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Form a Business

STATUS OFFENDERS

KRS tit. LI, ch. 630
in effect

KRS 630.010 Purposes of chapter regarding status offenders

630.010. Purposes of chapter regarding status offenders In addition to those purposes set forth in KRS 600.010, this chapter shall be interpreted and construed to effectuate the following purposes regarding status offenders: (1) The Commonwealth's courts shall utilize a separate and distinct set of guidelines for status offenders which reflect their individual needs; (2) It shall be declared to be the policy of this Commonwealth that all its efforts and resources be directed at involving the child and the family in remedying the problem for which they have been referred; (3) A status offender accused of or adjudicated for the violation of a valid court order may be securely detained in accordance with KRS 630.095 for up to forty-eight (48) hours, exclusive of weekends and holidays, pending receipt of the written report required under KRS 630.080(4). Any period of secure detention prior to the detention hearing shall not exceed twenty-four (24) hours, exclusive of weekends and holidays; (4) Status offenders accused of violating a valid court order shall not be securely detained in intermittent holding facilities; and (5) Status offenders accused of or found guilty of violating a valid court order shall not be converted into public offenders by virtue of this conduct. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 17, effective July 15, 2026. -- Amended 2008 Ky. Acts ch. 87, sec. 7, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 8, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 538, sec. 9, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 80, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 109, effective July 1, 1987. Legislative Research Commission Note. Acts 1986, ch. 423, § 199 read: "KRS 446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the 1986 regular session of the General Assembly."

KRS 630.020 Jurisdiction of court

630.020. Jurisdiction of court The court shall have exclusive jurisdiction in proceedings concerning any child living, or found within the district, who allegedly: (1) Has been an habitual runaway from his parent or person exercising custodial control or supervision of the child; (2) Is beyond the control of the school or beyond the control of parents as defined in KRS 600.020; (3) Has been an habitual truant from school; or (4) Has committed an alcohol offense under KRS 244.085. Effective: March 26, 2020 History: Amended 2020 Ky. Acts ch. 35, sec. 12, effective March 26, 2020. -- Amended 2008 Ky. Acts ch. 87, sec. 8, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 9, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 81, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 110, effective July 1, 1987.

KRS 630.030 Circumstances under which child may be taken into custody by peace officer

630.030. Circumstances under which child may be taken into custody by peace officer Under the provisions of this chapter a child may be taken into custody by any peace officer: (1) Pursuant to an order of the court for failure to appear before the court for a previous status offense; or (2) If there are reasonable grounds to believe that the child has been an habitual runaway from his parent or person exercising custodial control or supervision of the child. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 111, effective July 1, 1987.

KRS 630.040 Duties of person taking child into custody

630.040. Duties of person taking child into custody Any person taking a child into custody, with all reasonable speed, shall in this sequence: (1) Deliver the child suffering from a physical condition or illness which requires prompt medical treatment to a medical facility or physician. Children suspected of having a mental or emotional illness shall be evaluated in accordance with the provisions of KRS Chapter 645; (2) Contact a court designated worker who shall have the responsibility for determining appropriate placement pursuant to KRS 610.200(5); (3) If the court designated worker determines that the placements designated in KRS 610.200(5) and subsection (1) of this section have been exhausted or are not appropriate, a child may be delivered to a secure juvenile detention facility, a juvenile holding facility, or a nonsecure setting approved by the Department of Juvenile Justice, in accordance with KRS 630.095, pending the detention hearing; (4) When the child has not been released to his or her parents or person exercising custodial control or supervision, the person taking the child into custody shall make a reasonable effort promptly to give oral notice to the parent or person exercising custodial control or supervision of the child; (5) In all instances the peace officer taking a child into custody sha ll provide a written statement to the court designated worker of the reasons for taking the child into custody; (6) If the child is placed in an emergency shelter or medical facility, during the adjudication and disposition of his case, the court may order his or her parents to be responsible for the expense of his care; and (7) The peace officer taking the child into custody shall within three (3) hours of taking a child into custody file a complaint with the court, stating the basis for taking the child into custody and the reason why the child was not released to the parent or other adult exercising custodial control or supervision of the child, relative or other responsible adult, a court designated agency, an emergency shelter or medical facility. Pending further disposition of the case, the court or the court designated worker may release the child to the custody of any responsible adult who can provide adequate care and supervision. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 18, effective July 15, 2026. -- Amended 2000 Ky. Acts ch. 193, sec. 10, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 82, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 112, effective July 1, 1987.

KRS 630.050 Conference with court-designated worker

630.050. Conference with court-designated worker Before commencing any judicial proceedings on any complaint alleging the commission of a status offense, except as permitted under KRS 610.030(7), the party or parties seeking such court action shall meet for a conference with a court-designated worker for the express purpose of determining whether or not: (1) To refer the matter to the court by assisting in the filing of a petition under KRS 610.020; (2) To refer the child and his family to a public or private social service agency. The court-designated worker shall make reasonable efforts to refer the child and his family to an agency before referring the matter to court; or (3) To enter into a diversionary agreement. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 19, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 163, sec. 3, effective July 15, 2024. -- Amended 1988 Ky. Acts ch. 350, sec. 83, effective April 10, 1988. --Created 1986 Ky. Acts ch. 423, sec. 113, effective July 1, 1987.

KRS 630.060 Information confidential

630.060. Information confidential (1) 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) No complaint shall be received by the court designated worker alleging habitual truancy unless an adequate assessment of the child has been performed pursuant to KRS 159.140(1)(c), (d), and (f), unless it can be shown that the assessment could not be performed due to the child's failure to participate. Effective: March 31, 2003 History: Amended 2003 Ky. Acts ch. 159, sec. 2, effective March 31, 2003. -- Amended 1988 Ky. Acts ch. 350, sec. 84, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 114, effective July 1, 1987.

KRS 630.070 Violated court order -- Placement in secure facility

630.070. Violated court order -- Placement in secure facility A status offender shall not be placed in a secure juvenile detention facility or juvenile holding facility as a means or form of punishment except in accordance with KRS 630.095, following a finding that the status offender has violated a valid court order . Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 20, effective July 15, 2026. -- Amended 2008 Ky. Acts ch. 87, sec. 9, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 11, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 85, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 115, effective July 1, 1987.

KRS 630.080 Detention in secure juvenile detention facility or juvenile holding facility -- Limitation on detention of child

630.080. Detention in secure juvenile detention facility or juvenile holding facility -- Limitation on detention of child (1) (a) In order for the court to detain a child after the detention hearing, the Commonwealth shall establish probable cause at the detention hearing that the child is a status offender and that further detention of the child is necessary for the protection of the child or the community. (b) If the Commonwealth fails to establish probable cause that the child is a status offender, the complaint shall be dismissed and the child shall be released. (c) If the Commonwealth establishes probable cause that the child is a status offender, but that further detention of the child is not necessary for the protection of the child or the commu nity, the child shall be released to the parent or person exercising custodial control or supervision of the child. (d) If grounds are established that the child is a status offender, and that further detention is necessary, the child may be placed in a no nsecure setting approved by the Department of Juvenile Justice. (2) Notwithstanding KRS 630.095, a status offender may be securely detained if the cabinet has initiated or intends to initiate transfer of the youth by competent document under the provisions of the interstate compact pursuant to KRS Chapter 615. (3) The appropriate public agency shall: (a) Within twenty-four (24) hours, exclusive of weekends and holidays, of receiving notification, as provided in KRS 15A.305(3), that a status offender or alleged status offender has been detained on the allegation that the child has violated a valid court order, meet with and interview the child; and (b) Within forty-eight (48) hours, exclusive of weekends and holidays, of the detention hearing required under KRS 610.265, prepare and deliver to the court the completed written report required by subsection (4) of this section and KRS 610.265 if the child remains in detention after the detention hearing, and prior to the disposition hearing if the child has not be en detained. (4) (a) A status offender or alleged status offender who is subject to a valid court order may be detained in accordance with KRS 630.095 upon a finding that the child violated the valid court order if the court does the following prior to ordering that detention: 1. Affirms that the requirements for a valid court order were met at the time the original order was issued; 2. Makes a determination during the adjudicatory hearing that the child violated the valid court order; and 3. a. 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, the court: i. Receives and reviews 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; ii. Determines the reasons for the child's behavior; and iii. Determines whether all dispositions other than detention in accordance with KRS 630.095 have been exhausted or are inappropriate. b. If a prior written report is included in the child's file, that report shall not be used to satisfy this requirement. (b) 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 under paragraph (a)3. of this subsection. (c) The hearing shall be conducted in accordance with the provisions of KRS 610.060. The findings required by this subsection shall be included in any order issued by the court which results in the detention of a status offender. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 69, sec. 21, effective July 15, 2026. -- Amended 2008 Ky. Acts ch. 87, sec. 10, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 12, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 86, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 116, effective July 1, 1987.

KRS 630.090 Repealed, 2000

630.090. Repealed, 2000 Catchline at repeal: Limitations on detention of alleged status offender. History: Repealed 2000 Ky. Acts ch. 193, sec. 19, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 87, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 117, effective July 1, 1987.

KRS 630.095 Detention of alleged or adjudicated status offender

630.095. Detention of alleged or adjudicated status offender (1) A child who is alleged to be a status offender, adjudicated as a status offender, or a status offender alleged or found to have violated a valid court order may be detained as follows: (a) A child who is under fourteen (14) years old shall not be detained in a secure juvenile detention facility but may be detained in a nonsecure setting approved by the Department of Juvenile Justice; and (b) A child who is fourteen (14) years of age or older may be detained in a nonsecure setting approved by the Department of Juvenile Justice or a secure juvenile detention facility. (2) (a) Unless a shorter time period is established in this chapter or KRS Chapter 610, any child who may be detained in a secure juvenile detention facility shall not be detained for longer than seven (7) days unless a court makes written findings that further detention of the child is necessary for the protection of the child or the community. (b) In no event shall the period of detention under paragraph (a) of this subsection exceed thirty (30) days. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 69, sec. 10, effective July 15, 2026.

KRS 630.100 Repealed, 2026

630.100. Repealed, 2026 Catchline at repeal: Detention of adjudicated status offender. History: Repealed 2026 Ky. Acts ch. 69, sec. 22, effective July 15, 2026. -- Amended 2008 Ky. Acts ch. 87, sec. 11, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 13, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 88, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 118, effective July 1, 1987.

KRS 630.110 Repealed, 2000

630.110. Repealed, 2000 Catchline at repeal: Conduct of adjudicatory hearing. History: Repealed 2000 Ky. Acts ch. 193, sec. 19, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 89, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 119, effective July 1, 1987.

KRS 630.120 Conduct of dispositional hearings -- Prohibition against commitment for certain alcohol and tobacco offenses

630.120. Conduct of dispositional hearings -- Prohibition against commitment for certain alcohol and tobacco offenses (1) All dispositional hearings conducted under this chapter shall be conducted in accordance with the provisions of KRS 610.060 and 610.070. In addition, the court shall, at the time the dispositional order is issued: (a) Give the child adequate and fair written warning of the consequences of the violation of the order; and (b) Provide the child and the child's attorney, and parent, or legal guardian a written statement setting forth the conditions of the order and the consequences for violating the order. An order issued pursuant to this section is a valid court order and any child violating that order may be subject to the provisions of KRS 630.080(4). (2) The court shall consider all appropriate local remedies to aid the child and the child's family subject to the following conditions: (a) Residential and nonresidential treatment programs for status offenders shall be community-based and nonsecure; and (b) With the approval of the education agency, the court may place the child in a nonsecure public or private education agency accredited by the Department of Education. (3) At the disposition of a child adjudicated on a petition brough t pursuant to this chapter, all information helpful in making a proper disposition, including oral and written reports, shall be received by the court provided that the child, the child's parents, their counsel, the prosecuting attorney, the child's counse l, or other interested parties as determined by the judge shall be afforded an opportunity to examine and controvert the reports. For good cause, the court may allow the admission of hearsay evidence. (4) The court shall affirmatively determine that all ap propriate remedies have been considered and exhausted to assure that the least restrictive alternative method of treatment is utilized. (5) The court may order the child and the child's family to participate in any programs which are necessary to effectuat e a change in the child and the family. (6) When all appropriate resources have been reviewed and considered insufficient to adequately address the needs of the child and the child's family, the court may, except as provided in subsection (7) of this section, commit the child to the cabinet for such services as may be necessary. The cabinet shall consider all appropriate local remedies to aid the child and the child's family subject to the following conditions: (a) Treatment programs for status offenders shall be, unless excepted by federal law, community-based and nonsecure; (b) The cabinet may place the child in a nonsecure public or private education agency accredited by the department of education; (c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the parents fail to participate in the cabinet's treatment programs; and (d) The cabinet may discharge the child from commitment after providing ten (10) days' prior written notice to the committing court which may object to such discharge by holding court review of the commitment under KRS 610.120. (7) No child adjudicated guilty of an alcohol offense under KRS 244.085 or a tobacco offense under KRS 438.305 to 438.350 shall be committed as a result of that adjudication. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 78, sec. 27, effective June 27, 2025. -- Amended 2008 Ky. Acts ch. 87, sec. 12, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 193, sec. 14, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 90, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 120, effective July 1, 1987.

KRS 630.125 Child not to be charged with or found guilty of status offense related to human trafficking

630.125. Child not to be charged with or found guilty of status offense related to human trafficking If reasonable cause exists to believe the child is a victim of human trafficking, as defined in KRS 529.010, the child shall not be charged with or adjudicated guilty of a status offense related to conduct arising from the human trafficking of the child unless it is determined at a later time that the child was not a victim of human trafficking at the time of the offense. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 25, sec. 6, effective June 25, 2013.

KRS 630.130 Repealed, 2000

630.130. Repealed, 2000 Catchline at repeal: Limitations on detention of status offender after disposition. History: Repealed 2000 Ky. Acts ch. 193, sec. 19, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 91, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 121, effective July 1, 1987.

KRS 630.140 Administrative regulations

630.140. Administrative regulations The cabinet may promulgate administrative regulations to implement the provisions of this chapter. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 122, effective July 1, 1987.

KRS 630.150 Effect of violation of conditions of placement -- Administrative hearing

630.150. Effect of violation of conditions of placement -- Administrative hearing (1) Any child committed to the cabinet who is placed on supervised placement from a residential treatment facility by the cabinet and who violates the terms or conditions of supervised placement may be taken into custody and returned to active custody of the cabinet by any probation officer or by any peace officer on direction of the cabinet. (2) The child may be taken into custody and held in one (1) of the cabinet's treatment facilities prior to the administrative hearing if a preliminary hearing is held by a person designated by the cabinet within forty-eight (48) hours of such holding to determine if there is probable cause to believe that the child violated his supervised placement conditions and, if so, to determine if the best interest of the child requires that the child be held in custody pending an administrative hearing pursuant to subsection (3) of this section. The child and his parent or other person exercising custodial control or supervision shall be given an opportunity to be heard and to be represented by counsel at the preliminary hearing. (3) Whether or not the child is returned to the cabinet's active custody pending a hearing, before readmitting the child to a treatment program pursuant to this section, except as provided in subsection (2) of this section, an administrative hearing shall be held within ten (10) working days of the request to readmit the child to a treatment program, unless the child and his representative request or agree to a longer period of time. The hearing shall be held by a three (3) member board designated by the cabinet to hear such matters at which time the child and his parent or other person exercising custodial control or supervision shall be given an opportunity to be heard and be represented by counsel. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 92, effective April 10, 1988.

KRS 630.160 Escape charge not to be filed in certain circumstances

630.160. Escape charge not to be filed in certain circumstances Notwithstanding any provision of KRS Chapter 520 to the contrary, no child accused of being or who has been adjudicated as a status offender or who has been accused of or held in contempt of court based upon an underlying finding that the child is a status offender who is absent without leave from a nonsecure detention option or home detention, or who fails to comply with the conditions of supervised placement, shall be charged with escape for being absent without leave or failing to comply with the conditions of supervised placement. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 193, sec. 16, effective July 14, 2000.

KRS 630.990 Penalty

630.990. Penalty Any person who intentionally violates any provision of this chapter shall be guilty of a Class B misdemeanor. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 93, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 123, effective July 1, 1987.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39428Fetched: 10/20/2026

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