170, and the estimated expenditures by branches or departments for such year under KRS 201.170. (2) In making the revised budgets, the board shall allocate the revenues and assets estimated to be and to become available for such fiscal year, to the various branches or departments of expenditures to be made under KRS 201.160 and 201.170 respectively, and in making disbursements and expenditures for such fiscal year, the board shall conform thereto, but in the event of an emergency, the board, with the approval of the county judge/executive and the mayor, may deviate therefrom. (3) The board shall inaugurate and maintain a modern and efficient accounting system in the home. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 169, sec. 4, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-6.

KRS 201.200 Limitation on expenditures -- Board may borrow money

201.200. Limitation on expenditures -- Board may borrow money (1) The board shall not in any one (1) year, expend for the maintenance of the home and the carrying out of the purposes of this chapter, more than the total sum derived through the appropriations for the year as provided in KRS 201.170, as supplemented by funds given to the board for such purposes and the funds derived from the sale or income of property given to the board for such purposes and by the income of the home for the year. (2) The board may borrow money on its own credit in anticipation of the revenue to be derived from appropriations or other income for the fiscal year in which the money is borrowed. For such purpose, the board may pledge the appropriations authorized under KRS 201.160 and 201.170. No money borrowed through the pledge of appropriations authorized under KRS 201.160 shall be expended for any purposes other than those named in that section; and no money borrowed through the pledge of appropriations authorized under KRS 201.170 shall be expended for any purposes other than those named in that section. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 169, sec. 5, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 938b-5, 938b-7.

KRS 201.210 Annual reports of board

201.210. Annual reports of board Within sixty (60) days after the close of each fiscal year, the board shall make to the county judge/executive and to the mayor of the city of the first class, for transmission to the fiscal court of the county and to the legislative body of the city, respectively, a report of the fiscal and other operations of the board and of the home for the previous fiscal year, accompanied by information and tables showing the character and extent of such operations. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-8.

KRS 201.990 Penalties

201.990. Penalties Any person who violates subsection (1) of KRS 201.150 shall be fined not less than one hundred ($100) nor more than two hundred dollars ($200), or imprisoned for not less than thirty (30) days nor more than six (6) months, or both. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-16.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38117Fetched: 10/20/2026