505 KAR | Title 505 KAR — Justice and Public Safety Cabinet - Department of Juvenile Justice

Chapter 1 Child Welfare

505 KAR 1:010 Definitions {#sec-505-kar-1-010 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:010}

Section 1. Definitions.

(1) "Absent without leave" or "AWOL" means a juvenile who leaves an approved placement without advanced approval from the supervising authority or is absent from an approved community setting for more than three (3) hours without notification.

(2) "ADO" means Administrative Duty Officer.

(3) "Administrative transfer request" or "ATR" means a request for consideration of change in placement for any juvenile in out-of-home placement.

(4) "Aftercare" means a continuum of planned supervision, schedules, activities, and services coordinated for or provided to a juvenile who has been released from a department operated or contracted out of home treatment placement and who is being integrated into a local community setting.

(5) "Aggressive behavior" means behavior or acting out that could lead to the infliction of harm or injury to self, others, or property.

(6) "Alternative to Secure Detention Program" or "ATD" means any resource that provides a less restrictive environment than secure detention, such as emergency shelter care, a court resource home, a day reporting center, home detention, or foster care.

(7) "Anniversary date" means the date sentenced, by which eligibility for meritorious good time shall be reviewed.

(8) "Career and technical education" means education or training in skilled trades, applied sciences, modern technologies, and career preparation offered or approved by the department.

(9) "Caregiver" means a guardian or other person exercising custodial control or supervision of a juvenile.

(10) "Case management" means a collaborative process to coordinate services and supervision for the family unit. Components of case management include assessment, case planning, resource linkage, monitoring, documentation, advocacy, promoting family strengths, and engaging the family.

(11) "Case plan" means a written document that builds a plan for supervision and services that targets the risk and need factors identified in the juvenile's Criminogenic Needs Questionnaire and Risk and Criminogenic Needs Assessment and involves the juvenile, family, service providers, and natural supports. The plan shall include the goals to be pursued, the specific roles of the participants in carrying out the plan, and the specific timetable for completion of the plan.

(12) "Cavity search" means a manual or instrument inspection of a person's anal, vaginal or other body cavity by trained medical personnel. An instrument inspection does not include whole body imaging for security.

(13) "Chain of custody" means documented accountability for the custody of evidence from the moment it reaches the staff's custody until the moment it is presented in court, transferred, or destroyed.

(14) "Chemical agent" means non-lethal gases including Chlorobenzalmalononitrile (CS) gas and Oleoresin Capsicum (OC) gas, spray, and pepper ball delivery methods; and hexachloroethane (HC) smoke and similar chemicals used to control individuals or crowds. This does not include chloroacetophenone or hydrogen cyanide (CN) (chemical mace), which is not authorized for use within DJJ or for training.

(15) "Child Find" means a component of the Individuals with Disabilities Education Improvement Act 2004 that requires states and local education agencies to identify, locate, and evaluate all children with disabilities residing in the state, regardless of the severity of their disability, who are in need of special education and related services as described by 34 C.F.R. §300.111.

(16) "Chronic program disruption" means a pattern of behavior that threatens the safety and security of the facility, self, or others where less restrictive responses have failed to modify the behavior.

(17) "Classification" means a process to determine the risks, needs, and requirements of a juvenile.

(18) "Classification placement" means the out-of-home placement of a committed juvenile as determined by the department's Classification Branch Placement Services.

(19) "Cognitive behavioral therapy" means using treatment techniques emphasizing the role of thoughts, feelings, and behaviors in a person's functioning and well-being, helping a juvenile recognize their problematic thoughts, feelings, and behaviors and learn alternative ways to cope and prevent relapse.

(20) "Commissioner" means the commissioner of the department.

(21) "Commissioner's warrant" means a document issued by the department directing that a juvenile be taken into custody.

(22) "Commitment" means an order by a court ordering a juvenile to the care, custody, and treatment of an agency or private or state institution maintained for such purpose.

(23) "Community Juvenile Justice Partnership Grant Program" means the grant program utilizing state general funds for a local community to support the development of a prevention program.

(24) "Comprehensive plan" means the plan developed and adopted by the council, and approved by the commissioner, that directs the development and funding of programs and initiatives of the council for a designated period of time.

(25) "Conductive energy device" means a device that functions by applying electrical impulses to the receiver, causing involuntary muscle contractions and temporary immobilization.

(26) "Consequence" means suspension of privileges or behavioral penalty issued due to a negative behavior that is being displayed or an infraction of the facility's rules.

(27) "Contraband" is defined by KRS 520.010(1) and includes tobacco, lighters, matches, pins, needles, sewing equipment, aerosol cans, toxic cosmetics (such as nail polish remover), modeling glue, cleaning fluids, paints, razors, tools, ropes, chains, extremely toxic house plants, broken articles, vaping articles or supplies, inappropriate photos or depictions (such as nudity, sexual content, or gang signs or symbols), drug paraphernalia as defined by KRS 218A.500, and any other item used to subvert security measures, assist in an escape event, or items identified in writing by the facility or program to the juvenile.

(28) "Council" means the local juvenile delinquency prevention council whose members are appointed by the Commissioner of the Department of Juvenile Justice.

(29) "Criminogenic Needs Questionnaire" or "Needs-Q" means a tool that identifies dynamic or changeable risk factors, called criminogenic needs, that contribute to the juvenile's likelihood of reoffending which are to be utilized in case planning allowing for the targeting of treatment interventions for the juvenile and family in order to reduce recidivism.

(30) "Critical incident" means a sudden, unexpected occurrence that puts a person's safety at risk. This incident falls outside of the range of a day-to-day operations. If it goes unaddressed, a critical incident may lead to injury or death.

(31) "Dangerous contraband" is defined by KRS 520.010(3) and means contraband that is capable of endangering the safety or security of a facility or persons therein, including saws, files, and similar metal cutting instruments, any controlled substance, any quantity of an alcoholic beverage, any quantity of marijuana, THC delta-8, or THC delta-9, dangerous instruments, and deadly weapons as defined by KRS 500.080. The definition shall not include the parts of the human body portion of the definition of dangerous instrument.

(32) "Dangerous instrument" is defined by KRS 500.080(3).

(33) "Day release" means both escorted and unescorted leave into the community of less than twenty-four (24) hours duration from placement.

(34) "Day treatment" means a community-based treatment program for a juvenile juvenile in need of intensive therapeutic supports outside of a residential or hospital setting and offers a range of services including education; clinical assessment; rehabilitation activities; individual, family, and group therapy; and other interventions.

(35) "Deadly weapon" is defined by KRS 500.080(4).

(36) "Department" or "DJJ" means the Department of Juvenile Justice.

(37) "DCBS" means Department of Community Based Services.

(38) "Detention facility" is defined by KRS 520.010(4).

(39) "Detention Alternative Coordinator" or "DAC" means a person employed by the Department of Juvenile Justice that is responsible for the development of alternatives to secure detention programs, screening of juveniles to determine who is appropriate for non-secure detention, and oversight of the juveniles placed in these programs.

(40) "Detention risk assessment instrument" means the scoring instrument used by the Department of Juvenile Justice to determine whether a juvenile should be placed in secure, non-secure, or home detention care.

(41) "Discrimination" means an abridgement of rights based upon a person's race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity, genetic information, or veteran status.

(42) "Discharge planning conference" means a meeting of the treatment team to finalize the aftercare plan and facilitate the transition of the juvenile to a lower level placement.

(43) "Discipline" means a process to assist the juvenile in learning socially acceptable behaviors and rule compliance through the use of natural and logical consequences.

(44) "Disciplinary review" means a non-judicial administrative procedure to determine if grounds exist to support discipline for a major rule violation.

(45) "Disciplinary Review Committee" means staff designated to conduct a disciplinary review.

(46) "Drug screen" means a preliminary screening of a urine specimen for the presence of selected categories of drugs.

(47) "Drug test" means processing a urine specimen for confirmation of the presence of drugs.

(48) "Educational good time" means a sentence credit for a youthful offender for an educational accomplishment pursuant to KRS 197.045(1)(a)(2) and (3) and approved pursuant to 505 KAR 1:260.

(49) "Electronic monitoring" means a supervision tool that provides electronic information about the juvenile's presence at, or absence from, his or her residence or other location.

(50) "Emergency ATR" or "E-ATR" means an electronic request for transfer that is executed through supervisory channels, without committee review, and subsequently supported with written documentation.

(51) "Emergency furlough" means a furlough that may be granted as a result of a crisis or urgent situation.

(52) "Escape" is defined by KRS 520.010(5).

(53) "Escorted day leave" means the authorized absence of a juvenile from the detention facility into the community for a period of less than 24-hours under direct escort and supervision of the detention center staff.

(54) "Facility" means a place, institution, building (or part thereof), set of buildings, structure, or area (whether or not enclosing a building or set of buildings) that is used by an agency for the confinement of individuals as established in 28 C.F.R. § 115.5.

(55) "Facility restriction" means restricting a juvenile to the confines of the facility or program grounds.

(56) "Family Accountability, Intervention, and Response Team" or "FAIR Team" means the team described in KRS 605.035(1).

(57) "Family engagement" means working with the juvenile's family or caregiver as a partner with the Department of Juvenile Justice in the juvenile's treatment throughout the continuum of care.

(58) "Fixed restraint" means the restraining of an individual to a bed, restraint chair, or any stationary object and is commonly referred to as "four/five-point restraint".

(59) "Furlough" means an approved, unescorted leave of absence granted to a juvenile extending beyond a twenty-four (24) hour period from placement.

(60) "FRA" means Facilities Regional Administrator.

(61) "Grievance" means a written statement in which a complaint or dissatisfaction is documented and filed in the department grievance process.

(62) "Grievance officer" means a facility staff person trained by the department Ombudsman and assigned to process juvenile grievances.

(63) "Group home" or "GH" means a residential program emphasizing family-style living in a homelike environment that generally houses eight (8) to ten (10) juveniles.

(64) "Home detention" means ordered supervision of a juvenile in his or her own home with or without electronic monitoring.

(65) "Home evaluation" means an evaluation and subsequent report of findings to determine if supervision in a proposed residence is in the best interest of the juvenile and the community.

(66) "Home state" means the state where the juvenile's legal guardian or custodial agency is located.

(67) "Human trafficking" is defined by KRS 529.010(7).

(68) "Immediate family" means:

(a) Spouse;

(b) Children or stepchildren;

(d) Grandparents;

(e) Siblings or stepsiblings and their spouses; and

(f) Aunts and uncles and their spouses.

(69) "Incident" means an unusual event or occurrence including:

(a) Use of isolation;

(b) AWOL or escape;

(d) Assault by juvenile on staff;

(e) Major property destruction;

(f) Possession of contraband;

(g) Death of a resident;

(h) Major injury;

(i) Suicide attempt;

(j) Use of restraint;

(k) Taking of hostages;

(l) Medication error;

(m) Rioting or attempting to incite a riot;

(n) Self-harming behavior; or

(o) Other similarly serious occurrence that a DJJ supervisor determines is an incident.

(70) "Individual client record" or "ICR" means the electronic case file, sometimes referred to as "juvenile offender records index" or "JORI", and hard case file of an individual juvenile by which information and documentation is maintained.

(71) "Individual Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 707 KAR 1:320.

(72) "Individual Learning Plan" or "ILP" means a document usually developed online for a student in middle and high school that focuses on career exploration, assessment of skills and interests, reflection on work related experiences, and the creation of an education plan that includes personal goals and exploration of college and post-secondary opportunities.

(73) "Individual Learning Plan Addendum" or "ILPA" means an educational action plan recorded in Infinite Campus that addresses the changed educational needs of a student based upon entry into or exit from an alternative education program.

(74) "Individual Program Plan" or "IPP" means a plan for a juvenile who struggles to participate in the normal routine of the facility, including a juvenile who is assaultive, has chronic program disruption, or who presents a danger to themselves.

(75) "Individual Treatment Plan" or "ITP" means a written document that takes into consideration the severity of the current offense, the risk and need factors identified in the juvenile's needs assessment, and any additional assessments, and identifies the treatment goals to be pursued, specifies the roles of the participants in carrying out the plan, and specifies a timetable for completion of the plan.

(76) "Intensive room supervision" means constant staff supervision of a juvenile placed in a room with the door open for a period of time.

(77) "Internal Investigations Branch" or "IIB" means the office within the Justice and Public Safety Cabinet that investigates complaints of abuse or a special incident.

(78) "Isolation" means the removal of a juvenile from the general population and placement in a room with the door closed due to a threat to the safety or security of the facility, staff, or juvenile.

(79) "Jail" means county jails and correctional or detention facilities, including correctional facilities defined in KRS 600.020 operated by and under the supervision of any political subdivision.

(80) "JSW" means Juvenile Service Worker.

(81) "Juvenile" means:

(a) Any person probated, committed, or under the supervision of the Department of Juvenile Justice who is subject to the jurisdiction of the juvenile court;

(b) Any youthful offender in the custody of the Department of Juvenile Justice prior to final sentencing; and

(c) Any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail as established in 28 C.F.R. § 115.5.

(82) "Juvenile holding facility" means a physically secure setting which is an entirely separate facility or portion or wing of a building containing an adult jail, which provides total separation between juvenile and adult facility spatial areas and which is staffed by sufficient certified staff to provide twenty-four (24) hour per day supervision.

(83) "Juvenile Justice Advisory Board" means the board created by KRS 15A.065.

(84) "Juvenile sexual offender" is defined by KRS 635.505(2) and includes a juvenile adjudicated for an offense involving sex or of a sexual nature as determined by the sending state or who may be required to register as a sex offender in the sending or receiving state.

(85) "Lateral transfer" means the transfer of a juvenile from one placement to another within the same placement level.

(86) "Least restrictive alternative" is defined in KRS 600.020(38).

(87) "Legal guardian" means a parent or other person who is legally responsible for the care and management of the juvenile.

(88) "Leisure time" means free time in which juveniles are given the opportunity to engage in constructive activities such as drawing, writing, reading, or listening to music.

(89) "Level 4 facility" means a maximum security youth development center as set forth in KRS 15A.0652.

(90) "Level of Placement Continuum" means the movement of a juvenile within placement levels.

(91) "Level system" means a tiered system to provide a structured system for measuring progression toward treatment goals.

(92) "Local community" means the area represented by the council.

(93) "Maximum secure facility" means a juvenile residential facility that is physically secure.

(94) "Mechanical restraint" means a device, including handcuffs, anklet waist chains, and black boxes used by department staff to restrict the free movement of a juvenile.

(95) "Meritorious good time" means a sentence credit that may be awarded to a youthful offender pursuant to KRS 197.045(1)(b)(2) for good behavior, performing duties of outstanding importance, or exceptional service in connection with facility operations and programs and pursuant to KRS 197.045(1)(b)(3) in emergencies.

(96) "Natural supports" means personal associations and relationships typically developed in the community that enhance the quality and security of life for people, including family relationships; friendships reflecting the diversity of the neighborhood and the community; association with fellow students or employees in regular classrooms and work places; and associations developed through participation in clubs, organizations, and other civic activities.

(97) "Needs assessment" means identifying dynamic or changeable risk factors, called criminogenic needs, that contribute to the juvenile's likelihood of reoffending which are to be utilized in case planning allowing for the targeting of treatment interventions for the juvenile and family or caregiver in order to reduce recidivism.

(98) "Office of Career and Technical Education" or "OCTE" means an office within the Kentucky Department of Education that addresses career and technical education as a component of the high school curriculum.

(99) "One-to-one supervision" means an individual staff member is assigned to directly supervise no more than one (1) juvenile with the staff staying within very close proximity to ensure constant supervision and immediate intervention if needed for safety reasons.

(100) "Open entry-open exit" means allowing a juvenile to enter school and exit school as the student enters and exits DJJ custody rather than during normal school semester or quarter schedules.

(101) "Orientation Treatment Plan" or "OTP" means a written document outlining short term objectives and expectations and any problems that require immediate attention and will be in effect until an Individual Treatment Plan is written.

(102) "Out-of-home placement" is defined by KRS 600.020(45).

(103) "Pat-down search" means a running of the hands over the clothed body of a juvenile by an employee to determine if the individual possesses contraband.

(104) "Physical restraint" means a set of techniques used to physically manage ajuvenile exhibiting aggressive behavior.

(105) "Physically secure facility" is defined by KRS 600.020(50).

(106) "Plan year" means the period beginning July 1 of the fiscal year for which the commissioner approves a council's comprehensive plan, and ending on June 30 of the fiscal year.

(107) "Public offender" means a juvenile who is accused of an offense under KRS Chapter 527 or a public offense which, if committed by an adult, would be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child sixteen (16) years of age or older has committed a motor vehicle offense.

(108) "Program days" means scheduled days for a student's attendance at a day treatment program.

(109) "Reasonable suspicion" means a less stringent standard than probable cause requiring the authority acting to be able to point to specific and articulable facts that, taken together with rational inferences from those facts, reasonably warrant a belief that an individual is in possession of contraband.

(110) "Regional director" means the Department of Juvenile Justice Regional Director for the area in which the council is based.

(111) "Risk assessment" or "Risk and criminogenic needs Assessment" or "RCNA" means a standardized method of data collection that estimates the likelihood that continued delinquent behaviors will occur without intervention and guides intervention planning.

(112) "Room confinement" means a juvenile at a Level 4 facility is placed in a room in a general population unit with the door closed for a period of time not to exceed four (4) hours for the purposes of assisting the juvenile with regaining control of their behavior while avoiding a placement in isolation.

(113) "Room restriction" means temporary removal of a juvenile from the general population to a specified location for behavior management with the door open.

(114) "Runaway" means any child under the juvenile jurisdictional age limit established by their home state who has run away from their residence without consent of the parent, legal guardian, person, or custodial agency entitled to their legal custody.

(115) "Section 504 plan" or "504 plan" means a written statement developed for a student with a disability that includes the provision of regular or special education and related aids and services designed to meet individual educational needs in accordance with the federal regulations issued under 34 C.F.R. sec. 104.33.

(116) "Secure facility" means a facility which is approved for the holding of juveniles and is one which is either staff-secured or locked and which prohibits a juvenile in custody from leaving.

(117) "Secure juvenile detention facility" is defined by KRS 15A.200(4).

(118) "Security staff" means employees primarily responsible for the supervision and control of juveniles in housing units, recreational areas, dining areas, and other program areas of the facility as established in 28 C.F.R. § 115.5.

(119) "Security threat group" or "STG" means a formal or informal ongoing group of juveniles varying in organization and composition that have:

(a) Common characteristics, interests, and goals distinguishing them from other juveniles;

(b) A common name or common identifying signs, colors, or symbols;

(c) Individually or collectively engage in or have engaged in a pattern of continued criminal activity or departmental rule violations; and

(d) The potential to act in concert to interrupt the safe, secure, and orderly operations of an institution or any other department facility or pose a threat or potential threat to public safety.

(120) "Sex Offender Registry" means a registration system for adults or youthful offenders who have committed a sex crime and have been tried and sentenced as adults.

(121) "Sexual abuse" means the behavior described in 28 C.F.R. § 115.6.

(122) "Sexual offender" is defined by KRS 17.500(9).

(123) "Shift log" means a written record that documents routine information, emergency situations, and unusual incidents.

(124) "Special incident" is defined by 500 KAR 13:020.

(125) "Special Management Plan" means a specific therapeutic intervention for an identified juvenile to work through difficult treatment issues and develop personal behavior management skills without disrupting the treatment culture of the overall program.

(126) "Staff secure" is defined by KRS 600.020(64).

(127) "Staff-secure shelter" means short-term, 24-hour custodial care for a juvenile in a staff secure setting.

(128) "Status offender" means a juvenile who is accused of committing acts, which if committed by an adult, would not be a crime.

(a) Status offenses shall include:

Beyond the control of school or beyond the control of parents;
Habitual runaway;
Habitual truant; and
Alcohol offenses as provided in KRS 244.085.

(b) Status offenses shall not include violations of state or local ordinances which may apply to children such as a violation of curfew.

(129) "Step-down" means transition of a juvenile from a higher placement level to a lower placement level.

(130) "Step-up" means transition of a juvenile from a lower placement level to a higher placement level.

(131) "Strip search" means a search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks, or genitalia.

(132) "Time out" means the temporary removal of a juvenile from general programming in order for the juvenile to be given a chance to regain control of their behavior.

(133) "Track" means out-of-home timeframes dependent upon type of offense per KRS 15A.0652.

(134) "Treatment team" means department staff and professionals who work collaboratively to assist and aid the juvenile in achieving goals.

(135) "Unescorted day leave" means the authorized absence from the detention center into the community for a period of less than 24-hours without escort or supervision, or under escort and supervision of anyone other than the detention center staff, and may be referred to as furlough by the court system.

(136) "Unfounded" means the charges are false or the employee was not involved in the incident.

(137) "Unit restriction" means restricting a juvenile to a specific program area.

(138) "Work detail" means daily work and chore assignments related to housekeeping, maintenance of the facility or its grounds, or personal hygiene needs.

(139) "Work experience program" means an organized work training program offered as a component of the educational or career and technical programming with an emphasis on instruction and evaluation rather than task accomplishment.

(140) "Work release" means approved day leave for a juvenile to participate in employment.

(141) "YDC" means youth development center.

(142) "Youth" means a person who is under the custody, control, or supervision of the Department of Juvenile Justice, as a result of a court order or interstate supervision.

(143) "Youth Activity Fund Account" means the financial account holding money owned by the current juvenile population through individual juvenile funds earned through allowance and work experience and money held for the benefit of the juvenile population obtained through work projects, sales of articles produced by juveniles, and private donations.

(144) "Youth Activity Funds" means a sub-ledger of the youth activity fund account that is comprised of donations, profit from work projects, and vending machine commissions and shall solely be used for benefit of the juveniles including group social and recreational pursuits of the juveniles.

(145) "Youth Counselor" means the department staff who is responsible for coordinating treatment within a day treatment, group home, youth development center, or detention facility.

(146) "Youthful offender" is defined by KRS 600.020(72).

History

RELATES TO: KRS 15A.065, 15A.067, 15A.305, 200.080-200.120, Chapters 600-645, 500 KAR 13:020
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.305, 158.281, 200.115, 197.045, 605.035, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.305(5), 605.150, 635.095 and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation defines terms used in 505 KAR Chapter 1.
History: 25 Ky.R. 1485; 1872; eff. 2-18-1999; 30 Ky.R. 423; 864; eff. 10-31-2003; Crt eff. 3-13-2019; 49 Ky.R. 2365; 50 Ky.R. 834; eff. 3-5-2024.

505 KAR 1:050 Local juvenile delinquency prevention councils: formation procedure {#sec-505-kar-1-050 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:050}

Section 1. Council Membership.

(1) A council encompassing a city of the first class or an urban county government shall include, in addition to those persons designated in KRS 15A.300(2):

(a) The county judge executive or his representative; or

(b) The mayor or his representative.

(2) Councils may include members representing groups or individuals interested in juvenile delinquency and prevention not specified in KRS 15A.300(2) or subsection (1) of this section, including:

(a) Juvenile justice agencies;

(b) Religious organizations;

(d) Nonprofit organizations;

(e) Social service organizations involved in juvenile crime prevention;

(f) The business community;

(g) Youth organizations;

(h) Local government;

(i) Mental health agencies; and

(j) Interested citizens.

(3) If the group seeking to establish or certify a council represents more than one (1) county, proposed council membership shall reflect representation from all participating counties. Representation from each participating county in each mandatory area shall not be required.

(4)

(a) Council membership shall not exceed eighteen (18) members unless:

The group seeking designation as a council is an existing group with existing membership that exceeds eighteen (18); or
The group demonstrates that additional members are needed to provide adequate representation of interested and involved individuals and entities.

(b) A group seeking to expand council membership beyond eighteen (18) shall submit a letter to the commissioner explaining why the membership should be expanded.

Grant a waiver if the group demonstrates that additional members are needed to provide adequate representation of interested and involved individuals and entities; and
Submit a written decision to the applicant group within thirty (30) days of initial application.

(5)

(a) The Juvenile Justice Advisory Board may appoint one (1) or more of their members to serve as ex officio members of a local council.

(b) An ex officio member shall not be included in determining the size of the council under subsection (4) of this section.

Section 2. Council Formation, Approval and Continuation.

(1) Recommended names and addresses of individuals and entities who have agreed to serve on the council shall be submitted to the regional director.

(2) The regional director shall verify that the proposed council meets the representation requirements established by KRS 15A.300(2) and this administrative regulation, and shall submit the verified list of proposed council members to the commissioner for final approval.

(3) The commissioner shall certify approval of each council and its representatives. Individual council members approved by the commissioner shall receive a commission designating the term of appointment.

(4) For a newly formed council, initial appointments shall provide for staggered terms of two (2), three (3), or four (4) years. Members appointed thereafter shall serve for a term to be recommended by the council and approved by the commissioner, in accordance with KRS 15A.300(2). Appointments for elected officials shall expire if the term of office for which the official was elected expires during the term of his appointment to the council. For a newly formed council, the initial chairperson shall be appointed by the commissioner for a term of two (2) years.

(5) The recommendations for appointment of new or existing individual council members after the initial certification of the council shall be made by the membership of the council. The recommendations shall include length of term. The recommendations shall be forwarded to the commissioner for approval.

(6) The chair shall be elected by the council membership after the initial certification of the council. The chair shall serve a term of two (2) years.

History

RELATES TO: KRS 15A.300
STATUTORY AUTHORITY: KRS 15A.300(7)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.300 requires the Department of Juvenile Justice to promulgate administrative regulations that relate to the formation, operation and duties of local juvenile delinquency prevention councils, as well as the administration and operation of the grant programs operated in conjunction with the local juvenile delinquency prevention councils. This administrative regulation sets forth the procedure for forming councils.
History: 25 Ky.R. 1486; 1874; eff. 2-18-1999; 30 Ky.R. 424; 864; eff. 10-31-2003; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 1:060 Local juvenile delinquency prevention councils: operation and duties {#sec-505-kar-1-060 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:060}

Section 1. The Operation of Councils.

(1) Each council shall submit proposed by-laws to the commissioner for review and approval. The by-laws shall:

(a) Create offices and committees as the council deems necessary;

(b) Specify the qualifications, method of selection, and term for each office created; and

(2) The council shall meet at least four (4) times each calendar year.

(3) Meetings shall be open to the public and the council shall be subject to open meetings and open records laws.

(4) Minutes shall be taken at council meetings, and shall be forwarded to the commissioner within thirty (30) days of the meeting date.

(5) Each council shall submit the following to the commissioner:

(a) The resource identification and needs assessment and comprehensive plan, as required by Section 2 of this administrative regulation;

(b) By September 1 of each year, an annual report to include a review of the status of the comprehensive plan and the activities of the council for the prior fiscal year, as provided in Section 2 of this administrative regulation.

Section 2. Duties of Councils.

(1) Each council shall:

(a) Conduct a resource identification and needs assessment every four (4) years. The assessment shall include the collection and analysis of data and a comprehensive review of services available to the community in order to identify local community strengths and needs. The analysis shall identify and discuss barriers to accessing services. The resource identification and needs assessment shall address the following areas:

The existence of or need for alternatives to secure detention;
The risk and protective factors evident in the local community;
The impact of gangs on the local community;
Educational and school related needs;
Gender specific services available for the prevention and treatment of delinquency;
Community safety needs;
Substance abuse education and treatment needs;
Mental health services needs;
Early childhood prevention programs; and
Overrepresentation of minority youth in the juvenile justice system.

(b) Develop a comprehensive plan based upon the resource identification and needs assessment conducted under this subsection in order to capitalize on the local community strengths identified, and to address the needs and service gaps identified. The following information shall be included in the comprehensive plan for each identified need:

A statement of the identified need;
A proposed plan of action to address the identified need;
Expected outcomes; and
Technical assistance needed to accomplish the proposed plan.

(2) If a newly certified council is a previously existing group that already has a comprehensive plan, the council may submit the existing plan to the commissioner for review. If the commissioner determines that the existing plan adequately addresses delinquency and prevention issues, and that it provides clear goals, action plans, and measurable outcomes, the commissioner shall approve the existing plan, even though the plan does not meet the specific requirements established in subsection (1) of this section. A council submitting a plan for review under this paragraph shall also submit a status report that includes a proposed budget and funding sources for programs or plan elements already in operation. The planning cycle for an alternative plan approved by the commissioner under this subsection shall not exceed four (4) years from the time of its initial adoption by the council. Subsequent plans submitted by a council initially operating under an alternative plan shall meet the requirements established in subsection (1) of this section.

(3) If the commissioner determines that it is in the best interest of the local community, he may authorize a council, in its first year of operation, to conduct an abbreviated resource identification and needs assessment and to file a plan covering less than four (4) years. A council that receives written authorization to conduct an abbreviated assessment or file a plan covering less than four (4) years shall be eligible to apply for and receive grant funding in accordance with subsection (4) of this section.

(4) A council shall not be eligible to apply for or receive grant funding from the department until the resource identification and needs assessment and four (4) year plan or alternative plan has been filed with and approved by the commissioner. For the remaining three (3) years of each planning cycle, the council shall file an annual report with the commissioner, which shall include:

(a) A summary of the status of each plan of action identified in the comprehensive plan;

(b) Comprehensive plan revisions; and

(5) Councils shall enter into written local interagency agreements as specified in KRS 15A.300(3)(b). Copies of these agreements shall be included as a part of the comprehensive plan.

(6) A council may apply for and receive public or private grants in accordance with KRS 15A.300(3)(d).

(7) Councils shall foster the sharing of information in accordance with KRS 15A.300(3)(c).

(8) Councils shall provide a forum as specified in KRS 15A.300(3)(e).

History

RELATES TO: KRS 15A.300
STATUTORY AUTHORITY: KRS 15A.300(7)(b), (c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.300 requires the Department of Juvenile Justice to promulgate administrative regulations that relate to the formation, operation and duties of local juvenile delinquency prevention councils, as well as the administration and operation of the grant programs operated in conjunction with the local juvenile delinquency prevention councils. This administrative regulation relates to the operation and duties of these councils.
History: 25 Ky.R. 1488; 1875; eff. 2-18-1999; 30 Ky.R. 425; 865; eff. 10-31-2003; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 1:070 Local juvenile delinquency prevention councils: Community Juvenile Justice Partnership Grant Program {#sec-505-kar-1-070 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:070}

Section 1. The Community Juvenile Justice Partnership Grant Program.

(1) To the extent funds are available, the department shall operate the Community Juvenile Justice Partnership Grant Program for the purpose of offering grant funding to local communities to support the development of prevention programs, projects and systems identified by a council through the local community planning process.

(2) The department shall offer several types of grants, including formula grants, competitive grants, and grants of limited scope that focus on specific programs, issues, or geographic locations.

(3) In order to meet grant eligibility requirements, a council shall:

(a) Be in compliance with membership requirements established in 505 KAR 1:050;

(b) Have designated a public agency to administer the grant; and

Approved comprehensive or alternative plan, resource identification, and needs assessment;
Current required reports and filings; and
Copies of interagency agreements entered into pursuant to KRS 15A.300(3)(b).

(4) A solicitation issued under the Community Juvenile Justice Partnership Grant Program shall be issued by the department through the local councils. A solicitation shall include:

(a) A complete description of the program;

(b) The problem or need to be addressed by the program;

(d) The dollar amount available;

(e) The duration of program;

(f) Eligibility criteria;

(g) Program application requirements;

(h) Procedures and criteria for selection;

(i) Audit requirements; and

(j) Submission requirements.

(5) A response to a solicitation shall be submitted initially to the local council for review, unless the solicitation specifically requires the proposal to be submitted directly to the department. The council shall review each proposal submitted to it to determine the extent to which the proposal addresses a need identified in the council's plan and the extent to which the proposal meets the requirements established in the solicitation.

(a) Each council shall develop a written process for reviewing and ranking proposals. The review shall include:

The extent to which the proposal meets the needs identified in the council's plan;
The degree to which diverse groups are involved in the program;
The existence of interagency agreements;
The number of youth to be served by the program; and
The likelihood that the program can be replicated.

(b) The council shall submit the ranked proposals along with the ranked list, and a recommendation for funding to the department.

(c) Council members who are affiliated with an agency, public or private, which is applying for Community Juvenile Justice Partnership Grant funds, shall not participate in the review, ranking, or funding recommendations for a group of proposals that includes a proposal submitted by the affiliated agency. A council member is affiliated if he or she or an immediate member of his or her family is an employee or board member of the agency submitting the proposal.

(6) The department shall review the proposals submitted and the recommendations of the council. The department shall present the recommendations of the council and recommendations of the department to the Juvenile Justice Advisory Board for review. The final funding decision shall be made by the commissioner.

(7) The department, or its designee, shall monitor and audit grants and subgrants awarded under the Community Juvenile Justice Partnership Grant Program.

(8)

(a) The department shall make awards directly to the administering agency or grant recipient.

(b) The award notification shall include a list of subgrants to be funded, and the amount of funding for each subgrant.

(c) The administering agency shall notify subgrant award recipients in writing of the subgrant within ten (10) days of the administering agency's receipt of the grant award notification from the department.

(d) The subgrant award recipient shall accept the subgrant award in writing within ten (10) days of the receipt of the subgrant award notice from the administering agency.

(e) The administering agency shall notify the department of its acceptance of the grant award within thirty (30) days of receipt of the grant award notice.

(9) A Community Juvenile Justice Partnership Grant or subgrant shall be awarded for an initial twelve (12) month period. To receive continuation funding, a grantee or subgrantee shall submit a continuation proposal. Funding after the initial year shall be contingent upon the project meeting the goals identified in the proposal and the availability of funds. A project shall not be funded for more than forty-eight (48) months.

History

RELATES TO: KRS 15A.300
STATUTORY AUTHORITY: KRS 15A.300(7)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.300 requires the Department of Juvenile Justice to promulgate administrative regulations for the formation, operation and duties of local juvenile delinquency prevention councils, and for the administration and operation of the grant programs operated in conjunction with the prevention councils. This administrative regulation relates to the administration and operation of the grant programs.
History: 25 Ky.R. 1490; 1876; eff. 2-18-1999; 30 Ky.R. 427; 866; eff. 10-31-2003; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 1:080 Kentucky Educational Collaborative for State Agency Children {#sec-505-kar-1-080 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:080}

Section 1. Definitions.

(1) "Average daily membership" means the average number of state agency children on the KECSAC designated child count days.

(2) "Department" means the Department of Juvenile Justice.

(3) "Educational administrative staff" means a principal, assistant principal, supervisor, coordinator, director, pupil personnel worker, or guidance counselor employed or contracted by the Kentucky Educational Collaborative for State Agency Children to provide education services.

(4) "Extended school calendar" means 230 school days, of which at least 210 shall be instructional days and the remainder shall be determined by the local school district, as required in KRS 158.070. It is recommended that three (3) of the noninstructional days be used for professional development designed for state agency children teachers.

(5) "Individual education program" or "IEP" means the written statement that meets the requirements of 707 KAR 1:320 for state agency children identified as a child with an educational disability as governed by 707 KAR 1:002.

(6) "Individual plan of instruction" or "IPI" means the instructional plan required for state agency children not identified as having educational disabilities established in 707 KAR 1:002.

(7) "Individual treatment plan" or "ITP" means a social and behavioral intervention plan, including the plan for educational instruction, that is developed for each state agency child being served by a Program.

(8) "KDE" means the Kentucky Department of Education.

(9) "KECSAC" means Kentucky Educational Collaborative for State Agency Children.

(10) "Local school district" means the school district where a state agency child is provided educational services.

(11) "On-site state agency school program" means a school program operated on the campus of a residential facility or day treatment program.

(12) "Program" means a state operated or contracted institution or facility, including day treatment facility, that is responsible for safety, security, and meeting the educational needs of a state agency child.

(13) "Program director" means the administrator at a Program that is responsible for the safety and security of youth and staff and the operation of the Program.

(14) "Rated capacity" means the capacity of the program as determined by the Cabinet for Health and Family Services or the Department of Juvenile Justice in the Justice and Public Safety Cabinet.

(15) "School" means the site where the educational program for state agency children is provided.

(16) "School administrator" means the lead teacher, principal, or lead educator designated by the local district or by KECSAC to be responsible for the operation of the daily education program, and may be the program director of a facility, if the program director has appropriate educational certification.

(17) "State agencies" means the Department of Juvenile Justice (DJJ), the Justice and Public Safety Cabinet, and the Cabinet for Health and Family Services (CHFS).

(18) "State agency children" or "SAC" is defined by KRS 158.135(1)(a).

(19) "State agency children's fund" means appropriations to support KRS 158.135 previously known as out-of-district funds.

(20) "Teacher preparation" means those courses provided by a public or private college or university that lead to teacher certification.

(21) "Therapeutic foster care state agency child" means a youth in therapeutic foster care as defined by KRS 158.135(1)(c).

(22) "Treatment" means the total array of services utilized to produce a positive change in a child served by a Program.

Section 2. Governance.

(1) An interagency advisory group for KECSAC, composed of representatives of the state agencies, KDE, the State Agency Children School Administrators' Association and a superintendent from a school district that provides education to SAC, shall provide recommendations for policy and procedure development. The interagency advisory group shall meet, at a minimum, biannually.

(2) Contracting procedures.

(a) The department shall contract with a university training resource center for the establishment of KECSAC. KECSAC shall be responsible for the oversight or administration of state and federal education funding and the provision of educational services to state agency children. KECSAC shall be financed by the state agency children's fund. KECSAC shall have knowledge and experience in the following:

Appropriate statutes and administrative regulations related to Kentucky's system of schools;
State and federal statutes pertaining to youth with educational disabilities, e.g. Individuals with Disabilities Education Act, 20 U.S.C. 1400 through 1450, as amended,, and Section 504 of the Rehabilitation Act, 29 U.S.C. 794;
Kentucky Unified Juvenile Code, enacted as KRS Chapters 600 through 645, and the operation of agency programs for juvenile offenders, status offenders and dependent children; and
Research regarding the education of at-risk, incarcerated and difficult to motivate youth.

(b) KECSAC shall plan programs and state agency children's fund budgets cooperatively with the state agencies, KDE and local school districts providing programs to state agency children. Local school districts shall be notified of projected funding levels by KECSAC by December 1, for the following school year.

(c) The KECSAC annual applications to the department shall constitute the biennial plan. The applications shall contain educational goals and objectives for the biennium for which funding is requested. The goals and objectives shall be consistent with appropriate statutes and administrative regulations related to the system of common schools and the mandates of the Individuals with Disabilities Education Act. The educational goals and objectives shall be compatible with and complementary to the treatment goals for state agency children. The application shall also include strategies for enhancing teacher preparation and professional development for teachers in local districts serving SAC.

(d) KECSAC, with the cooperation of the state agencies and KDE, shall develop written procedures for the operation of the state-wide education system for state agency children.

(3) Staffing.

(a) Teachers and other educational staff shall be employed or contracted by a local school district.

If the local school district is not willing to participate in providing the educational personnel for the state agency children in a Program for the extended school calendar of this administrative regulation, KECSAC shall:

a. Be notified in writing by that local school district of the school district's intent not to provide an extended school calendar at least two (2) years prior to the date that the school district plans to stop providing an extended school calendar; and

(i) Contract with another school district for educational staff; or

(ii) Contract or employ teachers or educational administrative staff.

When filling a teacher or an educational administrative staff vacancy in a state-operated or contracted facility, the local school district or KECSAC shall provide the state agency program director an opportunity to interview prospective new teachers or educational administrative staff for the on-site state agency school program. The state agency program director shall provide the local school district with interview results regarding the applicant's suitability for teaching in the on-site state agency school program.

(b) Educational administrative staff and teachers employed or contracted by KECSAC to provide educational services for the extended school calendar shall meet Kentucky education certification requirements and shall be evaluated. KECSAC shall evaluate all KECSAC staff employed by the contracted university.

(d) Each on-site state agency school program shall designate a school administrator.

(e) Education staff employed or contracted by KECSAC to provide educational services for the extended school calendar shall be compensated at rates at least commensurate with public school employees with comparable qualifications, experience and assignments in the school district where the Program is located.

(f) On-site state agency school programs shall have sufficient teachers as specified in 707 KAR 1:350 with appropriate certification to serve youth identified with educational disabilities in accordance with 707 KAR 1:002 and 707 KAR 1:320.

(g) Other specific services identified in an IEP by the admission and release committee as needed for a youth with educational disabilities may be accessed by KECSAC contracting for appropriate extended school calendar services. KECSAC shall comply with the administrative regulations relating to youth with disabilities as provided in 707 KAR Chapter 1. The extended school calendar may be modified if the SAC in therapeutic foster care are included in the school district's extended school program as approved by KECSAC.

(4) Policy application. Interagency agreements, including program goals and objectives, shall be developed between each local school district and treatment provider regarding their mutual responsibility for education and care of state agency children. This agreement shall be reviewed annually. If a conflict arises between the local agencies regarding the development or fulfillment of the interagency agreement by either party, it shall be resolved by KECSAC.

(5) Student eligibility. If a specific activity (e.g., football or debate) is not provided to youth in a state or private contracted agency program, the youth shall not lose eligibility to participate based on the requirements in 702 KAR 7:065. Eligibility shall be figured on a month-to-month basis (e.g., nine (9) months in a state agency facility without a formal football program shall leave nine (9) months of eligibility in a local school district). The eligibility period shall not exceed one (1) additional year. Other eligibility criteria shall be met by the youth.

Section 3. Finance.

(1) The amount of funds generated by state agency children under the Support Education Excellence in Kentucky (SEEK) Program as specified in KRS 157.360 for the guaranteed SEEK base and adjustments shall be sent to the school district providing education for state agency children to be used pursuant to Memoranda of Agreement (MOA) negotiated with KECSAC.

(2) Distribution of state agency children's funds shall be as follows:

(a) State agency children's funds shall be used to fund the Memorandum of Agreement with KECSAC.

(b) State agency children's funds may be used for educational services which benefit state agency programs in a collective manner.

(c) State agency children's funds may be used as matching funds if the match shall increase the amount of funds available to educate state agency children.

(d) After the items in paragraphs (a), (b), and (c) of this subsection have been funded, the remainder of the state agency children's fund appropriation shall be divided by the total number of state agency children to be educated. The resulting per pupil amount shall be allocated for each state agency child.

(3) KECSAC shall be considered the same as a school district for the generation, application, distribution and accountability of state and federal funds, other than SEEK, available to educate on-site state agency school children.

(4) An annual memorandum of agreement shall be negotiated between KECSAC and each school district providing education to state agency children. The MOA shall be signed and returned to KECSAC within ninety (90) days of issuance. KECSAC may decrease funding by quarterly increments for noncompliance with the submission deadline. Attachments shall include the state approved budget format. All funds expended for SAC shall be included in the annual school audit. An itemized budget shall be part of the MOA. State agency children's fund distribution shall be based upon SAC average daily membership (ADM) or rated capacity.

(a) Noncompliance with the MOA provisions may result in decreasing SACF allocation as determined by KECSAC. The withholding of funds shall be temporary provided that the school district becomes compliant by the end of the fiscal year.

(b) For a new or expanded program, the state agency children's fund shall be allocated based on the rated or licensed capacity if opened during the first three (3) quarters of the fiscal year. A program opened or expanded during the last quarter of the fiscal year shall receive funding based on the rated or licensed capacity for the initial fifteen (15) months of operation. A new or expanded program may be funded at a lower per-pupil amount based on availability of state agency children's funds.

(5)

(a) Each biennium, KECSAC, in consultation with the state agencies and KDE, shall submit a biennial budget plan benchmarked to the projected SEEK increase and projected set-aside to reimburse district's for excess cost.

(b) The state agency children's fund, as specified in KRS 158.135, shall be cost reimbursed to school districts biannually from KDE upon approval by KECSAC and the appropriate state agency.

(c) KECSAC shall develop a procedure by October 1, 1999, for school district's reimbursement of expenses exceeding twenty (20) percent of total amount received from state and federal sources to serve a state agency child.

(6) As part of the MOA with each local school district, KECSAC shall ensure the development of a plan for professional development of certified staff. A teacher or administrator new to a SAC on-site program shall attend Professional Development for New Educators. It is recommended that a SAC school program commit three (3) days of the extended school calendar for teacher participation in the KECSAC approved professional development events designed for SAC teachers. These three (3) days shall be in addition to the Professional Development for New Educators. The school district shall maintain an annual record of professional development for all school district employees in SAC on-site programs.

(7) A school district shall ensure that the SAC access all eligible federal and state funding (such as KETS Funding and Title I).

(8) An on-site SAC program shall have access to textbooks, instructional materials, technology, and equipment comparable to that available in the local school district.

(9) KECSAC shall obtain information from the Kentucky Department of Education and the Education and Labor Cabinet regarding all discretionary and entitlement state, federal and miscellaneous funding opportunities available to local school districts and file applications or reports necessary to procure and use funds for the education of state agency children.

(10) If a state agency plans to open or contract for a new program or to expand an existing SAC program during a biennium, the state agency shall notify KDE and KECSAC by April 1 of the first year of the biennium regarding the projected number of youth to be educated in the new or expanded program.

(11) If youth age sixteen (16) through twenty (20) years enter with or receive a GED while attending a state agency program, that youth shall continue in the state agency program for further academic and vocational training and continue to generate SEEK funds. State agency children funds may be used to:

(a) Support a GED preparation program; or

(b) Educate GED and high school graduates.

(12) The state agencies, the Kentucky Department of Education, the Education and Labor Cabinet, and other appropriate agencies shall develop and review annually an interagency agreement defining services and financial responsibilities of each state and local agency providing educational services for state agency children. The agreement shall include procedures for resolving interagency disputes.

(13) If a dispute arises between KECSAC and a local school district that cannot be resolved by the parties, the dispute shall be submitted, for resolution, to the interagency advisory group by written request of either party. The request shall identify in detail the issue in dispute. The interagency advisory group shall schedule a meeting with the parties, during which each party shall explain its position. The interagency advisory group shall render a written report and recommendation to the commissioner of the department responsible for the program in dispute within fifteen (15) days of the meeting. The commissioner shall render a written decision resolving the dispute within fifteen (15) days of receiving the recommendation from the interagency advisory group.

Section 4. Operations.

(1) School options for state agency children with an IEP shall be planned, if not restricted by treatment needs, using the least restrictive environment based on specific child needs. Additional days beyond the school year shall take place either at the local public school or on the state agency program site. If the state agency child is not restricted to the treatment site for security purposes, the continuum from least restrictive to most restrictive alternatives shall be as follows:

(a) A program for state agency children may send all of its children to be educated in the local public school where children in the local public school district are assigned or where their IEP indicates placement.

(b) A program for state agency children may send some of its children to be educated in the local public school as in paragraph (a) of this subsection and have on-site state agency school option for other children.

(c) A program for state agency children may have an on-site state agency school for all children due to reasons necessary for the conditions of placement in the state agency program.

(2) Assessments.

(a) The local school district shall complete an informal academic assessment of the educational needs of all SAC, and vocational needs of SAC aged fourteen (14) and up or in eighth grade and above, within the first thirty (30) days after admission to on-site programs. Educational goals and objectives shall be consistent with goals specified in each youth's individual treatment plan.

(b) If the youth is suspected to have an educational disability as governed by 707 KAR 1:002, 707 KAR 1:300, and 707 KAR 1:320, assessments shall be administered, following required due process procedures.

(3) In a school district providing educational services, local school district staff shall coordinate the completion of the required individual education program pursuant to 707 KAR 1:002 and 707 KAR 1:320.

(4) Instructional services.

(a) The teacher pupil ratio for on-site state agency school programs serving state agency children shall average, based on annual average daily attendance, no more than ten (10) students to one (1) teacher without a classroom aide and fifteen (15) students to one (1) teacher with a classroom aide. A classroom that exclusively serves students with the educational disabilities shall comply with teacher pupil ratios as specified in 707 KAR 1:350, Section 2.

(b) By the 30th school day after admission to a school program, an individual plan of instruction shall be developed by the school district for state agency children not identified with a disability. The individual plan of instruction shall be developed in coordination with the ITP. If a youth is determined to have an educational disability, the IEP requirements as governed by 707 KAR Chapter 1 shall suffice. The IPI shall be in a standardized format, as determined by the KECSAC Interagency Advisory Group.

(d) A state agency child reading at two (2) or more years below the appropriate grade level, as measured by an educational assessment tool, shall be provided developmental reading, listening and writing instruction.

(5) Accountability.

(a) The assessments and portfolios of state agency children shall be governed by 703 KAR 5:070.

(b) An accountability system shall be designed by KECSAC for state agency children school programs. The memorandum of agreement which shall include quality of educational services shall be monitored, at a minimum, in conjunction with KDE's IDEA monitoring cycle. Noncompliance with the MOA may result in reduction, elimination, or recoupment of the district's reimbursement from the state agency children's fund as determined by KECSAC.

(c) If required by the state agency, the SAC school programs shall be in compliance with accreditation standards of the respective professional accrediting association of that state agency.

(6) Transition.

(a) KECSAC shall ensure that transition procedures for SAC moving from the state agency education program to the next instructional or vocational setting are being implemented. Educational staff at an on-site program shall participate in the transition process.

(b) The transition planning to a postschool setting shall comply with the transition plan and service requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 through 1450, as amended, and 707 KAR Chapter 1 for students with educational disabilities.

(c) KECSAC shall design and implement a system of educational data collection and information dissemination in order to improve the quality of educational delivery for SAC.

(d) The last school or school district a state agency youth attends prior to placement in a state agency program shall be responsible for forwarding the educational records to the state agency program within five (5) school days of receipt of the request.

(e) The school administrator shall ensure that the educational records of state agency children are forwarded to the receiving school within five (5) school days following the release of the youth from the Program.

History

RELATES TO: KRS 158.135, 158.137, 605.110
STATUTORY AUTHORITY: KRS 158.135, 605.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 605.110(3) requires that children maintained in a facility or program operated or contracted by the Department of Juvenile Justice or the Cabinet for Health and Family Services shall, so far as possible, receive a common school education. KRS 605.110(3)(d) requires the department to promulgate administrative regulations governing the education of state agency children. This administrative regulation establishes requirements governing the Kentucky Educational Collaborative for State Agency Children.
History: 25 Ky.R. 2985; 26 Ky.R. 604; eff. 10-11-1999; 45 Ky.R. 2460; 2895; eff. 5-3-2019; TAm eff. 12-14-2022; Crt eff. 5-1-2026.

505 KAR 1:090 Supervised placement revocation {#sec-505-kar-1-090 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:090}

Section 1. Definitions.

(1) "Commissioner's warrant" means a document issued by the department directing that a juvenile be taken into custody, pursuant to KRS 635.100.

(2) "Safety concern" means behavior that places the juvenile or community at risk for physical injury.

(3) "Supervised placement revocation hearing" means a hearing conducted by a hearing officer to determine if conditions of supervised placement have been violated.

Section 2. Request for Supervised Placement Revocation.

(1)

(a) A juvenile that is arrested or charged with commission of a felony offense shall:

Be considered a risk to the community; and
Have supervised placement revocation initiated by the assigned juvenile services worker.

(b) If the juvenile services worker knows of extenuating circumstances related to the juvenile's behavior or the offense, they may request through the chain of command that the juvenile services regional manager authorize the noninitiation of revocation proceedings.

(2) In the case of a youth requiring immediate placement as a result of safety concern:

(a) The juvenile services worker shall prepare and forward a supervised placement violation report and a written statement supporting the request for the issuance of a commissioner's warrant to his juvenile services district supervisor.

(b) If in agreement with the juvenile services worker's assessment, the juvenile services district supervisor shall forward the request to the juvenile services regional manager who, if in agreement, shall issue a commissioner's warrant and shall forward the request to the Division of Program Services.

(c) The juvenile services worker shall immediately notify the Division of Program Services when the commissioner's warrant is executed and forward a copy of the executed document to the Division of Program Services.

(d) The Director of the Division of Program Services, or designee, shall, upon receipt of a request for immediate placement, contact the Centralized Intake/Classification Branch Manager and inform her of the pending action and, upon notice that the juvenile has been taken into custody, shall:

Schedule a probable cause hearing within five (5) days, excluding weekend and holidays, of the youth being taken into custody, unless a continuance is requested by the juvenile or his attorney;
In writing, notify the juvenile, his parents or other person exercising custodial control of the specific conditions of supervised placement allegedly violated and forward a copy of the notification letter to appropriate department personnel;
Notify the juvenile, his parents or other person exercising custodial control of his right to be represented by counsel;
Forward a copy of the notification letter to the last attorney of record, counsel for the juvenile, or the Department of Public Advocacy, as appropriate;
Notify the juvenile, his parents or other person exercising custodial control, attorney and the juvenile services worker of the time and location of the hearing; and
Conduct the hearing.

(e) The juvenile services worker, or current custodian of the juvenile, shall ensure that a copy of the notification letter signed by the juvenile is returned to the Division of Program Services.

(f) The juvenile services worker or the juvenile services district supervisor shall be responsible for presenting the case against the juvenile at the probable cause hearing. If the evidence presented includes documents, a copy of each document shall be given to the hearing officer for inclusion in the record and to the juvenile or his attorney.

(g) The probable cause hearing shall:

Be limited to a determination as to whether there is probable cause to believe that the juvenile violated any terms of the conditions of supervised placement, which may be proven by hearsay evidence, and whether there is a safety concern;
Have attendance limited to the juvenile, parents or other person exercising custodial control, legal counsel, department personnel, and witnesses as necessary;
Be conducted informally; and
Be mechanically recorded by the hearing officer.

(h) At the probable cause hearing, the juvenile shall have a right to:

Testify or refuse to testify in his own behalf;
Examine and cross-examine witnesses; and
Present evidence negating the determination of probable cause.

(i) At the conclusion of the probable cause hearing, the hearing officer shall:

Summarize the allegations and evidence presented and issue a decision determining whether there is probable cause to believe the juvenile has violated a condition of supervised placement;
If probable cause is found, determine whether there is probable cause to believe a safety concern exists that requires that the juvenile remain in custody; and
If probable cause has been established, provide immediate notice to the juvenile services regional manager, or designee, and the Division of Program Services.

(j) Upon receipt of notice that probable cause has been established, the Director of the Division of Program Services shall assign a hearing officer to conduct the revocation hearing.

(k) If probable cause is not established, the juvenile shall be immediately released from custody and the juvenile services worker shall make arrangements for the juvenile to continue on supervised placement.

(l) If probable cause is established but a safety concern is not present, the juvenile shall be released from custody and the proceeding shall continue pursuant to Section (3) of this section.

(3) In the case of a juvenile not requiring immediate placement as a result of safety concerns:

(a) The juvenile services worker shall prepare and forward a supervised placement violation report and revocation hearing request to the juvenile services district supervisor.

(b) If in agreement with the juvenile services worker's assessment, the juvenile services district supervisor shall forward the request to the juvenile services regional manager who, if in agreement, shall forward the request to the Director of the Division of Program Services, or designee. An out-of-home placement packet shall be forwarded by the Court/Placement Specialist to the Centralized Intake/Classification Branch.

Section 3. Revocation Hearing.

(1) The revocation hearing shall:

(a) For a juvenile in custody on a commissioner's warrant, be held within ten (10) days, excluding weekends and holidays, of the probable cause hearing, unless a continuance is requested by the juvenile or his attorney; and

(b) Be conducted by the assigned hearing officer.

(2) The hearing officer for the supervised placement revocation hearing shall:

(a) Notify the juvenile and his parents or other person exercising custodial control of the specific conditions of supervised placement allegedly violated and their right to be represented by counsel;

(b) Notify the juvenile, his parents or other person exercising custodial control, legal counsel, and department staff of the time and location of the hearing;

(c) Notify department staff that they shall, upon written request, provide copies of all revocation documents to the juvenile's attorney within five (5) working days of receipt of the request;

(d) Conduct the revocation hearing;

(e) Open the hearing by reading the terms of supervised placement allegedly violated, which shall set the parameters of the hearing;

(f) Administer the oath and take testimony from witnesses;

(g) Allow all parties to establish pertinent facts and circumstances relative to the allegations, bring witnesses, present evidence and question or refute any testimony or evidence presented, including the opportunity to cross-examine witnesses;

(h) Mechanically record the hearing;

(i) Based on a preponderance of the evidence presented at the hearing, determine whether the juvenile violated one (1) or more terms of his supervised placement; and

(j) Submit written findings of fact and a recommendation regarding revocation to the regional division director and the juvenile's attorney within three (3) working days of the conclusion of the hearing.

(3) The juvenile services worker or the juvenile services district supervisor who requested the hearing shall be responsible for presenting the department's case at the hearing. The juvenile services worker shall provide copies of documentation supporting the revocation request for entry into the record as evidence and shall be prepared to offer a recommendation as to appropriate treatment or sanctions. If the juvenile services worker plans to call witnesses to testify, it shall be the worker's responsibility to have the witnesses present for the hearing.

(4) If the hearing officer has determined that a violation has occurred, the regional division director, or designee, shall make the final decision regarding the results of the revocation hearing. Options may include the following:

(a) If the hearing officer determined that a condition of supervised placement has been violated and revocation is warranted, a decision may be made for out-of-home placement.

(b) If the hearing officer determined that a condition of supervised placement has been violated, the division director may determine that revocation is not warranted and permit the juvenile to remain in the community on supervised placement. If the juvenile remains in the community, the juvenile services worker shall prepare revised conditions of supervised placement, with increased sanctions, within five (5) calendar days from the receipt of the revocation hearing decision. Failure by the juvenile to abide by the revised conditions may result in a request for supervised placement revocation.

(5) If the hearing officer has determined that the juvenile did not violate a condition of supervised placement, the juvenile shall remain on supervised placement.

(6) The regional division director, or designee, shall cause a decision letter to be sent by certified mail, return receipt requested, to the juvenile, the parents or other person exercising custodial control, and the juvenile's attorney within five (5) working days of receipt of the hearing officer's findings of facts. The decision letter shall be copied to appropriate department staff. The decision letter shall contain:

(a) Specific conditions of supervised placement violated;

(b) Evidence relied upon in making the final decision; and

(7) If supervised placement is revoked, the juvenile shall be advised that a decision concerning treatment and placement shall be rendered by the Centralized Intake/Classification Branch Manager.

(8) A juvenile who has remained in custody during the revocation process shall be placed, to the extent possible, within ten (10) days, excluding weekends and holidays, following the final decision to revoke.

Section 4. Appeal. A juvenile aggrieved by the decision of the regional division director may, within ten (10) days, submit a written request for reconsideration to the Commissioner of the Department of Juvenile Justice. The request shall provide justification for the requested reversal and shall be no longer than two (2) written pages. The commissioner, or his designee, shall, within five (5) days, issue a final decision.

History

RELATES TO: KRS 605.090, 635.100
STATUTORY AUTHORITY: KRS 605.150, 635.095, 635.100(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 635.090 and 635.100(6) authorize the Department of Juvenile Justice to promulgate administrative regulations relating to juveniles committed to the department and placed on supervised placement. This administrative regulation establishes the procedures for revocation of supervised placement.
History: 26 Ky.R. 1866; 2236; eff. 6-12-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 1:100 Admissions {#sec-505-kar-1-100 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:100}

Section 1. Admission to a Juvenile Detention Center.

(1) The agency or individual presenting a juvenile at a secure detention facility shall provide documentation authorizing detention or the juvenile shall not be accepted for admission.

(2) A juvenile with a serious physical injury or medical condition requiring skilled nursing care or who reports or appears to be under the influence of a drug or alcohol shall be denied admission until seen by a medical professional and determined to be medically stable.

(3) A juvenile may be housed to best accommodate their medical needs, if possible.

(4) Juveniles shall be housed so as to reduce known risk factors, including proximity and interaction with co-defendants and others with whom they have emergency protective or other no-contact orders, security threat group assessments, suicide risk, and assaultive and disruptive behavior, and meet identified developmental and individual needs.

(5) Until a plan outlined in Section 6 of Senate Bill 162 enacted during the 2023 Regular Session is operational, DJJ shall continue to operate under the current emergency structure, and shall operate at least one female only detention facility and for male youth, DJJ shall operate both high-security detention facilities and low-security detention facilities.

(a) The high-security detention centers shall house juveniles fourteen (14) years of age or older that are accused of having committed a Class C felony. The offense allegations for juveniles charged with a Class D felony may be reviewed for concerns of violence and placement in a high-security detention center.

(b) The low-security detention centers shall house juveniles thirteen (13) years of age or younger that are accused of having committed a Class C felony or above and all juveniles that are accused of having committed a Class D felony or below, except as provided in paragraph (a) of this subsection.

(6) DJJ may determine and designate the detention center in which a juvenile will be detained based on multiple factors such as safety, security, staffing needs, and the fluctuating number of juveniles and capacities at different locations, and known risk factors, including proximity and interaction with co-defendants and others with whom they have emergency protective or other no-contact orders, security threat group assessments, suicide risk, and assaultive and disruptive behavior, and meet identified developmental and individual needs.

(7) DJJ may transfer a juvenile initially placed at a low-security detention center to a high-security detention center if the juvenile has:

(a) Injured or endangered the life or health of self, another juvenile, or staff at the detention center;

(b) Caused disruption in a detention center;

(d) Escaped from a detention center;

(e) Established a pattern of disruptive behavior not conducive to the operations and procedures of a low-security detention center;

(f) A medical issue; or

(g) Another factor that causes an operational or security issue that can be addressed by the transfer.

(8) DJJ may transfer a juvenile initially placed at a high-security detention center to a low-security detention center if the juvenile has:

(a) A special vulnerability, for example, small stature or low weight compared to other juveniles in the facility;

(b) A medical issue; or

Section 2. Placement of Committed Juveniles.

(1) Juveniles committed or sentenced to the Department of Juvenile Justice shall be assessed and placed based upon the least restrictive environment within which the juvenile's treatment needs can safely be met, identifying special needs of a juvenile, and identifying the level of structure and supervision required by a juvenile subject to bed availability.

(2) A juvenile shall be placed according to the classification procedures listed in the Classification and Placement Manual.

Section 3. Juvenile Rights. A written list of rights shall be provided to each juvenile during the admission process and signed by the juvenile. The following rights shall be afforded to all juveniles:

(1) Juveniles shall have the right of access to the courts and confidential contact with attorneys.

(2) Juveniles shall be free from discrimination based on race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status in making administrative decisions and providing access to programs.

(3) The juvenile and parents or guardians shall be involved in the treatment planning process to the maximum extent possible.

(4) The juvenile's records shall be confidential.

(5) Audiovisual or tape recordings used as a part of the juvenile's treatment shall only be used for teaching or therapy purposes with written permission from the juvenile and parents or guardians.

(6) Juveniles may participate in research studies approved by the Commissioner's Office with prior written informed consent of the juvenile and parents or guardians.

(7) Juveniles shall be treated in a humane manner and shall have the right to be protected from exploitation, neglect, and physical, sexual, and emotional abuse. This shall prohibit corporal punishment, intentional injury, use of intimidation, threatening, or abusive language toward the juvenile, either verbally, in writing, or by gesture. Any suspected abuse or neglect of a juvenile shall be reported in accordance with KRS 620.030.

(8) An academic and vocational program to meet an individual juvenile's needs shall be provided.

(9) Each juvenile detention center, youth development center, and group home shall designate space and time frames for juveniles to voluntarily participate in religious activities. Religious practices that pose a danger to the juvenile, other juveniles, or staff, or that create a danger to the security of the facility shall be prohibited.

(10) Juveniles shall have the right to refuse to participate in uncompensated work assignments unless the work is related to housekeeping or maintenance of the facility or personal hygienic needs, or the work is part of an approved vocational or training program.

(11) Access to medical, dental, and mental health care including twenty-four (24) hour emergency medical services shall be provided for juveniles in juvenile detention centers, youth development centers, and group homes.

(12) Living units shall have adequate lighting, heat, ventilation, and an overall safe environment maintained in compliance with state and local fire and safety laws and regulations.

(13) Juveniles shall be afforded daily opportunity for personal hygiene.

(14) Three meals a day and two snacks shall be provided to each juvenile in residential facilities. Special diets shall be provided when necessary to meet health or religious requirements.

(15) Juveniles shall be afforded the opportunity for a sufficient night's sleep in residential facilities.

(16) Juveniles shall be informed of the right to file a grievance.

(17) Juveniles shall be informed of the procedures for contacting outside investigative units to report any act in which the health or welfare of a resident is harmed or threatened with harm by a facility staff person. The juvenile shall sign an acknowledgment of receipt of these procedures.

(18) Telephones programmed to dial directly to the Internal Investigations Branch shall be installed and kept in good working order in each residential facility. A toll-free number for contacting the IIB shall be available and conspicuously posted in juvenile access areas of group homes and detention facilities. Telephones shall be located in areas that provide maximum availability while preserving program scheduling and services.

(19) Juveniles may also report allegations of dependency, abuse, neglect, and special incidents to the Cabinet for Health and Family Services.

Section 4. Out-of-State Placement. Referrals for out-of-state placement may be initiated if there are no resources within Kentucky to meet the juvenile's specific treatment needs.

Section 5. Incorporation by Reference.

(1) The "Classification and Placement Manual", Amended 2/11/19, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Juvenile Justice, Office of the Commissioner, 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky 40601, or at any department field office, Monday through Friday, 8 a.m. to 4:30 p.m. This material may be obtained from the Department of Juvenile Justice Web site at https://djj.ky.gov/About%20DJJ/Pages/lrcfilings.aspx.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.069, 15A.160, 15A.305, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.069, 15A.160, 15A.305(5), 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes admission, classification, and notice requirements for juveniles in the custody of the department in juvenile detention centers, youth development centers, and group homes.
History: 29 Ky.R. 852; 1268; eff. 11-12-2002; 32 Ky.R. 1478; 2027; eff. 7-7-2006; 35 Ky.R. 1851; 2454; 2741; eff. 7-6-2009; 42 Ky.R. 519; 1561; eff. 1-4-2016; 45 Ky.R. 2171, 2663; eff. 4-5-2019; 49 Ky.R. 2370, 50 Ky.R. 839; eff. 3-5-2024.

505 KAR 1:110 Intake and orientation {#sec-505-kar-1-110 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:110}

Section 1. Intake.

(1) A juvenile shall be screened and assessed at intake to assist in developing appropriate services for the juvenile.

(2) A juvenile shall not be discriminated against on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.

(3) A juvenile shall be screened to determine if the juvenile is in crisis and requires referral to a mental health professional pursuant to KRS 15A.305(8)(a).

Section 2. Juvenile Detention Center Intake.

(1) A juvenile shall be informed of the intake and orientation process at the time of intake.

(2) Any medication or prescription for medication brought with the juvenile shall be immediately turned over to the facility health authority or designee for instructions regarding disposition.

Section 3. Screening for Detention Centers, Juvenile Development Centers, and Group Homes.

(1) Staff shall provide the individual being screened with a verbal overview of the procedure for intake and orientation.

(2) A juvenile shall have the following screenings:

(a) Initial health;

(b) Ectoparasite; and

(3) A juvenile may have a drug and alcohol screening.

(4) Absent exigent circumstances, screenings shall be conducted by same gendered staff.

(5) Mental Health Screening. Mental health screening shall be completed by staff trained in use of the screening instrument. If a juvenile is determined to have mental health needs, the facility health authority shall make the determination of need and make contact as appropriate with a mental health provider for a mental health assessment. The mental health screening shall be completed within twenty-four (24) hours of admission.

Section 4. Risk Assessment Screening. After the initial detention hearing, a juvenile ordered detained in a state-operated detention facility shall be screened using the detention risk assessment instrument to determine eligibility for the alternative detention program,

Section 5. Human Trafficking Screening. A human trafficking screening shall be conducted for a juvenile following completion of the Individual Treatment Plan but no later than thirty (30) days after admission.

Section 6. PREA Screening. The PREA vulnerability assessment shall be completed during intake.

Section 7. Security Threat Group Screening. An STG screening shall be completed during intake.

Section 8. Orientation in Juvenile Detention Centers, YDCs, and Group Homes.

(1) A juvenile shall receive orientation in their own language. Material shall either be written or interpreted to ensure understanding of the juvenile's rights and the facility's rules, including grievance procedures, discipline and penalties, and how to access medical and mental health services.

(2) Within twenty-four (24) hours of admission, facility staff shall provide a written handbook of rules and discuss them with the juvenile. If the juvenile handbook is provided electronically, juveniles in isolation shall be provided the information in a written format so that their access to the information is not impeded by their custody status. Receipt of the handbook shall be documented by a statement signed and dated by the juvenile and staff. Staff shall assist the juvenile in understanding the material if a literacy, hearing, or visual impairment issue exists and shall provide interpretation if needed. The orientation information letter to the parent or caregiver shall be in the language of the parent or caregiver if a language barrier exists.

(3) A juvenile shall be provided personal hygiene instruction, personal hygiene products, and a shower upon admission.

(4) A juvenile shall be provided a complete set of clean clothing at admission and daily thereafter, including underwear and socks.

(5) A juvenile shall receive clean, laundered linens.

(6) A juvenile shall be assigned to and given a brief tour of the housing unit.

(7) A juvenile shall receive assistance in notifying the juvenile's family of their admission, registered number, if applicable, and procedures for mail and visiting.

(8) Completion of orientation shall be documented by a signed and dated statement by the juvenile.

Section 9. Orientation Treatment Plan in Group Homes and YDCs. A juvenile's Orientation Treatment Plan shall be written within seven (7) days of admission.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirements for intake and orientation of a juvenile in a department or contracted detention center, youth development center, or group home.
History: 29 Ky.R. 853; 1268; eff. 11-12-2002; 30 Ky.R. 429; eff. 10-31-2003; 429; 1826; eff. 3-18-2004; 32 Ky.R. 536; 1126; eff. 2-3-2006; 41 Ky.R. 472; 1057; eff. 12-5-2014; 42 Ky.R. 521; 1563; eff. 1-4-2016; 45 Ky.R. 1818, 2663; eff. 4-5-2019; 50 Ky.R. 170; eff. 3-5-2024.

505 KAR 1:120 Department of Juvenile Justice Policies and Procedures Manual: Health and Safety Services {#sec-505-kar-1-120 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:120}

Section 1. Incorporation by Reference.

(1) The "Department of Juvenile Justice Policy and Procedures Manual: Health and Safety Services", June 13, 2023, is incorporated by reference and includes the following:

History

RELATES TO: KRS 15A.065, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.067, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305(5), 605.150, 635.095 and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference policies and procedures concerning health and safety for the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 29 Ky.R. 855; 1269; eff. 11-12-2002; 30 Ky.R. 430; eff. 10-31-2003; 32 Ky.R. 537; 1127; eff. 2-3-2006; 1136; 2127; eff. 4-4-2014; 44 Ky.R. 2384; 465 Ky.R. 368, 656; eff. 10-5-2018; 46 Ky.R. 2823; 47 Ky.R. 315; eff. 11-4-2020; 49 Ky.R. 1668, 2318; 50 Ky.R. 40; eff. 10-3-2023.

505 KAR 1:130 Department of Juvenile Justice Policies and Procedures: juvenile services in community {#sec-505-kar-1-130 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:130}

Section 1. Incorporation by Reference.

(1) The "Department of Juvenile Justice Policy and Procedures Manual: Juvenile Services in Community", October 6, 2017, is incorporated by reference and includes the following:

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 15A.305(5), 605.150, 635.095, 635.100, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference into regulatory form materials used by the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 29 Ky.R. 856; Am. 1270; eff. 11-12-2002; 30 Ky.R. 1828; eff. 3-18-2004; 32 Ky.R. 1335; 1915; 2009; eff. 6-2-2006; 37 Ky.R. 2289; 2881; 38 Ky.R. 18; eff. 8-5-2011; 40 Ky.R. 1888; 2297; eff. 4-4-2014; 42 Ky.R. 523; 1565; eff. 1-4-2016; 43 Ky.R. 2214; 44 Ky.R. 241; eff. 10-6-2017; 44 Ky.R. 241, 1137; eff. 2-2-2018; Cert to Am; filing deadline 7-30-2026.

505 KAR 1:140 Department of Juvenile Justice Policies and Procedures Manual: detention services {#sec-505-kar-1-140 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:140}

Section 1. Incorporation by Reference.

(1) The "Department of Juvenile Justice Policy and Procedures Manual: Detention Services", June 13, 2023, is incorporated by reference and includes the following:

History

RELATES TO: KRS 15A.065, 15A.067, 15A.200-15A.240, 15A.305, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305(5), 605.150, 635.095 and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference policies and procedures concerning detention services for the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 505 KAR 001:140. 29 Ky.R. 857; 1270; eff. 11-12-2002; 30 Ky.R. 1829; eff. 3-18-2004; 32 Ky.R. 538; eff. 2-3-2006; 45 Ky.R. 369; eff. 10-5-2018; 49 Ky.R. 1670, 2320; 50 Ky.R. 40; eff. 9-21-2023; 52 Ky.R. 879, 1525; eff. 6-2-2026.

505 KAR 1:160 Department of Juvenile Justice Policy and Procedures Manual: Juvenile Sexual Offender Treatment Program {#sec-505-kar-1-160 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:160}

Section 1. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Department of Juvenile Justice Policy and Procedures Manual: Juvenile Sexual Offender Treatment Program", September 16, 2019, which includes the following: 800Definitions (Added 9/16/19); 801Treatment Program for Declared Juvenile Sexual Offenders (Amended 9/16/19); 803Polygraph Examinations (Amended 9/16/19); 806Private Provider Application, Approval, and Renewal Process for Juvenile Sexual Offender Treatment or Assessor Status (Amended 9/16/19);

(b) "Standard Operating Procedures Manual for the Treatment of Declared Juvenile Sexual Offenders", (Amended 9/16/19);

(d) "Juvenile Sex Offender Assessment Protocol-II Manual (J-SOAP-II)", 8/15/06;

(e) "Juvenile Sexual Offender Tracking System Initial Reporting Form Part I", 7/12/19; and

(f) "Juvenile Sexual Offender Tracking System Reporting Form Part II", 7/12/19.

History

RELATES TO: KRS 15A.065, 15A.067, 200.080-120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305(5), 200.115, 605.150, 635.095, 635.500, 635.505(1), 635.515, 635.520, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305(5), 605.150, 635.095, 635.520, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference into regulatory form materials used by the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 33 Ky.R. 1022; Am. 1619; 2295; eff. 3-9-2007; 36 Ky.R. 1332; 2101-M; eff. 5-7-2010; 39 Ky.R. 1952; 2173; eff. 5-31-2013; 46 Ky.R. 659, 1120; eff. 11-1-2019.

505 KAR 1:170 Department of Juvenile Justice Policies and Procedures: Prison Rape Elimination Act of 2003 (PREA) {#sec-505-kar-1-170 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:170}

Section 1. Incorporation by Reference.

(1) The "Department of Juvenile Justice Policies and Procedures: Prison Rape Elimination Act of 2003 (PREA)", January 8, 2018, is incorporated by reference and includes the following: 900Definitions (Amended 8/24/17); 901Zero Tolerance of Any Type of Sexual Misconduct (Amended 8/24/17); 902Personnel Procedures (Amended 1/8/18); 903Prohibited Conduct of Staff, Interns, Volunteers, and Contractors (Amended 8/24/17); 904Contracted Residential Entities (Amended 8/24/17); 90Juvenile Vulnerability Assessment Procedure (Amended 8/24/17); 906Reporting and Investigating PREA Violations (Amended 8/24/17); 907Resident PREA Education (Amended 1/8/18); 908DJJ Response to a Report of a PREA Violation (Amended 1/8/18); 909Data Collection and Review (Amended 1/8/18); 910Facility Security Management (Amended 8/24/17); 911DJJ Staff PREA Education and Training (Amended 8/24/17); and 912Sexual Orientation and Gender Identity (Amended 1/8/18).

History

RELATES TO: KRS 15A.065, 15A.067, Chapters 600-645, 34 U.S.C. 30301-30309, 28 C.F. R. 115.311-115.393
STATUTORY AUTHORITY: KRS 15A.065, 15A.067, 15A.160, 15A.210, 200.115, 605.100, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.067, 15A.160, 15A.210, 15A.305(5), 605.100, 605.150, 635.095, 640.120, and 645.250 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference into regulatory form materials used by the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 40 Ky.R. 1199; 1742; 2129; eff. 4-4-2014; 44 Ky.R. 809, 1546, 1830; eff. 3-9-2018; Cert to Am, filing deadline 9-6-2026.

505 KAR 1:180 Day treatment admissions {#sec-505-kar-1-180 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:180}

Section 1. General.

(1) A juvenile's admission to a day treatment program shall depend on the program's capacity.

(2) Prior to a juvenile being placed in a day treatment program, an assessment of the juvenile's individual needs shall be completed.

(3) The Department of Juvenile Justice shall provide services to juveniles in day treatment programs without discrimination on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.

Section 2. Eligibility Criteria for Day Treatment Admissions.

(1) Juveniles ages twelve (12) to seventeen (17) shall be eligible for admission consideration for a day treatment program. Juveniles aged eighteen (18) shall only be eligible for admission to a department day treatment program if they are committed to DJJ and have educational needs that can best be met in the day treatment setting.

(2) Admission priority shall be given to juveniles in the following order:

(a) DJJ committed or probated juveniles;

(b) Other juveniles adjudicated on public or status offenses;

(d) Juveniles referred by the FAIR Team;

(e) Juveniles referred by the Department of Community Based Services; and

(f) School-referred juveniles with severe behavioral issues in the school and in the community.

Section 3. Referral Process.

(1) The referring agent shall provide to the Superintendent or designee a written referral for the juvenile that includes the following information:

(a) Identifying information: name, address, date of birth, sex, and race or ethnic origin;

(b) Reason for referral, including presenting problems;

(d) Name of referring agency or committing authority;

(e) Education and school history;

(f) Social history if applicable;

(g) Special medical problems or needs;

(h) Personal physician, if applicable;

(i) Legal status, including jurisdiction, length, and conditions of placement;

(j) Signature of both interviewee and employee gathering information;

(k) Needs assessment for a juvenile who is probated, committed, or sentenced to the department; and

(l) Any other information pertinent to the juvenile.

(2) A referral that does not include adequate information may be denied by the superintendent.

(3) The referring individual or agency shall be notified of a decision within two (2) weeks of the program receiving a complete referral packet. If the juvenile is not admitted, a written response shall be provided to the referring individual or agency with recommendations for other services or placement options.

(4) Upon written request from the respective juvenile, an explanation of the reason the juvenile was not accepted into the program shall be provided.

Section 4. Accommodations. A juvenile or caregiver may request an accommodation for a disability through any day treatment program staff. A day treatment program shall make accommodation for a juvenile with a disability. The day treatment program shall make appropriate referrals for care and treatment, if needed, and may provide connection to resources if a juvenile has a disability that manifests in behaviors that may present a threat to self or others. The program shall follow each child's Individual Education Plan and 504 Plan.

Section 5. Admission Revocation and Removal from Program. Once a juvenile has been admitted, the superintendent in consultation with the treatment team may revoke the admission approval and request the juvenile's removal from the program. The reason for removal shall be documented, and may include:

(1) Fighting or violent behavior;

(2) Chronic program disruption;

(3) Truancy or failure to attend; or

(4) Failure to make progress in the program including:

(a) Non-productivity;

(b) Not completing assigned work;

(d) Other indicators of lack of progress in the educational program.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the admissions requirements for department day treatment programs.
History: 45 Ky.R. 1859, 2664; eff. 4-5-2019; 49 Ky.R. 2373; eff. 3-5-2024.

505 KAR 1:185 Day treatment programs {#sec-505-kar-1-185 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:185}

Section 1. Educational Services.

(1) Educational services shall be provided to juveniles in a day treatment program. Educational services shall be made available to each juvenile upon admission and shall be open entry and open exit.

(2) Educational services shall be individualized to meet the assessment, educational, rehabilitative, and developmental instructional needs of each juvenile.

(3) Vocational Assessment. Juveniles who enter a day treatment program without a previously administered vocational assessment shall be administered a vocational assessment. The results shall be used to:

(a) Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;

(b) Assist DJJ and school district educational staff to integrate academic, vocational and work assignments, and treatment goals; and

(4) The results of educational and vocational assessments from the school district shall be used for the initial development, periodic review, and revision of an integrated Individual Learning Plan, Individual Education Plan if applicable, Individual Treatment Plan, Individual Learning Plan Addendum if applicable, and Aftercare Plan.

(5) ITP, ILP, IEP, Section 504 plan, and Aftercare Plan. DJJ shall participate with school district staff, if invited, in the development, review, and revision of a juvenile's IEP, and Section 504 plan. DJJ shall integrate any accommodations from an IEP or Section 504 plan in a juvenile's ITP and Aftercare Plan. The ILP shall be integrated with the ITP and completed within fourteen (14) school days of admission.

(6) Child Find. Any staff who suspects that a juvenile may have an educational disability shall communicate that concern in writing to the Administrative Duty Officer and report it to the treatment team.

Section 2. Technical Programming.

(1) If technical programming is available, the program shall have specific criteria for enrolling juveniles, and the criteria shall be included in the orientation handbook.

(2) The Superintendent shall ensure that juveniles only use power driven machines and tools under the following circumstances:

(a) The juvenile has been enrolled in a technical training program;

(b) The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;

(d) The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task; and

(e) The certified technical teacher shall document that the student has completed safety training.

(3) The certified technical teacher of the training program and facility staff shall monitor the emotional state and consider the mental stability of the juvenile prior to allowing the juvenile to use power driven machines and tools or perform a potentially hazardous task.

Section 3. Searches. A juvenile may be searched for safety and security purposes. A search may include the juvenile's hair.

Section 4. Behavior.

(1) During school hours, teachers shall direct juvenile behavior while juveniles are engaged with educational programming such as lessons, hands-on activities, school-day outings, community mentoring, vocational classes, and all teacher-led learning.

(2) Teachers shall collaborate with DJJ staff regarding appropriate consequences for an undesirable behavior.

(3) Teachers shall be included in the disciplinary review with the juvenile and DJJ staff.

(4) Acceptable school behavior and discipline information shall be incorporated into the Orientation Handbook and reviewed with each juvenile. A copy of the Orientation Handbook shall be posted at the school site. DJJ and education staff shall be provided a copy of the Orientation Handbook.

Section 5. Personal Property.

(1) Allowable Personal Property. A juvenile may bring the following to a day treatment program:

(a) Key to access the juvenile's dwelling;

(b) Cell phone; and

(2) The program may set a different cash limit considering the needs of the juveniles in the program and the negative effects of available cash.

(3) The program may require allowed personal property to be locked away and not in the juvenile's possession during the school day or instructional time.

(4) Confiscated personal property shall be logged and secured. Law enforcement may be contacted if the juvenile's personal property poses a safety or security risk to the program.

(5) A juvenile may be reimbursed for damaged or lost personal property on a limited basis at the discretion of the superintendent.

(6) Unclaimed personal property shall be stored and retained at the program for not longer than thirty (30) school days.

Section 6. Telephone and Visitation.

(1) A day treatment program shall provide juvenile access to a telephone for emergency calls.

(2) Visitation. Parental and caregiver visits shall be encouraged, and the program shall make provisions for assisting the parent or caregiver in visitation to the program. Visits shall be permitted for a parent or caregiver, or attorney during program hours, except if there is documented evidence that a visitor poses a threat to the safety of the juveniles or the security of the program or may disrupt the program.

Section 7. Counseling Services.

(1) Counseling services shall be provided to each juvenile in accordance with the juvenile's individual treatment plan. Staff shall be available to provide counseling in emergency situations and upon a juvenile's request in accordance with each juvenile's ITP.

(2) Each juvenile attending school in a day treatment program shall have an opportunity for individual and group counseling.

(a) Individual counseling shall be:

Provided to each juvenile at a minimum of one (1) scheduled hour per week;
Used to help the juvenile make developmentally appropriate changes in thinking and behavior; and
Used to assist the juvenile in meeting goals and tasks identified on the juvenile's ITP;

(b) Group counseling. Group counseling shall be:

Provided to each juvenile at a minimum of two (2) scheduled hours per week;
Used to help the juvenile make developmentally appropriate changes in thinking and behavior;
Used to discuss specific and common issues, conflicts, and concerns;

(3) The juvenile's counselor may engage the juvenile's parent or caregiver as needed to assist the juvenile in meeting their educational treatment objectives.

Section 8. Youth Council.

(1) A program shall have a youth council that meets monthly with the superintendent or designee. The youth council shall include representatives from each treatment group who shall present juvenile concerns.

(2) The youth council shall discuss and offer recommendations to the superintendent on issues including the following:

(a) Staff and juvenile relations;

(b) Programming issues;

(d) Recreation;

(e) Education;

(f) Health and dietary issues; and

(g) Youth activity fund.

(3) Written minutes shall be kept of each youth council meeting and shall be held on file for three (3) years by the superintendent or designee. The superintendent or designee and all participants shall sign an attendance sheet at the meeting.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645, 34 C.F.R. 300.111, 707 KAR 1:320
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes general requirements for day treatment programs for juveniles committed to the department.
History: 49 Ky.R. 2429; 50 Ky.R. 841; eff. 3-5-2024.

505 KAR 1:190 Department of Juvenile Justice Policy and Procedures: Interstate Compact for Juveniles {#sec-505-kar-1-190 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:190}

Section 1. Incorporation by Reference.

(1) The "Department of Juvenile Justice Policy and Procedures Manual: Interstate Compact of Juveniles", February 11, 2019, is incorporated by reference and includes the following: 1200Definitions (Added 2/11/19); 1201Interstate Referrals (Added 2/11/19); 1202Interstate Runaways, Escapees, and Absconders (Added 11/30/18); 1203Interstate Travel (Added 11/30/18); 1204Interstate Revocations and Case Closure (Added 11/30/18);

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 200.115, 605.150, 635.095, 635.100(7), 635.500, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095 and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation incorporates by reference into regulatory form materials used by the Department of Juvenile Justice in the implementation of a statewide juvenile services program.
History: 505 KAR 001:190. 45 Ky.R. 2255, 2665; eff. 4-5-2019; Crt eff. 4-2-2026.

505 KAR 1:200 Cell entry teams, emergency response teams, and emergency response training {#sec-505-kar-1-200 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:200}

Section 1. Definitions.

(1) "Cell entry team" means a team of staff that are deployed to remove a juvenile from a cell or other confined area.

(2) "Emergency Response Team" or "ERT" means a team of staff designated to respond to emergencies within facilities operated by the department, including:

(a) Natural disaster;

(b) Riot, fire, or any other occurrence that creates a risk to the safety or security of the facility, juveniles, staff, or volunteers;

(d) Other similarly emergent events.

Section 2. Cell Entry Team.

(1) The department may establish and train cell entry teams.

(2) The department shall use reasonable force necessary to gain the compliance of a juvenile during a cell entry or other action by a cell entry team.

(3) A juvenile shall comply with the orders of a cell entry team.

(4) The training shall include how to interact with juveniles with mental or physical disabilities.

Section 3. Emergency Response Team.

(1) The department shall establish and train emergency response teams for detention centers and youth development centers. The training shall include how to interact with juveniles with mental or physical disabilities.

(2) If a use of force is necessary during any emergency to which the ERT responds, the ERT shall use only reasonable force to resolve the emergency.

(3) The ERT shall conduct monthly drills for emergency response. The monthly drills may include:

(a) Riot;

(b) Fire;

(d) Mass evacuation;

(e) Facility infrastructure failure;

(f) Search; or

(g) Other topics related to proper response to unexpected or emergent circumstances.

Section 4. Emergency Response Training and Coordination.

(1) DJJ shall contact local law enforcement to:

(a) Obtain memoranda of understanding with local law enforcement for emergency response; and

(b) Include them in emergency response training involving DJJ facilities.

(2) A juvenile detention center or a youth development center shall conduct monthly training for staff concerning emergency response. The monthly training may include:

(a) Riot;

(b) Fire;

(d) Mass evacuation;

(e) Facility infrastructure failure;

(f) Search; or

(g) Other topics related to proper response to unexpected or emergent circumstances.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.160, 15A.305, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. KRS 15A.305(8)(b) requires the department to conduct monthly documented trainings related to emergency response. KRS 15A.305(8)(d) requires the department to establish emergency response teams at juvenile detention centers and youth development centers and further requires the emergency response teams to conduct monthly drills. KRS 15A.305(8)(e) requires memoranda of understanding with local law enforcement for emergency response and the inclusion of local law enforcement in emergency response training. This administrative regulation authorizes the creation of cell entry teams and requires emergency response teams and training.
History: 49 Ky.R. 2432, 50 Ky.R. 660; eff. 12-5-2023.

505 KAR 1:210 Restraints and control methods {#sec-505-kar-1-210 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:210}

Section 1. Definitions.

(1) "Planned use" means the prearranged use of a chemical agent or conductive energy device to prevent loss of life, injury to staff or juveniles, damage to state property, escape, or to maintain the secure and orderly operation of the facility.

(2) "Reactive use" means the emergency use of a chemical agent or conductive energy device in response to a specific act to prevent loss of life, injury to staff or juveniles, damage to state property, or escape.

Section 2. Restraint or Control Actions.

(1) In addition to verbal commands and de-escalation, the restraint or control actions allowed shall include physical restraints, mechanical restraints, chemical agents, shields, and conductive energy devices including stun shields.

(2) The restraint or control action shall not be used as punishment.

(3) Staff shall not use any force-related equipment other than what is authorized.

(4) Only the minimum force necessary to accomplish the control action shall be used.

(5) Staff shall use only reasonable force to control the juvenile during a physical restraint.

(6) A show of force may be employed if it is deemed practical and appropriate to the situation. A show of force may include maneuvering by the cell entry team or display of force and equipment available for use if the necessity arises.

Section 3. Mechanical Restraints.

(1) Authorized mechanical restraints shall include handcuffs, flex-cuffs, leg shackles, waist chains, and other items authorized in writing by the commissioner of the department.

(2) Mechanical restraints shall be applied with only reasonable force necessary to restrain the juvenile.

(3) DJJ shall not use any type of mechanical restraint on a female juvenile during active labor and delivery of a child. Any exception shall require approval by and guidance on methodology from the Director of Medical Services and shall be based on documented security risks. The Director of Medical Services shall provide guidance on the use of restraints on a pregnant juvenile prior to active labor and delivery.

Section 4. Chemical Agents.

(1) The only chemical agent authorized for use on a juvenile shall be oleoresin capsicum (OC).

(2) Reactive use of a chemical agent shall be authorized by the trained staff being issued the chemical agent canister.

(3) A planned use of a chemical agent shall require authorization from the Superintendent or designee. If time and circumstances reasonably permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:

(a) Medical problem that may be adversely affected by the chemical agent; or

(b) History of psychotic behavior and whether the individual may react significantly different than anticipated to chemical agents.

(4) A juvenile shall receive a medical evaluation after being exposed to a chemical agent.

(5) If not in use or issued to staff, chemical agents shall be stored in a secure location with controlled access.

Section 5. Conductive Energy Devices.

(1) Conductive energy devices shall be used only after all lesser degrees of force have been tried or given due deliberate consideration.

(2) Use of a conductive energy device shall require authorization from the Superintendent or designee.

(3) If time and circumstances permit, the juvenile's individual client record and medical file, if available, shall be examined by appropriate staff to determine if the juvenile has a significant:

(a) Medical problem that may be adversely affected by the conductive energy device; or

(b) History of psychotic behavior and whether the individual may react significantly different than anticipated to conductive energy device.

(4) A juvenile shall receive a medical evaluation after the use of a conductive energy device.

(5) When not in use, conductive energy devices shall be stored in a secure location with controlled access.

Section 6. Reporting. An incident report shall be completed any time a physical restraint, chemical agent, or conductive energy device is used outside of authorized training. An incident report shall be completed any time a mechanical restraint is used on a juvenile outside of transport.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 15A.305, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. KRS 15A.305(8)(c) requires that appropriate staff working with detained youth have controlled access to and are properly trained in the use of appropriate defensive equipment comparable to that used by the Department of Corrections, including tasers, pepper spray, and shields. This administrative regulation establishes the use of restraints and control methods for juveniles in the custody of or placed with the department.
History: 49 Ky.R. 2434; eff. 3-5-2024.

505 KAR 1:220 Transportation of juveniles {#sec-505-kar-1-220 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:220}

Section 1.

(1) A juvenile shall be searched before being placed in a vehicle for transport. Cross-gender searches shall only be conducted under exigent circumstances. Otherwise, searches shall be conducted by same gendered staff.

(2) Department staff shall determine if a juvenile may be notified in advance of a pending transportation trip.

(a) The default shall be to not give notice unless consideration of the factors in paragraph (b) of this subsection allow for notice.

(b) Consideration shall be given to:

The purpose of or reason for the transport;
Classification and behavior of the juvenile:
Whether the juvenile's parent or caregiver is being informed or will be present;
Safety and security issues, including:

a. Timing of the notice; and

b. Escape or AWOL risk.

(3) A juvenile in detention or a level 4 youth development center being transported shall be restrained with mechanical restraints and shall be transported in a vehicle with a security screen. Other juveniles may be transported in mechanical restraints if needed. However, juveniles shall not be secured or restrained to any part of the vehicle. A pregnant juvenile shall be restrained in compliance with KRS 196.173.

(4) Staff transporting juveniles may be equipped with chemical agents, conductive energy devices, additional mechanical restraints, and a cell phone.

(5) Seat belts shall be used in a vehicle.

(6) Transporting staff shall not allow a juvenile to visit or contact any person except a parent or caregiver by any means unless authorized in advance by the superintendent or designee.

(7) A juvenile shall not leave the vehicle at any stop unless the transporting staff escorts the juvenile.

(8) In an emergency or a collision, restraints may be removed from the juvenile only if the transportation staff determines that an urgent situation exists requiring removal of the restraints. Any restraints removed shall be limited to those restraints that compromise the health or safety of the juvenile.

(9) If the transportation of a juvenile is expected to extend through a mealtime, a sack lunch shall be prepared and placed in the transport vehicle or provision shall be made to feed the juvenile upon arrival.

(10) DJJ staff transporting a juvenile shall observe the same gender requirements of KRS 605.080.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 196.173, 605.080, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. KRS 15A.305(8)(c) requires that appropriate staff working with detained youth have controlled access to, and are properly trained in the use of, appropriate defensive equipment comparable to that used by the Department of Corrections, including tasers, pepper spray, and shields. This administrative regulation establishes requirements for the transportation of juveniles in the custody of the department.
History: 49 Ky.R. 2436; eff. 3-5-2024.

505 KAR 1:230 Facility capacity, staffing, and population count {#sec-505-kar-1-230 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:230}

Section 1. Bed Capacity.

(1) A facility shall not exceed the maximum capacity established by the State Fire Marshal.

(2) The department shall establish and maintain recommended maximum bed capacities at each facility.

(3) The Commissioner or designee may waive the recommended capacity maximum of a juvenile facility established in subsection (2) of this section, if it is determined that a waiver does not seriously affect the security, supervision of juveniles, programs, or the safe, healthful, or efficient operation of the facility.

Section 2. Required Staffing Levels for Juvenile Facilities.

(1) Each juvenile facility shall have adequate staff to provide reasonable security to the juveniles and ensure their wellbeing.

(2) A juvenile or group of juveniles shall not be given control or authority over other juveniles.

(3) At least one (1) same sex staff member of the juvenile population shall be on duty at all times.

(4) In an emergency, the superintendent may use other approved physical management certified DJJ staff to fulfill required youth worker staff coverage on a shift-by-shift basis.

Section 3. Daily Census.

(1) A facility operated by or contracted with the department shall conduct a daily census of the juveniles in its custody.

(2) A facility shall report any other information regarding the juvenile population in the daily census that the commissioner or designee directs, including:

(a) Sex;

(b) Race;

(d) Admission date;

(e) Release date;

(f) Charge; and

(g) Other information as instructed.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for a maximum capacity to be established for each department facility, staffing, and a daily population count to be made.
History: 49 Ky.R. 2438, 50 Ky.R. 661; eff. 12-5-2023.

505 KAR 1:240 Dietary services {#sec-505-kar-1-240 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:240}

Section 1. Dietary Services.

(1) For groups homes, youth development centers, and juvenile detention centers, a facility shall provide a dietician approved, nutritionally adequate menu with options to accommodate medical and religious requirements of individual juveniles.

(2) A juvenile shall be provided three meals each day, two of which shall be hot meals. The last meal of the day and breakfast shall be no more than fourteen (14) hours apart except during planned activities and holidays.

(3) A juvenile shall be provided three (3) snacks each day.

Section 2. Discipline. A meal, snack, or beverage shall not be withheld from a juvenile or altered for any disciplinary purpose.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for dietary services for group homes, youth development centers, and juvenile detention centers.
History: 50 Ky.R. 240; eff. 3-5-2024.

505 KAR 1:250 Drug screening and testing {#sec-505-kar-1-250 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:250}

Section 1.

(1) Juveniles are subject to drug screening and testing at any time and shall be provided with documentation regarding the drug screening and testing process and the consequences of a positive drug test during intake and orientation. The consequences of a positive drug screen or test may include:

(a) Progressive discipline;

(b) Movement to a more restrictive level of care;

(d) Criminal charges filed by a law enforcement agency; or

(e) Sanctions by the court.

(2) A juvenile shall be informed, in writing, that failure or refusal to cooperate by providing a specimen, within two (2) hours of a request, is a major rule violation and may result in discipline. A juvenile may be kept on one-to-one supervision until the juvenile provides a specimen.

(3) Confidentiality. Facility staff and the laboratory involved in any aspect of the drug screening or testing program shall maintain strict standards of confidentiality, as required by law.

(4) If the juvenile admits to any drug usage prior to the drug screen, the juvenile shall be asked to sign a statement acknowledging the use and drug used and that the screen may be positive. Prior to providing a written statement, the juvenile shall be informed that the written statement may be used in legal proceedings. This written statement shall not be coerced and shall be provided by the juvenile voluntarily. The specimen shall still be collected.

(5) Positive Screen Result. If the drug screen is positive, the juvenile shall be asked to sign a statement acknowledging that he or she has been using drugs and that the results of the drug screen are accurate. Prior to providing a written statement, the juvenile shall be informed that the written statement may be used in legal proceedings. This written statement shall not be coerced and shall be provided by the juvenile voluntarily.

(a) A confirmation test by a laboratory shall be conducted after a positive drug screen.

(b) Confirmation Test Results. Facility staff shall notify the juvenile of the confirmation test results within twenty-four (24) hours of receipt. A juvenile on furlough shall be notified of the results within one (1) business day. Except for positive screens or tests upon initial intake at a detention center, a penalty slip or disciplinary review notice shall be issued and the disciplinary review process in 505 KAR 1:400 shall be followed.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 635.500, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes procedures for the drug screening and testing of juveniles in the custody of the department.
History: 50 Ky.R. 241, 1087; eff. 3-5-2024.

505 KAR 1:260 Education {#sec-505-kar-1-260 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:260}

Section 1. General.

(1) Education services through the local school district shall be made available to juveniles upon admission at a DJJ facility during instructional days, except if there is substantial evidence to justify otherwise. Substantial evidence may include the juvenile having earned a diploma or GED or having an IEP that requires something different. Educational services, necessary specialized equipment, and appropriate educational materials shall be provided at no cost to a juvenile up to the completion of high school or the General Education Development program.

(2) A juvenile enrolled in a community school shall be transported in accordance with the local school district's transportation policy.

Section 2. Assessments.

(1) For a juvenile at a detention center, educational and vocational needs assessment shall be completed within five (5) instructional days of the juvenile's admission following the detention hearing. Previous results may be used if completed within the last 180 days.

(2) For a juvenile at a youth development center, educational and vocational assessments shall be completed within fourteen (14) days of the juvenile's admission if previous results are not available.

(3) A juvenile at a youth development center who has completed the fifth grade and enters a YDC without a previously administered vocational assessment shall be administered vocational assessments of aptitude, interest inventory, and learning and working styles. The results shall be used to:

(a) Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;

(b) Assist DJJ and school district staff as they integrate academic, vocational and work assignments, social skills, and treatment goals;

(d) Develop or review and revise if necessary, a juvenile's Individual Learning Plan and Transition Plan; and

(e) Provide each juvenile with career options.

Section 3. Educational Services at Juvenile Detention Centers. Educational services at a detention center shall be individualized to meet the assessment, educational, and developmental instruction needs of the juvenile, constructed on an open entry-open exit basis, and scheduled so that educational services do not compete with other facility programming. Provisions shall be made for academic counseling.

Section 4. Educational Services in YDCs and Group Homes.

(1) Educational, technical, and treatment services shall be integrated and individualized to meet the assessment, educational, rehabilitative, and developmental instruction needs of each juvenile.

(2) Post-secondary course fees may require a juvenile to access grant money, individual juvenile accounts, parent contributions, or community sponsors.

(3) Juveniles shall receive credit for education that can be transferred to other schools.

(4) A juvenile's individual client record shall include academic and vocational information.

Section 5. Vocational and Technical Programming for YDCs.

(1) A juvenile shall have the opportunity to enroll in pre-vocational and skill-based vocational training programs and explore vocational and technical opportunities based on the criteria for enrollment.

(2) Each local school district that operates within a YDC shall submit a monthly progress report to the DJJ Education Branch.

(3) Each technical program shall submit their vocational plan to the Education Branch at the beginning of each school year.

Section 6. Technical Education Safety. A juvenile may only use power driven machines and tools under the following circumstances:

(1) The juvenile has met the requirements for enrollment in a technical program;

(2) The juvenile has been enrolled in a technical training program;

(3) The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;

(4) The certified technical teacher of the training program is supervising the juvenile;

(5) The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task;

(6) The certified technical teacher documents that the student has completed safety training; and

(7) The certified technical teacher of the training program and facility staff continuously monitor the emotional state and consider the mental stability of the juvenile prior to allowing the juvenile to use power driven machines and tools or perform a potentially hazardous task.

Section 7. Agreements with Local School Districts.

(1) DJJ shall have an agreement with the school district servicing juvenile detention centers, youth development centers, and group homes that includes the following:

(a) Educational services shall be provided on an open entry-open exit basis;

(b) Education and treatment shall be an integral part of the juvenile's instructional plan;

(d) Work programs for juveniles shall not interfere with educational programming; and

(e) Disciplinary measures shall not interfere with educational programming, except if there is substantial evidence to justify otherwise.

(2) DJJ may provide training for school district and technical education staff on DJJ policies and procedures, including discipline of a juvenile in accordance with 505 KAR 1:400 and security issues. Appropriate classroom management techniques to carry out the disciplinary rules shall be used.

Section 8. Individual Learning Plan, Individual Education Plan, and Individual Treatment Plan.

(1) The results of educational and vocational assessments shall be used as a basis for the initial development, and periodic review and revision, of an integrated ILP, Individual Education Plan if applicable, Individual Treatment Plan, and aftercare plan.

(2) DJJ and school district staff shall participate jointly in the development, review, and revision of a juvenile's ITP, ILP, IEP if applicable, and aftercare plan.

(3) The ILP and IEP, if applicable, shall be integrated with the ITP and completed within fourteen (14) days of admission.

Section 9. Educational Disability. If a DJJ staff person suspects a juvenile may have an educational disability, the local school district's director of special education shall be notified as soon as practicable.

Section 10. Behavior and Discipline.

(1) Discipline of juveniles at detention centers and YDCs shall be in accordance with 505 KAR 1:400. Discipline of group home juveniles during school activities shall be in accordance with local school board procedures and 505 KAR 1:400.

(2) A juvenile in a detention center or YDC who demonstrates behavior so disruptive that the juvenile is removed from the classroom shall not be readmitted to the classroom until the juvenile demonstrates improved behavior as determined by the teacher in collaboration with the staff.

(3) A juvenile in a group home who demonstrates behavior so disruptive that the juvenile is removed from the classroom may be remanded to the supervision of group home staff until readmitted to the classroom.

(4) If a juvenile is removed from the classroom, the juvenile shall be given assignments to work on individually.

Section 11. Educational and Vocational Records in Detention Centers and YDCs.

(1) A person, including education personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645, shall not obtain or attempt to obtain records to which the person is not entitled or for purposes for which the person is not permitted to obtain them.

(2) A person, including education personnel, not authorized to obtain records pursuant to KRS Chapter 600 to 645, shall not obtain or attempt to obtain records that are made confidential pursuant to KRS Chapters 600 to 645, except upon proper motion to a court of competent jurisdiction.

(3) A person shall not destroy or attempt to destroy any record that is required to be kept unless the destruction is permitted by state law and is authorized by the court upon proper motion and good cause for the destruction being shown.

(4) Release of the juvenile's record, including behavior management, medical, dental, mental, or psychological reports, shall be prohibited unless presented as evidence in court in accordance with the law. A person, including school personnel, shall not disclose any report or information contained therein except as permitted by law or specific order of the court.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 158.281, 200.080-200.120, Chapters 600-645, 605.110, 707 KAR 1:002, 707 KAR 1:320
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements to ensure that education is provided to juveniles in the department's custody.
History: 50 Ky.R. 1089; eff. 3-5-2024.

505 KAR 1:270 Grievances {#sec-505-kar-1-270 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:270}

Section 1. General Information.

(1) Staff shall explain the grievance process to a juvenile upon intake and post the process in the program and living areas. The handbook shall include instructions for the grievance process.

(2) A juvenile shall have the right to file a grievance without fear of retaliation.

(3) A juvenile may file a grievance regarding the following:

(a) Violation of federal or state law;

(b) Violation of department policies and procedures;

(d) Claimed unsafe or unsanitary living conditions within the facility or program; or

(e) The level of care provided within the facility or program.

(4) A juvenile shall not file a grievance on issues already grieved and decided.

(5) Non-grievable issues shall include:

(a) Court decisions;

(b) Disciplinary review decisions; and

(6) An untimely filed grievance or one that concerns a non-grievable issue shall be returned to the juvenile with an explanation.

(7) A grievance that is missing information shall be returned to the juvenile explaining the information needed and the juvenile shall have five business days to return the grievance with the missing information. The time for a grievance response shall not begin until the grievance is returned with the missing information.

(8) Grievance forms shall be located in an area that is easily accessible to the juveniles and each facility shall provide one or more clearly marked lockboxes for the submission of a grievance. The lockbox shall be in an open area accessible to all juveniles.

(9) Each facility shall have a designated grievance officer. The grievance officer shall manage the lockboxes and oversee the grievance process.

(10) Deadline. A grievance shall be submitted by the juvenile within fourteen (14) days of the grieving incident occurrence. If the juvenile files a grievance after the deadline, the juvenile shall explain the reason for the delay on the grievance form when the grievance is filed for a delay determination by the facility manager. The exception to this shall be if the incident falls under the classification of a Prison Rape Elimination Act occurrence. A PREA incident shall not have a time limit applied.

(11) Informal Resolution. Prior to filing a grievance, an effort shall be made to resolve the issue informally. The juvenile shall discuss the matter either with the staff person involved or the grievance officer. In determining whether to deny a grievance for failure to attempt informal resolution, the grievance officer shall consider the juvenile's and staff person's ability or barriers to informally resolve the grievance issue.

(12) Special Incident and PREA. A special incident shall not be handled informally or through the grievance process and shall be reported immediately to the facility manager and Internal Investigation Branch. A PREA incident shall be reported through the hotline or in writing to the commissioner or director of compliance.

Section 2. Grievance Process.

(1) The grievance form shall be submitted in writing and signed and dated by the juvenile. The grievance shall include:

(a) Name of the juvenile filing the grievance;

(b) Name of facility;

(d) Date of occurrence being grieved;

(e) Information concerning the effort to informally resolve the issue; and

(f) The desired resolution.

(2) If a juvenile is unable to adequately express the grievance in writing, the juvenile shall be allowed to present the grievance to the designated grievance officer verbally. The designated grievance officer shall make a written summary of the verbal grievance on a grievance form and have the juvenile sign and date it.

(3) A grievance or notification of intent to present a verbal grievance shall be deposited, by the juvenile, into a grievance lockbox.

(4) Grievances shall be retrieved from the lockbox within twenty-four (24) hours for juvenile detention centers and within two (2) business days for group homes, YDCs, and day treatment centers.

(5) The juvenile shall receive a written response with findings within three (3) business days. If a grievance is a medical issue, a facility nurse or regional nurse shall be involved in the resolution process at the facility level.

(6) A juvenile may withdraw a current or previously filed grievance at any time.

(7) The juvenile shall acknowledge all grievance findings, including withdrawals, with their signature. The grievance officer shall document any refusals to acknowledge the grievance findings on the grievance form.

(8) A copy of the grievance shall be placed in the juvenile's individual client record and a copy shall be given to the juvenile.

Section 3. Grievance Appeal Process.

(1) If dissatisfied with the resolution, within forty-eight (48) hours, the juvenile may appeal the resolution of the grievance to the facility manager by indicating on the grievance form that the juvenile is appealing and depositing it into the lockbox. The juvenile shall provide all previous information submitted.

(2) Within three (3) business days of receiving the appealed grievance resolution, the facility manager shall meet with the designated grievance officer and the juvenile and may meet with the staff involved and other witnesses.

(3) The facility manager shall have up to five (5) business days to present a written final response to the juvenile.

Section 4. Grievance Process Deadlines.

(1) If the grievance process deadlines are not met by the juvenile, the juvenile shall explain the reason for the delay in filing the grievance on the grievance form when the grievance is filed.

(2) The grievance officer shall forward the grievance delay explanation to the facility manager to determine if the grievance may proceed through the process. The facility manager shall decide this within twenty-four (24) hours of receipt and return the grievance to the grievance officer for further steps. The grievance officer shall deny the grievance with an explanation if the delay is not approved by the facility manager or an explanation for the delay is not made by the juvenile.

(3) If the time frames are not met by the grievance officer, the grievance shall automatically be referred to the facility manager by the grievance officer. The facility manager shall follow the grievance appeal process deadlines in this section.

(4) If an essential party is unavailable, the time frames may be extended by the facility manager. The reason for the extension shall be noted on the grievance documentation.

(5) If more than ten (10) grievances are received by the grievance officer in any one (1) work week, the grievance officer may call a moratorium on the time limits for those grievances.

Section 5. Grievance Limits. If the facility manager determines that a juvenile has abused the grievance process by filing numerous frivolous or harassing grievances, the facility manager may limit the number of grievances which may be filed by the juvenile. A juvenile whose grievances have been limited shall be allowed to file no more than one (1) grievance every ten (10) business days. This limitation shall be placed into effect for no more than six (6) months at which time the juvenile may apply to the facility manager for removal of restricted status. Restrictions shall be removed or extended for periods not to exceed six (6) months at each application for release.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the grievance process for juveniles in the custody of the department or attending a department day treatment program.
History: 50 Ky.R. 245, 1091; eff. 3-5-2024.

505 KAR 1:280 Hair and grooming {#sec-505-kar-1-280 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:280}

Section 1. Definitions.

(1) "Cornrows" means a hairstyle in which the hair is arranged in an intricate pattern of tight rows of braids close to the scalp. For people with tightly curled hair textures, this style is not removable by combing or brushing in a brief period of time.

(2) "Dreadlocks" means a hairstyle in which the hair is styled into ropelike sections formed by matting, braiding, or twisting that causes the strands of hair to lock together and due to the locking of the hair is not removable by combing or brushing in a brief period of time.

(3) "Religious exemption" means an approved justification to not be required to conform to a particular grooming standard based upon a sincerely held religious belief.

Section 2. Hairstyles and Grooming.

(1) Each juvenile shall have hair that is clean and styled in a way that does not obscure the face or make the juvenile hard to identify by staff.

(2) A juvenile may wear braids, cornrows, or dreadlocks that are neatly groomed.

(3) A juvenile shall not wear hairstyles that allow hair to fall lower than the eyebrows.

(4) Hairpins and bobby pins shall be prohibited.

(5) A juvenile shall not be allowed to cut or style designs into their hair or color hair after admission to the facility.

(6) Long hair shall be pulled up off the shoulders when on work detail or vocational programming, if safety or sanitation considerations require.

(7) Hairnets shall be provided for and worn by juveniles that work in food service.

(8) Wigs and hairpieces shall not be worn unless medically necessary, and if medically necessary, shall require approval from the Director of Medical Services or designee.

(9) Basic hair care services and culturally sensitive hair care maintenance shall be provided free of charge to the juvenile at least one (1) time a month. Basic hair care services shall include a haircut. Culturally sensitive hair care maintenance shall include basic washing. It shall also include relaxation, if a licensed professional with expertise in culturally sensitive hair care is readily available and relaxation shall require parental permission unless the juvenile has attained the age of eighteen (18).

(10) A juvenile shall be allowed to grow and maintain facial hair not to exceed a length of one-fourth (1/4) inch.

(11) A juvenile shall be issued culturally sensitive hair maintenance items or general hair care products on a daily basis, including combs and brushes.

Section 3. Licensed Professionals.

(1) Only individuals licensed by the Commonwealth of Kentucky as barbers or cosmetologists shall provide hair care and grooming services to a juvenile. Each contracted barber or cosmetologist shall have a documented pre-service orientation training prior to conducting business at a DJJ residential facility, which shall include training on tool control, control of hazardous materials, and other basic procedures.

(2) Security. All tools, equipment, and chemicals used by the barber or cosmetologist shall be in the control of and maintained by the barber or cosmetologist when conducting business at a DJJ residential facility.

(3) Sanitation. The barber or cosmetologist shall adhere to the sanitation standards set for licensure. Equipment used for hair care services shall be sanitized after each use.

(4) Medical Services.

(a) If the barber or cosmetologist observes an open lesion, cut, or wound on the scalp, neck, or facial area, staff shall be notified and the juvenile shall be referred for immediate medical services. If an open lesion, cut, or wound occurs during the barbering process, the supervising DJJ staff shall provide appropriate first aid and the juvenile shall not be provided further barber or cosmetology services until medically cleared.

(b) The facility nurse shall be notified and follow-up with the juvenile for medical consultation regarding the lesion, cut, or wound.

Section 4. Photograph. If the appearance of a juvenile changes, including a significant change in hairstyle or length or the presence of facial hair, DJJ staff shall obtain an updated photograph of the juvenile to be scanned into the electronic record.

Section 5. Staff prohibited acts.

(1) DJJ staff shall not cut, shave, groom, or style the hair or facial hair of a juvenile.

(2) DJJ staff shall not mandate or order that the hair or facial hair of a juvenile be cut, except if:

(a) A medical condition exists and the action is approved by the Director of Medical Services;

(b) The cutting or styling of designs in the hair represent gang identification symbols or inappropriate language or depictions; or

(c) The hair presents a safety or security concern for the facility or its orderly operation and is approved by the Commissioner.

(3) A juvenile may be required by a juvenile's employer or instructor to restrain or cover hair in a manner that complies with health requirements for food service or other jobs or prevents hair entanglement in equipment.

Section 6. Search.

(1) DJJ may search a juvenile's hair for contraband.

(2) Ordinary search procedures may include:

(a) Passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present;

(b) Directing a juvenile to turn the juvenile's head upside down and run their fingers vigorously through the hair including facial hair;

(d) Using a body scanner to search for contraband.

(3) For youth development centers and youth detention centers, a juvenile's hair shall be searched:

(a) At intake; and

(b) After return from a trip outside the facility.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirements for hairstyles and grooming for juvenile detention centers, youth development centers, and group homes.
History: 50 Ky.R. 248, 1093; eff. 3-5-2024.

505 KAR 1:290 Juvenile allowance and work detail {#sec-505-kar-1-290 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:290}

Section 1. Work shall be considered a part of normal daily living activities. Nothing in this section shall be viewed as restricting either voluntary juvenile services to the community or staff involvement in juvenile fundraising activities.

Section 2. Juvenile Allowance.

(1) A juvenile residing in a group home or youth development center shall receive $3.00 per week as an allowance. The Commissioner may increase the allowance.

(2) The juvenile's allowance shall be paid from the program's annual operating budget into the juvenile's account maintained as part of the Youth Activity Fund.

Section 3. Work Detail.

(1) A juvenile shall not be required to participate in uncompensated work assignments unless it is related to housekeeping, maintenance of the facility or its grounds, personal hygiene needs, part of an approved vocational or training program, or for restitution.

(2) A work detail shall not conflict with school attendance, unless approved by the educational staff. Work experience programs may be included in the juvenile's Individual Treatment Plan or Individual Learning Plan.

(3) Staff shall not enter into a work agreement with any juvenile under the care and custody of the department.

(4) A work agreement shall be executed if a juvenile will earn wages through participation in ongoing work release. This agreement shall include the:

(a) Employer's name;

(b) Salary paid;

(d) Level of supervision; and

(e) Requirement that the employer abide by Kentucky child labor laws, if applicable.

(5) A Kentucky child labor law poster regarding hours of work permitted, for a juvenile fourteen (14) to seventeen (17) years of age, shall be posted in a conspicuous place in the facility.

(6) Medical documentation for a juvenile who participates in a work program, indicating that the juvenile is physically capable of performing the required work, shall be maintained in the juvenile's individual medical record.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for allowances and work detail for juveniles in youth development centers and group homes.
History: 49 Ky.R. 250; eff. 3-5-2024.

505 KAR 1:300 Juvenile records and information {#sec-505-kar-1-300 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:300}

Section 1. Confidentiality.

(1) Staff, consultants, contract personnel, interns, and volunteers shall keep juvenile records and information confidential pursuant to KRS 15A.0651, 610.320, and 610.340. Staff, consultants, contract personnel, interns, and volunteers shall not seek information beyond that needed to perform their responsibilities. All staff, consultants, contract personnel, interns, and volunteers shall sign a confidentiality/security form as a condition of employment or providing services.

(2) If another juvenile must be identified in a juvenile's case record for any reason, the juvenile's name shall be identified by first name and initial of the last name only.

(3) A juvenile or a juvenile's parent or guardian shall make a written request for the juvenile's records to the offender information administrator.

(4) Others seeking to access juvenile records shall make a request in writing to the open records coordinator at the address on the department Web site at https://djj.ky.gov/Pages/ index.aspx at the records request page.

Section 2. Juvenile Records. A record shall be kept for each juvenile committed to, in the custody of, or in placement with DJJ, which shall include the following:

(1) Court documents, including authority to accept, release, or discharge;

(2) Initial intake information;

(3) Photograph;

(4) Biographical data, including:

(a) A birth certificate, if available;

(b) The Social Security card, if available; and

(5) Juvenile personal property inventory;

(6) Any grievances filed by or about the juvenile;

(7) Assessment data, including case history or social history, if available;

(8) Alternative to Secure Detention Program data, if applicable;

(9) All incident reports involving the juvenile;

(10) Any IIB report in which the juvenile was the alleged victim;

(11) Behavior contracts;

(12) Release summary for any release;

(13) Records of any DJJ previous detainment;

(14) Education records, including:

(a) Individual learning plan; and

(b) Education grades and credits;

(15) Disciplinary records;

(16) Transfer records;

(17) If the juvenile is a youthful offender:

(a) Resident record card;

(b) Pre-sentence investigation;

(18) Information regarding co-defendants, emergency protective orders, security threat group affiliation, and other known conflicts; and

(19) Emergency medical information, such as the need for an EPEE Pen or steroid inhaler. All other medical information shall be in the medical record only.

Section 3. Medical Record. The juvenile's medical record shall be maintained separately.

Section 4. Transfer of Records. All records, including medical records, regarding the juvenile shall be available electronically or transferred to any facility to which the juvenile is transferred.

Section 5. Victim Information and Notification Everyday (VINE). For youthful offenders, the statutorily required information shall be entered into the VINE system so that victims are notified of the juvenile's location.

Section 6. Security Threat Groups.

(1) The department shall identify juveniles active or associated with security threat groups and monitor the STGs for the purpose of maintaining institutional safety.

(2) All information regarding STGs shall be considered confidential and used only for official department or law enforcement purposes.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for juvenile records and information maintained by the department.
History: 50 Ky.R. 251; eff. 3-5-2024.

505 KAR 1:310 Leave, releases, and furloughs {#sec-505-kar-1-310 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:310}

Section 1.

(1) Supervised off-grounds activities, day releases, furloughs, and approved leave for emergencies may be permitted to meet the treatment objectives of public offenders who are in custody. Authorized leave may be granted for youthful offenders consistent with the requirements of KRS 439.600.

(2) Eligibility for day releases and furloughs shall be consistent with the juvenile's track. At a minimum, the plan for day releases and furloughs consistent with the assigned track shall be as follows:

(a) Misdemeanor track – one (1) day release and one (1) weekend furlough or up to seventy-two (72) hours.

(b) Felony track – one (1) day release and two (2) weekend furloughs or up to seventy-two (72) hours for each approved furlough.

(d) A juvenile probated as a YO but committed as a public offender shall be eligible for day release and furlough as stated in paragraphs (a) – (c) of this subsection.

(3) Off-grounds activities, day releases, and furloughs shall be used for public offenders, unless extenuating circumstances exist or the treatment team determines that the use of furloughs is contraindicated in assisting the juvenile in achieving treatment goals.

(4) A juvenile assigned to a Level 4 facility may be eligible for individual or group off-grounds activities, community activities, day releases, or furloughs with approval of the division director.

(5) The juvenile's treatment team shall recommend a day release or furlough only after the juvenile achieves progress level, excluding medical and emergency furloughs. Day passes may be issued for a juvenile obtaining progress level. A juvenile shall not be furlough eligible until the last week of progress level.

(6) Planning for day releases and furloughs shall be discussed during aftercare planning at the initial treatment planning meeting.

Section 2. Day Releases.

(1) For day releases to the parent or caregiver the following shall occur:

(a) If the day release will include the juvenile visiting their home, the home evaluation shall be updated if the preliminary home evaluation was not conducted within the past six (6) months.

(b) The juvenile and parent or caregiver shall sign and receive a copy of the day release agreement incorporated by reference in this administrative regulation.

(d) The unescorted day release of a youthful offender shall require approval of the commissioner or designee consistent with the provision of KRS 439.600.

(e) Declared juvenile sexual offenders shall only be approved for a day release, furlough, or emergency leave by the treatment team.

(2) For day releases for education or work release, the following shall occur:

(a) Program procedures may allow for a juvenile's participation in unescorted leave for employment or school programs.

(b) Approvals shall be requested for unescorted day releases for ongoing educational or career related activities on an individual basis.

(3) The conditions of the day release and documentation shall be given to the juvenile prior to the day release.

Section 3. Furloughs.

(1) Prior to a juvenile being approved for furlough, the following shall occur:

(a) An updated home evaluation on the proposed furlough residence shall be completed;

(b) A furlough agreement shall be developed and approval obtained prior to a furlough;

(c) The juvenile and parent or caregiver shall have the furlough agreement explained to them. The juvenile and parent or caregiver shall sign and receive a copy of the furlough agreement and shall receive furlough documentation to accompany them during the furlough.

(d) If the juvenile is a youthful offender, a furlough request shall be submitted to the commissioner for final approval of the furlough.

(e) Furlough time for a declared juvenile sex offender, prior to program completion, shall be considered on a case-by-case basis and shall not exceed ten (10) days. A reassessment shall be completed for the declared juvenile sex offender prior to furlough, unless the furlough is less than thirty (30) days and the juvenile is expected to return to the facility after the furlough.

(2) While on furlough, the juvenile shall comply with the requirements of the furlough agreement and maintain daily contact with the facility as required in the furlough agreement.

(3) A furlough shall be planned in a manner that the juvenile's educational needs continue to be met by facility educational staff, including scheduling furloughs around weekends and holidays. Educational staff may also lengthen school days during the week to allow the juvenile to go on furlough on a Friday or Monday, provided all local educational requirements continue to be met.

(4) Furloughs to out-of-state locations shall be pursuant to the DJJ interstate compact policies incorporated by reference in 505 KAR 1:190.

Section 4. Medical Furloughs.

(1) Medical furloughs for juveniles in a youth development center and group home shall be requested for approval.

(2) A medical furlough of a youthful offender may be authorized as provided in KRS 439.600.

(3) A medical furlough shall be governed by a written medical furlough agreement, which shall outline the length of the medical furlough and behavioral expectations of the juvenile during the medical furlough.

(4) The medical furlough agreement shall be signed by the juvenile and parent or caregiver before the juvenile is placed on medical furlough.

(5) A copy of the signed agreement shall be given to the juvenile and parent or caregiver supervising the juvenile during the medical furlough.

(6) Medical furloughs shall be granted for the duration specified by the juvenile's attending physician and approved by director of medical services.

Section 5. Emergency Furlough.

(1) The circumstances of the emergency shall be verified before an emergency furlough request is submitted for approval.

(2) An emergency furlough shall not exceed more than seven (7) consecutive days without authorization from the commissioner or designee.

(3) The emergency furlough for a youthful offender shall only be approved as provided in KRS 439.600. Prior to the emergency furlough of a youthful offender, a written request shall be submitted to the facility manager requesting final approval of the emergency furlough.

(4) The juvenile and parent or caregiver shall have the emergency furlough agreement explained to them. The juvenile and parent or caregiver shall sign and receive a copy of the emergency furlough agreement and shall receive documentation to accompany them during the emergency furlough.

(5) During the emergency furlough period, contact shall be maintained with the juvenile and parent or caregiver.

(6) For the critical illness or death of an immediate family member, the juvenile may be allowed to go to the bedside under escort or alone, if statutes and circumstances allow. The procedures for emergency furlough shall be followed.

Section 6. Non-Compliance. If a juvenile is not compliant with the agreement during a day release, medical furlough, emergency furlough, or furlough, the following shall occur:

(1) The day release, medical furlough, emergency furlough, or furlough may be cancelled at any time due to the juvenile's non-compliance with the agreements or other significant factors related to the juvenile's status in the program.

(2) If a violation or circumstance occurs that would result in cancellation of the release or furlough, the following shall apply:

(a) If the juvenile is with the parent or caregiver, the parent or caregiver shall notify the JSW and youth counselor of the alleged violation or circumstance.

(b) A commissioner's warrant shall be used to facilitate the return of a juvenile to the designated facility when the juvenile is absent without leave while on furlough or day release.

Section 7. Leave from a Detention Center.

(1) Escorted leaves for the purpose of obtaining necessary medical, dental, or mental health care shall require authorization from the facility manager and shall not require an order of the court. All other escorted leaves shall require a written court order.

(2) Transport during an escorted leave shall be conducted in accordance with 505 KAR 1:220.

(3) Unescorted leave for any purpose shall occur only upon written order of the court.

Section 8. Release from Detention.

(1) A juvenile released on medication shall be provided a minimum of three (3) days medication supply.

(2) A juvenile in an alternative to secure detention program shall not be required to be physically returned to the detention center to be processed for release upon receipt of a court order authorizing the juvenile's release.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Day Release Agreement", 2023; and

(b) "Furlough Agreement", 2023.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, 439.600, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirements for leaves, releases, and furloughs for juveniles in the custody of the department.
History: 50 Ky.R. 253, 1095; eff. 3-5-2024.

505 KAR 1:320 Library services {#sec-505-kar-1-320 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:320}

Section 1.

(1) Each Department of Juvenile Justice facility shall maintain a library or have organized participation in a local library service.

(2) Rules for the library or use of a local library service shall be:

(a) Posted;

(b) Placed in the handbook; or

Section 2.

(1) Juveniles shall have access to reading materials in their assigned rooms; exceptions may be made for safety and security concerns.

(2) A juvenile shall take care of loaned library material and may be required to pay for the replacement of lost or damaged library.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirement for library services for juveniles in the custody of the department.
History: 50 Ky.R. 256; eff, 3-5-2024.

505 KAR 1:330 Personal property, dress, and clothing and bedding supply {#sec-505-kar-1-330 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:330}

Section 1. Personal Property

(1) At intake, staff shall take inventory of personal belongings of the juvenile and the juvenile and staff shall sign the personal property inventory. The juvenile shall receive a copy of the inventory, the original shall be maintained in the individual client record, and a copy shall be maintained with the property.

(2) The facility shall provide the juvenile with written information, in the juvenile orientation handbook or otherwise, concerning the property that may remain in the juvenile's possession.

(a) A juvenile in a juvenile detention center may have the following:

Letters;
Court papers;
Photos with no nudity, revealing clothes, or gang signs;
Religious book, e.g. Bible, Quran;
School work or certificates.

(b) A juvenile in a youth development center or group home may have the following:

Letters;
Court papers;
Photos with no nudity, revealing clothes, or gang signs;
Religious book, e.g. Bible, Quran; and
School work or certificates;
Treatment work;
Personal journals;
Watch; and
At least one set of personal clothes including shirt, pants, and shoes.

(3) The youth's parent or caregiver shall be advised of the personal items needed or permitted at the facility.

(4) Items and clothes that are inappropriate pursuant to the dress code in Section 3(5) of this administrative regulation shall be stored or returned to the parent or caregiver.

(5) Property Disposal.

(a) After thirty (30) days, the juvenile's personal account shall be used to send unpermitted property to the juvenile's parent or caregiver with delivery confirmation; or

(b) If the juvenile does not have sufficient funds to send the property, the facility shall incur the cost of delivery to the parent or caregiver with delivery confirmation.

(6) The inventory shall be updated and signed by the youth as items are added or removed.

(7) Inventoried items shall be signed for and returned to the juvenile, upon release from the custody of DJJ.

(8) Personal belongings of a juvenile absent without leave or on escape status shall be stored and retained by the program for thirty (30) days following the AWOL or escape incident.

Section 2. Lost or Stolen Property.

(1) If a juvenile reports that personal property has been stolen or is lost and the report is substantiated, the juvenile shall be reimbursed.

(2) The maximum cost of replacement or repair shall be limited to the following:

(a) Blouse or shirt twenty-five (25) dollars;

(b) Skirt or trousers thirty (30) dollars;

(d) T-shirt ten (10) dollars;

(e) Dress forty (40) dollars;

(f) Coat or jacket seventy-five (75) dollars;

(g) Shoes fifty (50) dollars;

(h) Jewelry seventy-five (75) dollars;

(i) Electronic devices and accessories $100; and

(j) Other items shall be evaluated on a per item basis.

(3) Approval of reimbursement for property that is in the possession of the juvenile shall be based upon the facts of each situation.

Section 3. Clothing.

(1) DJJ shall ensure a juvenile is provided required clothing.

(2) A facility shall provide for the thorough cleaning and, if necessary, disinfecting of a juvenile's personal clothing before storage or before allowing the juvenile to keep and wear personal clothing.

(3) A facility shall allow for clean socks and underwear daily and a minimum of three (3) sets of clean clothing per week, and more often if necessary, depending on activities and weather conditions. Clothing shall be properly fitted and climatically suitable.

(4) Provision shall be made for the issuance of special and, if appropriate, protective clothing and equipment to a juvenile assigned to food service, a technical program, and a work experience program. If standard issue clothing presents a security risk, the juvenile shall be supplied with a security garment.

(5) Dress code.

(a) The dress code shall be contained in the juvenile orientation handbook and explained to each juvenile upon admission.

(b) A juvenile's clothing shall be proper in size and shall reflect a neat and well-groomed appearance.

(c) Clothing that displays profanity or sexual lewdness or conveys a message contrary to the treatment goals of the juvenile and facility shall be prohibited.

(d) Clothing that is identified with gangs, including the way it is worn, shall be prohibited. A facility may prohibit specific colors of clothing that are associated with a gang.

(e) State issued clothing shall be provided to a juvenile in a detention center.

(f) A juvenile in a YDC or group home may wear personal clothing, uniforms, or a combination thereof that is consistent with the requirements of the facility.

(g) A juvenile may be subject to discipline for failure to abide by the established dress code.

(6) Discharge. At discharge, an inventory of facility-issued clothing shall be made. The facility shall assess the basic clothing needs of the juvenile, and may allow the juvenile to retain state-issued clothing, as needed, with approval from the facility manager.

Section 4. Bedding. A residential facility shall provide clean bed linens weekly and clean towels and wash cloths at least three (3) times per week.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 200.115, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes personal property limitations and requirements for clothes and bedding for juvenile detention centers, youth development centers, and group homes.
History: 50 Ky.R. 257, 1098; eff. .3-5-2024.

505 KAR 1:340 Recreation {#sec-505-kar-1-340 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:340}

Section 1. Juvenile Facilities.

(1) Juveniles shall have one (1) hour of large muscle exercise and one (1) hour of planned exercise or constructive leisure time activity during school days with an additional one (1) hour of exercise or constructive leisure time activity each day on weekends and holidays.

(2) A variety of fixed and movable equipment for indoor and outdoor recreation shall be provided and may include the following: bats, balls, pool sticks, and horseshoes. Free weights shall be prohibited in detention centers.

(3) A juvenile shall not participate in water sports unless a certified lifeguard is present. An approved life jacket shall be worn for activities occurring on natural waters.

(4) A juvenile who is restricted from activity by medical staff shall not participate until medically released. If a juvenile is unable to participate in the planned recreational activity due to a medical limitation, another recreational activity shall be arranged for that juvenile in consultation with medical staff for a juvenile in a detention center, YDC, or group home, or with a parent or caregiver for youth at a day treatment program.

(5) Physical exercise shall not be used as punishment or discipline.

(6) Recreation shall be counted separately from a physical education class. One shall not be used to replace the other.

Section 2. Ratings.

(1) A movie with a rating of restricted ("R") or higher shall be prohibited. A movie with a rating of parental guidance ("PG-13") shall require approval from the facility manager or designee before being viewed.

(2) A television (TV) show with a rating of "Mature" or higher shall be prohibited. A TV show with a rating of parental guidance ("TV 14") shall require approval from the facility manager or designee before being viewed.

(3) A video game with a rating of "Mature" or higher shall be prohibited. A video game with a rating of "Teen" shall require approval from the facility manager or designee before being viewed.

(4) Music with lyrics that are profane, violent, sexually explicit, or gang-related shall be prohibited.

Section 3. Isolation, Protective Custody and Room Confinement. Special efforts shall be made to provide daily physical exercise for juveniles in isolation, protective custody, and room confinement. If a juvenile is placed in any of these during a scheduled recreation time, an alternative recreation activity that provides one (1) hour of large muscle activity shall be offered. The alternative recreation activity may be conducted in the area in which the juvenile is confined.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for recreation in juvenile detention centers, youth development centers, and group homes.
History: 50 Ky.R. 259, 1100; eff. 3-5-2024.

505 KAR 1:350 Religious practice {#sec-505-kar-1-350 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:350}

Section 1. Religious Practice.

(1) A juvenile in custody may engage in the religious practices of the juvenile's faith. A juvenile shall not be discriminated against based on the juvenile's religious belief or practice.

(2) DJJ shall provide a juvenile the opportunity to participate in the practices of the juvenile's faith unless it is a threat to the safety of persons involved in the activity or the safety of the facility, the activity disrupts order in the facility or interferes with the treatment goals of the juvenile, or is not available.

(3) A juvenile's participation in religious activities shall be voluntary. A juvenile shall not be penalized for not participating in religious activities.

(4) A juvenile may designate any or no religious preference and indicate any religious accommodation needed upon intake to a facility or any time while a juvenile resides at the facility. A juvenile shall not be harassed or ridiculed because of a religious designation or coerced toward a religious designation.

Section 2. Religious Designation.

(1) Religious designation documentation shall be in writing, signed, and dated by the juvenile and DJJ staff receiving the designation.

(2) A juvenile shall submit a request to change the juvenile's religious designation in writing.

(3) Once a religious designation has been made, another designation cannot be made for ninety (90) days.

Section 3. Religious Accommodation Request.

(1) A juvenile may request a religious item or practice that is not available at the facility, including a religious dietary accommodation.

(2) A religious accommodation request shall be in writing, signed, and dated by the juvenile and DJJ staff receiving the accommodation request.

(3) The religious accommodation request shall explain the item or practice wanted.

(4) A decision regarding the accommodation request shall be made in writing within seven (7) business days from the date that it was received by DJJ staff.

(5) Appeal. A juvenile may appeal an accommodation request that is denied.

(a) The appeal shall be made in writing and given to the religious program coordinator or facility manager within five (5) days after the receipt of the denial.

(b) The facility religious program coordinator or facility manager shall submit the appeal to the commissioner for review and disposition within three (3) business days from receipt from the juvenile.

Section 4. Religious Items.

(1) A juvenile may possess items essential to the practice of the juvenile's particular religious faith, if the item is allowed pursuant to Section 1(2) of this administrative regulation.

(2) A religious item shall be subject to review before entering the facility through the accommodation process.

(a) Once an item has been approved, if money is available in the juvenile's account, the juvenile may pay for the item;

(b)

If money is not available in the juvenile's account, the facility religious program coordinator shall consult the parent or caregiver to discuss payment for the item; or
The agency religious program coordinator shall consult community religious resources for a request for a religious item for an indigent juvenile.

Section 5. Religious Contacts and Visits.

(1) A juvenile may have a visit from a personal minister, pastor, or religious counselor who has been designated by the juvenile and is on the approved visitor's list at scheduled times and other times as approved by the facility manager or designee.

(2) If a juvenile requests assistance in obtaining a religious counselor, the agency religious program coordinator or the facility religious program coordinator shall provide assistance to the juvenile in finding a religious counselor.

(3) A juvenile may decline a visit with a personal minister, pastor, or religious counselor.

(4) A juvenile shall be allowed to have confidential verbal communications with clergy. Written correspondence shall be subject to the security inspection outlined in 505 KAR 1:380.

Section 6. Volunteer minister, pastor, or religious counselors.

(1) A volunteer minister, pastor, or religious counselor, approved by the facility religious program coordinator, shall have access to each area of the facility identified for religious programming. DJJ staff shall not serve as a volunteer minister, pastor, or religious counselor in the facility at which the staff member works.

(2) A volunteer minister, pastor, or religious counselor, approved by the facility religious program coordinator, shall comply with KRS 15A.0651, 610.320, and 610.340 regarding the confidentiality of juvenile information.

History

RELATES TO: KRS 15A.065, 15A.0651, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 610.320, 610.340, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes religious practice procedures for juveniles in the custody of the department.
History: 50 Ky.R. 261, 1101; eff. 3-5-2024.

505 KAR 1:360 Searches {#sec-505-kar-1-360 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:360}

Section 1. Routine Searches.

(1) All juveniles and their possessions shall be subject to a routine search at any time. All searches shall be documented.

(2) A routine search of the person may include:

(a) A pat down search;

(b) Scanning with a metal wand;

(d) Whole body imaging.

(3) Staff shall provide the individual being searched with verbal instructions for the type of search being used.

(4) If possible, searches shall be conducted by same gender staff. Cross-gender searches shall only be conducted under exigent circumstances and shall be documented.

(5) Pat down search. Staff shall have the youth remove shoes, jackets, sweaters, gloves, and hats and staff shall inspect these items. Staff shall visually check the juvenile's hair, ears, nose, mouth, and under tongue.

(6) An incident report shall be completed if contraband is discovered.

Section 2. Strip Search.

(1) Reasonable suspicion that a juvenile may be concealing contraband shall exist prior to the authorization of a strip search.

(2) Authorization shall be required by the facility manager and director of medical services prior to a strip search.

(3) An incident report shall be completed that includes the reasonable suspicion for the strip search.

Section 3. Body Cavity Searches.

(1) Outside medical providers shall be the only individuals authorized to conduct a body cavity search. Reasonable suspicion that a juvenile may be concealing contraband in a body cavity shall exist prior to the authorization of a body cavity search.

(2) Authorization shall be required by the facility manager and director of medical services prior to a body cavity search.

(3) An incident report shall be completed that includes the reasonable suspicion for the body cavity search and the identity of the outside medical provider who conducted the search.

Section 4. Visitors.

(1) All visitors and their possessions shall be subject to search.

(2) If any visitor refuses to submit to a search, the visitor shall be denied entry.

(3) A visitor who leaves the visitation area shall be subject to search upon reentry.

(4) Each facility shall have a sign posted, in a visible location on the grounds of the facility, to advise all persons that it is a violation of Kentucky law to bring weapons, intoxicants, drugs, and other contraband onto the grounds or into the premises.

Section 5. Whole Body Scanning.

(1) Any juvenile, staff, or visitor that is pregnant, has a disability, requires reasonable accommodation, or is otherwise unable to be scanned shall be searched by other means when entering a facility.

(2) If possible and absent exigent circumstances, body scans of juveniles, staff, and visitors shall be conducted by an operator of the same sex.

(3) The images generated by the system may only be viewed by the operator unless the person scanned is believed to be in possession of contraband or the operator observes anything unusual about the scan, then the image may be viewed by the facility facility manager, designated investigative staff as assigned by the facility manager, and outside law enforcement agencies as appropriate. Something unusual may include a bulge in a location that would not normally have a bulge, an obvious metal object, or other variation from a normal scan that the operator would recognize as out of the ordinary from a clear scan from training.

(4) Staff and visitors who refuse to be scanned without a medical exemption provided in advance may be denied entry into an institution pending further investigation into the refusal.

(5) Juveniles who refuse to be scanned or attempt to manipulate or interrupt the scanning process and remain uncooperative may be issued a disciplinary report.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes search parameters.
History: 50 Ky.R. 263, 1103; eff. 3-5-2024.

505 KAR 1:370 Treatment {#sec-505-kar-1-370 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:370}

Section 1. Treatment Plans.

(1) An individual treatment plan and aftercare plan shall be developed, implemented, reviewed, and updated as needed for each juvenile committed to the department. The juvenile and parent or caregiver shall be allowed input into the treatment plan.

(2) The ITP shall be informed by the juvenile's risk and needs assessments.

(3) If present and identified as a need area on the needs assessment, primary criminogenic needs of attitudes, personality, and relationships shall be given priority in treatment plan goal and task development to reduce recidivism.

(4) If present and identified as a need area on the needs or risk assessments, secondary criminogenic needs such as low levels of achievement and satisfaction in school or at work, substance abuse, parenting or caregiver problems, and lack of involvement in prosocial leisure and recreation opportunities shall also be addressed in treatment plan goal and task development.

(5) The treatment plan may address responsivity issues.

(6) The treatment plan shall address court ordered treatment or if the youth is a declared juvenile sex offender.

(7) The aftercare plan shall address housing, counseling, and medical service needs and may include education and employment needs. The juvenile and parent or caregiver shall be allowed input into the aftercare plan.

Section 2. Treatment Team.

(1) A juvenile in a youth development center or group home shall have a designated treatment team to review, update, and implement the juvenile's individual treatment plan.

(2) The treatment team shall be responsible for making all treatment decisions regarding a juvenile.

(3) The treatment team shall meet regularly with a juvenile.

(4) A juvenile shall participate in the treatment team meeting for major treatment decisions, including level movement, ITP, and placement planning. If appropriate, the treatment team shall go to the juvenile if the youth is unable to physically attend the meeting.

Section 3. Family Engagement. Each program shall maintain regular contact with the juvenile's parent or caregiver, including the initial individual treatment planning conference, family counseling sessions, and behavioral issues.

Section 4. Track and Level System.

(1) A juvenile in a youth development center or group home shall be placed in a misdemeanor or felony track. Each track shall include a level system that addresses the juvenile's criminogenic needs associated with the risk to reoffend and be designed to provide a structured way for measuring progression toward treatment goals.

(2) A declared juvenile sexual offender shall receive treatment as outlined in 505 KAR 1:160 instead of through the track system.

Section 5. Misdemeanor or Felony Track.

(1) Each track shall contain four (4) levels: Orientation Level, Learning Level, Progress Level, and Graduation Level. A juvenile may be required to complete a Refocus Phase or Behavioral Revocation Unit (BRU) Refocus Phase separate from the levels to focus on disruptive behavior or thinking that has caused a barrier for ITP progression.

(2) The misdemeanor track maximum out-of-home timeframe shall be 120 days and may be completed earlier dependent upon the juvenile's progression through the levels.

(3) The felony track maximum out-of-home timeframe shall be 240 days and may be completed earlier dependent upon the juvenile's progression through the levels. For Youthful Offenders, the length of time in the Progress Level shall depend on individual treatment needs, offense severity, and length of sentence.

(4) The maximum out-of-home timeframes for misdemeanor and Class D felony adjudications shall comply with KRS 15A.0652. Any time spent in an out-of-home placement shall count toward the maximum out-of-home time allowed by statute.

(5) If out-of-home placement beyond the maximum timeframes is determined to be necessary for completion of treatment, a request for extension shall be submitted to the Administrative Transfer Request Committee. The ATR Committee may approve an extension after review of the facts and circumstances warranting the need for continued out-of-home placement. The maximum time the out-of-home placement may be extended is the maximum originally allowed under KRS 15A.0652 (3)(d)(1) and (2) and the total period of commitment shall not exceed that permitted under KRS 635.060.

Section 6. Levels.

(1) Movement through each level shall be determined by:

(a) Completion of level requirements;

(b) Behavioral compliance; and

(c) Completion of individual treatment plan tasks containing selected evidence-based practices to address criminogenic needs associated with the risk to reoffend, and the prosocial application of those tasks in daily life.

(2) Service delivery may be altered for a juvenile who has a cognitive, developmental, or physical disability to assist with successful progression through each level. A juvenile's progression through the levels shall not be extended due to a disability.

(3) A juvenile shall be assigned to the Orientation Level at admission. To advance to Learning Level, the juvenile shall successfully accomplish the following:

(a) Know and use staff and peer names;

(b) Participate in ITP meeting;

(d) Complete self-analysis assignment;

(e) Invite parent or guardian to ITP meeting;

(f) Complete Orientation Treatment Plan initial goals;

(g) Participate in developing educational and vocational goals;

(h) Become familiar with chores, living and employability skills, and educational and vocational programming;

(i) If assigned by counselor, begin to participate in treatment programming; and

(j) Begin discussing re-entry planning with treatment team.

(4) Learning Level. To advance to the Progress Level, a juvenile on Learning Level shall:

(a) Learn and work on ITP goals;

(b) Participate in educational and vocational requirements;

(d) Demonstrate appropriate social skills and problem-solving skills;

(e) Identify high risk thoughts, patterns of behavior, or negative peers and form positive relationships;

(f) Begin to demonstrate initiative, continue appropriate hygiene, and completion of chores;

(g) Complete treatment presentation to JSW and family;

(h) Participate in living and employability skills;

(i) Participate in discussions with treatment team about re-entry plan; and

(j) Begin discussion of the juvenile's actions that resulted in residential placement.

(5) Progress Level.

(a) A juvenile on Progress Level may be eligible for day passes. A juvenile on Progress Level shall only be eligible for furlough during the last week of this level.

(b) The discharge planning conference shall be conducted and the aftercare plan shall be completed while on this level.

Consistently practice socially acceptable behavior;
Exhibit increased initiative (doing things without being told);
Consistently exhibit helpful interactions with peers, staff, and family. Treat others with dignity and respect;
Be able to discuss the progress made on each of the juvenile's goals and action steps;
Be able to handle increased privileges and responsibilities;
Demonstrate consistent work in treatment programming and modeling skills learned in daily interactions;
Begin to strengthen positive community support systems and further develop the aftercare plan;
Complete treatment presentation/demonstration to JSW and family on new skills learned;
Continue to build educational and vocational skills and progress in these goal areas;
Demonstrate motivation and pro-social qualities in living and employability skills;
Begin discussion of successful living/relapse prevention plan with support system; and
Demonstrate responsible behavior.

(6) Graduation Level. To successfully complete the Graduation Level, the juvenile shall:

(a) Demonstrate increased motivation to make good decisions;

(b) Show positive, consistent behavior demonstrating role model qualities;

(d) Be able to discuss how community interaction and peer interaction will be a factor when going home;

(e) Present successful living/relapse prevention plan to treatment team and support system;

(f) Identify and discuss with family, needs for success and support;

(g) Finalize or develop plan for continuing education or vocational learning;

(h) Be on track to complete treatment programming assigned by counselor;

(i) Show motivation and pro-social qualities when participating in living and employability skills;

(j) Become familiar with and show ability to follow aftercare conditions and expectations;

(k) If requested and approved by treatment team, successfully complete day pass; and

(l) Finalize re-entry plan with treatment team.

(7) Refocus Phase and BRU Refocus Phase.

(a) A juvenile may be placed on Refocus Phase as a result of a penalty slip through the disciplinary review process or the treatment team may place a juvenile on Refocus Phase for disciplinary reasons aside from the juvenile not progressing in treatment.

On Refocus Phase, a juvenile shall not complete any treatment goals or action steps listed on the ITP.
To return to the previous level, a juvenile must complete treatment assignments and expectations as directed by the treatment team.

(b) A juvenile may be placed on BRU Refocus Phase as a result of a revocation.

A juvenile on BRU Refocus Phase shall participate in living and employability skills, appropriate social interactions with peers and staff, and educational and vocational learning.
A juvenile on BRU Refocus Phase shall follow the Orientation Level for responsibilities and privileges.

Section 7. Administrative Transfers.

(1) A juvenile being stepped up within the level of placement continuum due to a major rule violation shall be placed at the beginning of the Orientation Level at the receiving facility for stabilization and assessment. The juvenile's ITP shall be reviewed and updated, if necessary, to reflect the ATR.

(2) Except as otherwise provided, a juvenile being moved within the level of placement continuum shall be observed for evaluation and orientation to the facility. Within fourteen (14) days, the juvenile shall be returned to their previous facility level, unless otherwise determined by the treatment team.

(3) If the treatment team anticipates an extension of the out-of-home timeframes set in KRS 15A.0652, an ATR shall be requested twenty-one (21) days prior to the projected release date.

Section 8. Extension of Out-of-Home Placement Timeframes for YDC and Group Home. If an extension of out-of-home placement is requested, one of the following criteria shall be present and documented in the Administrative Transfer Request (ATR):

(1) Safety concerns for the community or juvenile exist based on current behavior;

(2) The pending outcome of a Department of Community Based Services (DCBS) investigation on the proposed placement residence, if no other community residence is viable;

(3) The pending outcome of an Interstate Compact referral for a proposed home evaluation or courtesy supervision, if no other community residence is available;

(4) Further out-of-home placement is necessary for completion of treatment;

(5) The juvenile requests extension due to being fearful to return to the community based on historical threats of violence or retaliation from community acquaintances;

(6) The juvenile requests extension for educational purposes or independent living arrangements not to exceed thirty (30) days; and

(7) The occurrence of a revocation of supervised placement as a result of the issuance of the decision letter from the Director of Community and Mental Health Services for detention or placement.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for the treatment of juveniles in the custody of the department.
History: 50 Ky.R. 265; eff. 3-5-2024.

505 KAR 1:380 Mail, visiting, and telephone use {#sec-505-kar-1-380 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:380}

Section 1. Mail.

(1) Notification that mail is subject to search and inspection shall be given to the juvenile and mailed to the juvenile's parent or caregiver within twenty-four (24) hours of admission.

(2) If a juvenile bears the mailing cost, there shall not be a limit on the volume of letters a juvenile may send or receive.

(3) A juvenile shall be allowed to mail five (5) first class letters each week, at no cost to the juvenile. The juvenile shall be allowed unlimited postage to contact juvenile's attorney. The postage allowance shall not be transferable to another juvenile.

(4) Mail received by the facility for the juvenile shall not be held more than twenty-four (24) hours, and packages shall not be held more than forty-eight (48) hours, excluding weekends and holidays. In an emergency situation in which normal facility procedure, policy, or activity is disrupted due to riot, escape, fire, natural disaster, employee action, or other serious incident, mail shall be delivered according to schedule when normal procedure and activity is restored.

(5) A first class letter or a package received for a juvenile who has been transferred or released shall be forwarded to the address designated by the juvenile or to the receiving facility. If there is no forwarding address, it shall be returned to the sender.

(6) A juvenile may send and receive a sealed, first class letter to and from court, counsel, and officials of DJJ or the Justice and Public Safety Cabinet, as well as those individuals on their approved mail list.

(a) Staff, in the presence of the juvenile, may inspect outgoing mail for contraband before it is sealed; and

(b) Mail received by the juvenile, from those listed in this subsection, shall be opened only to inspect for contraband and only in the presence of the juvenile, unless waived in writing, marked as not privileged by the sender, or in circumstances that may indicate contamination.

(7) Mail shall be given to the facility manager for a restriction determination, if the mail:

(a) Is marked with gang signs, symbols, or writing on the envelope;

(b) Is from a parent or other individual with a no contact order; or

(8) Cash, checks, or money orders shall be removed from incoming mail and deposited in the juvenile's personal account with a receipt given to the juvenile.

(9) The treatment team shall assess the appropriateness of publications received by a juvenile on a case-by-case basis. Restrictions to access shall be directly related to the maintenance of facility order, treatment, or security.

(10) The facility manager or designee shall notify the juvenile in writing if a mail restriction has occurred or a mail item has been returned.

(11) A facility shall inform a juvenile at orientation of the hours and procedures for mail and procedures regarding the approved senders list.

Section 2. Telephone Use.

(1) Telephone services available for a juvenile shall be reasonably priced with rates and charges commensurate with those charged to the general public for like services.

(2) A juvenile with a hearing or speech disability shall be given access to a Telecommunications Device for the Deaf or comparable equipment.

(3) A facility shall notify a juvenile at orientation of the hours and procedures for telephone access and procedures regarding the approved callers list.

(4) A juvenile shall require approval to make a telephone call.

(5) Procedures for access to the telephone may relate to the progress of the juvenile, as demonstrated by advancement through the level system, except calls to and from the juvenile's legal representative, juvenile service worker, or parent or guardian.

(6) A juvenile shall be permitted phone contact with a parent or caregiver not less than once per week, unless the facility manager determines there is a threat to facility order, treatment, or security.

(7) A juvenile shall be permitted phone contact with their attorney as needed, but the timing of the contact may be impacted by operational issues.

(8) Calls may be monitored, except calls to and from the juvenile's legal representative.

(9) Any telephone messages shall be transmitted to a juvenile as soon as practicable, but within twenty-four (24) hours.

Section 3. In Person Visitation.

(1) Visitation information shall be communicated to the juvenile and parent or caregiver within seventy-two (72) hours of admission.

(2) A juvenile shall have an approved visitors list.

(3) A secure program may retain the visitor's ID as the visitor signs in.

(4) A visitor of a juvenile shall be subject to search.

(5) Dress. A visitor shall be appropriately dressed. Lewd, revealing, transparent, gang affiliated, drug or alcohol affiliated, or offensive clothing, or any apparel that conveys a message contrary to treatment goals shall not be worn.

(6) Visitation suspension. Visitation suspension shall be approved by the facility manager or designee. Temporary suspension of visitation may occur for a juvenile or visitor due to a facility disruption or to support treatment goals as follows:

(a) For a visitor:

The visitor shall be notified of the suspension, in writing, within five (5) business days of the suspension determination; and
This notification shall include the conditions under which the suspension of visitation may be lifted.

(b) For a juvenile:

The juvenile shall be notified of the suspension;
This notice shall include the conditions under which the suspension of visitation may be lifted; and
Notification of the suspension shall be sent to the juvenile and parent or caregiver.

The temporary suspension shall require recommendation by the treatment team; and
Notification of the suspension shall be sent to the parent or caregiver.

(7) A visitor may be excluded from contact with a juvenile and the facility for the following reasons:

(a) Involvement in the juvenile's offense;

(b) Posing a threat to the safety of the juvenile or the security of the facility;

(d) Appearing intoxicated or under the influence of drugs; or

(e) Facility documentation of a substantiated disruption during a previous visitation.

(8) Denial of visitation privileges shall be documented in writing. A copy of the denial and justification shall be sent to the excluded individual within five (5) business days of the denial determination.

(9) If available, teleconferencing or video conferencing may be coordinated by the juvenile's counselor with the juvenile service worker as a means for the parent or caregiver to contact the juvenile.

Section 4. Approved List.

(1) A person that a juvenile may correspond with, telephone, or see for a visit shall be on the list approved by the facility manager or designee in consultation with the treatment team. The list shall include:

(a) Immediate family members;

(b) Guardian;

(d) Attorney; and

(e) Religious counselor.

(2) Factors to be considered in approving a person for the list shall include:

(a) Treatment progress or disruption; and

(b) Safety or security of the juvenile, others, or the facility.

(3) An attorney shall not be disapproved except for introduction of contraband or other safety or security issue.

(4) Once approved, the superintendent and treatment team may exclude a person on the list based on a treatment or safety and security issue.

(5) An approved visitor shall provide the visitor's own transportation for visits.

Section 5. Group Visits.

(1) Any juvenile shall be permitted visitation from individuals representing organizations in the community.

(2)

(a) Group visits shall be limited to those groups who have a legitimate, beneficial purpose for the juvenile or facility; and

(b) Each individual within a group shall be subject to the same requirements established for individual visitation.

(3) A group wishing to schedule a visit to a facility or a specific juvenile shall require advance approval from the facility manager.

(a) A group shall provide a written request for a visit, at least fourteen (14) days in advance, to the facility manager or designee for review. The request shall include:

The name of each person who intends to visit;
The purpose of the visit;
The primary contact for the group with phone number and email address; and
The juveniles whom the group intends to visit by description or name, if the group does not intend the visit to include all juveniles in the facility.

(b) The facility manager or designee may request additional information from the group prior to a decision concerning the visit.

(c) The facility manager or designee shall send a notice of the decision concerning the visit to the group primary contact at least five (5) days prior to the requested visit.

(4) A juvenile may refuse to visit with the group.

(5) A group that has been previously approved to visit may request a visit with seven (7) days' notice.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements and procedures for mail, visitation, and telephone use for juveniles in juvenile detention centers, youth development centers, and group homes.
History: 50 Ky.R. 268, 1105; eff. 3-5-2024.

505 KAR 1:390 Juvenile accounts and youth activity fund account {#sec-505-kar-1-390 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:390}

Section 1. Juvenile Accounts for Juvenile Detention Centers, Youth Development Centers, and Group Homes.

(1) A juvenile may have a personal financial account. The personal account shall be maintained by the DJJ facility in an account at a local bank or other financial depository. A juvenile's individual funds received from allowance, work detail, work release, and money sent to a juvenile from outside the facility shall be deposited in the juvenile's account. If any interest is earned from the bank on the account, it shall become part of the Youth Activity Fund account and used for the benefit of the juveniles.

(2) A juvenile may request a statement of deposits and expenditures for the juvenile's individual account on a periodic basis.

(3) If a juvenile has sufficient funds in the juvenile's personal account to meet the minimum deposit requirements for the outside bank at which the youth activity fund account is maintained, the juvenile may open an interest-bearing personal account at the bank. The parent or guardian of the juvenile shall be responsible for opening and maintaining the bank account for the juvenile. A juvenile shall be given notice when his or her funds are sufficient to permit the juvenile to establish a personal account.

Section 2. Youth Activity Fund Account.

(1) Each facility operated by the department shall establish an account with a local bank or other financial depository. This account shall be called the youth activity fund account. The facility shall deposit all funds earned through work projects, sales of articles produced by juveniles, and private donations received by a facility into the youth activity fund account. The funds shall be used for the benefit of the juveniles in general.

(2) The facility shall maintain an adequate accounting system to ensure an accurate accounting of the funds deposited in the youth activities fund account.

Section 3. Trustees and Management.

(1) The facility manager shall serve as primary trustee of the facility's youth activity fund account. The facility's office coordinator shall be the secondary trustee. The facility manager may designate a third trustee. The final trustee shall be the non-governmental accounts contact person in the fiscal branch.

(2) All checks written from the activity fund account shall require signatures from two (2) trustees.

(3) Bank statements for each account shall be reconciled monthly.

(4) The facility shall maintain a ledger for the youth activity funds. The ledger shall record receipts, disbursements, and maintain a positive balance.

(5) All disbursements of the fund shall be covered by a sufficient balance in the account at the time of expending or obligating. All disbursements from the account shall be properly documented with a receipt or invoice and have two-party verification. Disbursements shall not be made in cash.

(6) The youth activity account fund shall not be used for disbursements for items or services for staff.

(7) If for any reason the facility or program discontinues operation or discontinues the youth activity fund, the assets of the fund shall be frozen with no new activity obligations. Any remaining balance shall be assigned to the youth activity fund at another facility or program.

History

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes requirements for the youth activity fund for department facilities and juvenile personal funds accounts for juvenile detention centers, youth development centers, and group homes.
History: 50 Ky.R. 270, 1107; eff. 3-5-2024.

505 KAR 1:400 Behavior management and progressive discipline {#sec-505-kar-1-400 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:400}

Section 1. General Provisions.

(1) A juvenile shall be made aware of the rules of the facility and the discipline imposed for violating these rules upon admission or as part of the orientation process. The rules and progressive discipline shall also be included in the handbook and conspicuously posted in the facility. Material shall either be written or interpreted to ensure understanding by the juvenile. Foreign language interpretation shall be provided for the juvenile if a language barrier exists.

(2) Discipline shall not:

(a) Be used as a means to demonstrate a staff member's authority over a juvenile;

(b) Be physically abusive, verbally abusive, or used to dehumanize or humiliate a juvenile;

(d) Include the use of restraints.

Section 2. Incentives.

(1) A juvenile in the custody of the department who demonstrates compliance with the rules shall earn appropriate and available incentives. For incentives, staff shall set goals for juveniles to meet individually or as a group to qualify for an incentive. Eligible juveniles shall be informed of the goal required for the incentive by providing the information in writing, posting it, or being informed orally.

(2) Incentives may include:

(a) Extra recreation time;

(b) Special events participation;

(d) Extra movie;

(e) Additional television time;

(f) Group recreation;

(g) Additional telephone time;

(h) Computer time;

(i) Additional time on a favorite project:

(j) Special visits with siblings and significant others;

(k) Wearing personal clothing at a designated time, but not in detention centers;

(l) Special snacks;

(m) Ability to purchase items from the canteen; and

(n) Other rewards that are suitable for the juvenile's level or facility.

(3) For youth development centers and group homes, incentives may include field trips or additional community contacts if appropriate. These incentives shall be consistent with the treatment level expectations in 505 KAR 1:370, and require recommendation from the treatment team, approval from the facility manager or designee, and facilities regional administrator.

Section 3. Minor Rule Violations.

(1) Consequences for a minor rule violation shall be an immediate response to a juvenile's behavior and not require a disciplinary review. Discipline shall be reasonably time-limited.

(2) A minor rule violation shall include the following:

(a) Minor destruction of property (including tampering with property);

(b) Bullying;

(d) Horseplaying;

(e) Racism, prejudice, or sexist comment of any kind;

(f) Showing, writing, or demonstrating gang signs or affiliations in any fashion;

(g) Unauthorized trading, lending, or borrowing between juveniles;

(h) Tattooing oneself or others;

(i) Inappropriate sexual behavior (to include gestures, comments, or sexually acting out); and

(j) Other similarly minor violations of other rules posted at or provided to a juvenile at a facility.

(3) Discipline for a minor rule violation may include:

(a) Removal of a privilege;

(b) Loss of an activity;

(d) Removal from the group;

(e) Placement on a behavior contract;

(f) Written treatment assignments; and

(g) Use of staff directed time out.

Section 4. Major Rule Violations for Detention, Youth Development Centers, and Group Homes.

(1) If a juvenile engages in behavior that is a major rule violation, the juvenile shall be issued a penalty slip within twenty-four (24) hours of the violation or once staff becomes aware of the violation.

(2) A major rule violation shall include the following:

(a) Escape;

(b) Attempted escape, plotting, or assisting in escape;

(d) Major property damage;

(e) Possession of contraband;

(f) Physical restraint;

(g) Riot or inciting a riot;

(h) Theft;

(i) Unauthorized use of drugs, alcohol, intoxicants, or unauthorized use of medication;

(j) Chronic program disruption; and

(k) Commission of any crime under Kentucky law.

Section 5. Loss of Privileges. A juvenile may lose privileges by failing to comply with department and facility rules. Privileges may include:

(1) Television time;

(2) Group recreation;

(3) Telephone time;

(4) Computer time;

(5) Gaming system time;

(6) Music listening time;

(7) Room time;

(8) Group movie night;

(9) Games; and

(10) Other privileges suitable for the juvenile's level or facility.

Section 6. Time-out. If a juvenile is placed in a staff directed time out:

(1) The time out shall not exceed sixty (60) minutes;

(2) The door shall not be shut;

(3) The juvenile shall participate in determining the end of the timeout; and

(4) Upon completion of the time out period, the juvenile shall discuss the situation with a staff member.

Section 7. Intensive Room Supervision.

(1) Intensive room supervision shall only be used:

(a) For a juvenile who is showing or expressing a behavior that is a safety or security threat to the program;

(b) As a less restrictive attempt to avoid a locked isolation placement; or

(2) Intensive room supervision shall not last longer than four (4) hours without authorization of the facility manager or administrative duty officer, and shall not exceed twenty-four (24) hours.

(3) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior; and

(b) Is no longer a threat to the security, safety, or orderly management of the facility.

(4) Intensive room supervision shall not apply to a group home or day treatment program.

Section 8. Room Restriction.

(1) Room restriction shall not exceed twelve (12) hours, without authorization of the facility manager or ADO, and shall not exceed twenty-four (24) hours.

(2) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior;

(b) Is acting according to the terms of the plan for release; and

(3) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released from room restriction.

(4) In a juvenile detention center and Level 4 YDC, the door shall be shut, but not locked for room restriction. In a group home or other YDC, the door shall be open.

(5) A superintendent, YSPS, or YWS, if on duty at the facility, shall visit each juvenile each day.

(6) If the juvenile's behavior has escalated beyond the staff's ability to control the juvenile by counseling or disciplinary measures, the regional psychologist or designee shall conduct interviews and assessment for disturbances in the juvenile's mental status including: depression;

(a) Suicidal ideation;

(b) Impaired thought processes, cognition, or memory;

(d) Paranoia;

(e) Self-injurious behavior;

(f) Evidence of bruises; or

(g) Other signs of trauma.

(7) If a juvenile exhibits deterioration in mental status during room restriction, the regional psychologist shall be contacted to determine the most appropriate action based on the treatment needs of the youth.

(8) The juvenile shall receive a visit from the facility nurse or health trained staff, unless medical attention is needed more frequently.

(9) The juvenile in room restriction shall be afforded living conditions and privileges approximating those available to the general population including modified access to recreation, educational, and treatment services taking into consideration the juvenile's and facility's safety and security needs.

(10) The juvenile shall be responsible for the daily cleaning of the juvenile's living area while in room restriction.

(11) Room restriction shall not be used for protective custody. If protective custody is required, the juvenile shall be moved to a safe location within the facility or DJJ.

Section 9. Room Confinement.

(1) Room confinement shall only be used in a Level 4 YDC or juvenile detention center for de-escalation and as a less restrictive placement for a juvenile who is showing or expressing a behavior that could warrant an isolation placement.

(2) It shall only be used during operational hours when a counselor is present.

(3) During room confinement, the door shall be shut and locked.

(4) Room confinement shall not last longer than four (4) hours and the juvenile shall not be placed on room confinement more than one (1) time in a twenty-four (24) hour period.

(5) At initial placement and within two (2) hours of placement on room confinement, a professional review shall be conducted by a juvenile counselor or the Treatment Director with the juvenile to counsel the juvenile and plan for release to the general population.

(6) When a juvenile is placed in room confinement, a plan for release of the juvenile from room confinement shall be made. The plan shall:

(a) State the behavioral expectations required for release from room confinement;

(b) Be explained to the juvenile by staff; and

(c) Be signed by the juvenile. If a juvenile refuses to sign, the plan shall be explained orally by a non-involved staff member and witnessed by a third party.

(7) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior;

(b) Is acting according to the terms of the plan for release; and

(8) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released from room confinement.

(9) Room confinement shall only apply to a Level 4 youth development center and a juvenile detention center.

Section 10. Unit Restriction.

(1) Unit restriction shall not exceed forty-eight (48) hours without a disciplinary review being conducted by the treatment team.

(2) The door shall not be locked.

(3) When a juvenile is placed in unit restriction, a plan for release of the juvenile from unit restriction shall be made. The plan shall:

(a) State the behavioral expectations required for release from unit restriction;

(b) Be explained to the juvenile by staff; and

(c) Be signed by the juvenile. If a juvenile refuses to sign, the plan shall be explained orally by a non-involved staff member and witnessed by a third party.

(4) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior;

(b) Is acting according to the terms of the plan for release; and

(5) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released from unit restriction.

Section 11. Unit Confinement.

(1) Unit confinement shall not exceed five (5) days without a disciplinary review being conducted by the treatment team.

(2) The unit door shall be locked.

(3) If a juvenile is placed in unit confinement, a plan for release of the juvenile from unit confinement shall be made. The plan shall:

(a) State the behavioral expectations required for release from unit confinement;

(b) Be explained to the juvenile by staff; and

(c) Be signed by the juvenile. If a juvenile refuses to sign, the plan shall be explained orally by a non-involved staff member and witnessed by a third party.

(4) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior;

(b) Is acting according to the terms of the plan for release; and

(5) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released from unit confinement.

Section 12. Facility Restriction.

(1) Facility restriction shall not exceed forty-eight (48) hours without a disciplinary review being conducted by the treatment team.

(2) If a juvenile is placed in facility restriction, a plan for release of the juvenile from facility restriction shall be made. The plan shall:

(a) State the behavioral expectations required for release from facility restriction;

(b) Be explained to the juvenile by staff; and

(c) Be signed by the juvenile. If a juvenile refuses to sign, the plan shall be explained orally by a non-involved staff member and witnessed by a third party.

(3) Release criteria shall include whether the juvenile:

(a) Has regained control of their behavior;

(b) Is acting according to the terms of the plan for release; and

(4) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released from facility restriction.

Section 13. Isolation may only be used in juvenile detention centers and YDCs and shall require approval from the facility manager, shift supervisor, or other designee prior to use. If prior authorization cannot be obtained without jeopardizing safety and security, authorization shall be obtained immediately following the safe securing of the juvenile. Facilities shall follow proper time limits if using isolation as discipline as established in 505 KAR 1:410.

Section 14. Safety and Security Responses. Approved safety and security responses shall not be used as punishment and shall only be imposed if there is a threat to the overall safety and orderly operation of the facility. Approved safety and security responses may include room, unit or facility lockdown. The lockdown shall last until the security threat has passed. Unit lockdown and facility lockdown shall only apply to juvenile detention centers and level 4 YDCs.

Section 15. Dangerous or Chronic Behavior.

(1) For YDCs and group homes, the treatment team shall develop an individual program plan for a juvenile with assaultive behavior, chronic program disruption, or who presents a danger to themselves or others.

(2) The facility manager or shift supervisor may order immediate separation of a juvenile from the general population to allow for individualized attention for the behaviors in subsection (1) of this section. The treatment director shall be consulted immediately.

(3) Separation from the general population beyond twenty-four (24) hours shall require approval by the facility manager and the treatment director. The chief of mental health services and regional psychologist shall be consulted.

(4) This action shall be reviewed by the treatment team within seventy-two (72) hours.

(5) A juvenile shall be returned to their original status once the expectations stated in the IPP are met.

Section 16. Investigation.

(1) An investigation shall be conducted for all alleged major rule violations that occur at a juvenile detention center, youth development center, or group home.

(2) A juvenile who violates a major rule at a detention center, YDC, or group home shall be given a penalty slip with a disciplinary review notice, the alleged violation, and any immediate actions taken by staff to control and de-escalate the situation.

Section 17. Disciplinary Review.

(1) A disciplinary review for a major rule violation shall be conducted in aYDC, GH, or detention centers by the disciplinary review committee within five (5) business days after the penalty slip is issued.

(2) Postponement of the review may occur if there is justifiable cause.

(3) The juvenile shall be given written notice of the disciplinary review at least twenty-four (24) hours prior to the disciplinary review, unless the juvenile:

(a) Signs a waiver to allow the review to take place sooner; or

(b) Has waived the right to a review.

(4) The juvenile shall be present during the disciplinary review unless the juvenile's behavior justifies exclusion or the juvenile waived the right to be present. The juvenile may be excluded during testimony of any juvenile whose statement is given in confidence.

(5) A staff member may represent the juvenile at the disciplinary review if the juvenile requests the representation or if the juvenile is incapable of self-representation.

(6) The juvenile may make a statement, present evidence, or request witnesses on the juvenile's behalf.

(7) The disciplinary review determination shall be based solely on all of the information obtained during the disciplinary review process including staff reports; the statements of the juvenile charged with the violation; evidence derived from witnesses, records, or other sources; and any impact that a disability may have on the juvenile's behavior.

(8) At the disciplinary review, the violation may be removed from the juvenile's file if it is determined that the violation did not occur. Discipline may be imposed against the juvenile in compliance with this administrative regulation, if it is determined that the violation occurred.

Section 18. Violation Decision.

(1) The discipline to be imposed shall be determined during the disciplinary review.

(2) The treatment team or disciplinary review committee shall determine the appropriate progressive discipline to be imposed based on the frequency, length, and gravity of the violation, the juvenile's acceptance of responsibility and attempts to correct the behavior, current or previous behavioral health concerns, and other recent violations. Gravity shall be considered the most significant category as it relates to the protection of the juvenile, staff, and facility. Priority shall be given to facility and juvenile safety. All discipline shall be logical, proportional, timely, and consistent with the juvenile's individual treatment plan.

(3) Except for detention centers, a juvenile who does not complete required discipline shall advance through the level system in 505 KAR 1:370, but shall not be eligible for development or demonstration level privileges until discipline is complete.

(4) The treatment team or disciplinary review committee shall be responsible for making all treatment decisions regarding a juvenile in response to the major rule violation, changes in the ITP, or recommendation for transfer.

Section 19. Disciplinary Review Appeal.

(1) A juvenile may appeal a disciplinary review decision within fourteen (14) days of receipt of the treatment team's or disciplinary review committee's decision. The appeal shall be in writing to the facility manager. The facility manager shall make a decision on the appeal within thirty (30) days of receipt.

(2) If the facility manager reverses the treatment team's or disciplinary review committee's decision and finds that the juvenile is not responsible for any or all of the alleged rule infractions, the assigned consequences shall be ordered lifted or adjusted accordingly. The incident or disciplinary report shall be removed from the juvenile's individual client record.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the procedures for the use of incentives and progressive discipline for juveniles in department facilities.
History: 50 Ky.R.272, 1109; eff. 3-5-2024.

505 KAR 1:410 Restrictive housing and protective custody {#sec-505-kar-1-410 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:410}

Section 1. General Provisions.

(1) Restrictive housing means the removal of a juvenile from the general population and placement in a room with the door closed and secured due to a direct and clear threat to the safety or security of the facility, staff, the juvenile, or other juveniles. The juvenile's personal items may be removed, including the mattress and bed linen. A mattress and bed linen shall be returned to the juvenile during normal sleeping hours unless the juvenile uses the mattress or linen to obstruct the view into the room or to obstruct the view of the in-room camera, attempts to destroy the mattress or linen, is on suicide watch pursuant to 505 KAR 1:120, or otherwise uses the mattress or linen in a manner that creates a safety risk to the juvenile, other juveniles, or facility.

(2) Any reference to isolation in 505 KAR Chapter 1 or any DJJPP shall be interpreted to be a reference to restrictive housing.

(3) Restrictive Housing shall only apply to juveniles in juvenile detention centers and youth development centers.

(4) Restrictive housing shall only be used for behavior management. Restrictive housing shall not be used for punishment, staff convenience, or minor rule violations.

(5) Restrictive housing shall only be used for a direct and clear threat to the safety or security of the facility, staff,juvenile, or other juveniles , and only where less restrictive interventions have failed or cannot be safely implemented. Direct and clear threats include:

(a) Assault or attempted assault;

(b) Sexual assault or attempted sexual assault;

(d) Escape;

(e) Participating in a riot;

(f) Planning a riot;

(g) Possessing dangerous contraband as defined by KRS 520.010(3);

(h) Causing extensive property damage; or

(i) Any other serious or violent behavior that compromises the safety and security of residents or staff.

(6) The authorizations and visits in Section 2 and administrative reviews in Section 3(6) of this administrative regulation shall besuspended from 8:00 p.m. to 6:00 a.m., and any delayed action shall occur within two (2) hours of 6:00 a.m. If the juvenile is asleep, he or she shallnot be disturbed for those purposes.

(7) Prior to going into restrictive housing, the direct and clear threat shall be explained to the juvenile and an opportunity provided for the juvenile to explain the behavior. The juvenile's statement shall be contemporaneously documented on the incident report. The release criteria in the plan shall state the behavioral expectations required for release, be explained to the juvenile, and be signed by the juvenile. If the juvenile is at the time unwilling or unable to sign, the juvenile's signature is not required, and staff shall indicate in writing such unwillingness or inability.

(8) Staff shall make direct visual contact with the juvenile at staggered intervals not to exceed fifteen (15) minutes, and if the juvenile is awake, staff shall determine if the juvenile is in compliance with the plan for release. These checks shall be contemporaneously documented on an observation log.

(9) If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the shift supervisor or above shall return the juvenile to the general population as soon as practicable. The time of release and the identity of the person releasing shall be documented contemporaneously on an observation log.

(10)

(a) If the juvenile continues to demonstrate negative or concerning behaviors and does not respond to reasonable redirection and guidance from staff, or the juvenile's behavior escalates or is beyond control, a qualified mental health professional (QMHP) shall be contacted as soon as possible by the administrative duty officer (ADO), youth services program specialist (YSPS), or superintendent but in no event not more than one (1) hour after the conduct occurs.

(b) The QMHP shall assess the juvenile to determine if acute psychiatric symptoms are contributing to the juvenile's behavior. Acute psychiatric symptoms include suicidal ideation, homicidal ideation, plan orintent to engage in self-injurious behaviors, mood disturbance, psychosis, thought-disordered thinking, symptoms associated with previous trauma or other signs of severe psychological distress.

(11) If at any time a juvenile exhibits deterioration in mental status during a restrictive housing placement, including by failing to respond, by their statements, by their refusal to eat, or by their refusal to perform personal hygiene as observed by staff during the fifteen (15) minute checks, a QMHP shall be contacted immediately to determine the most appropriate action based on the treatment needs of the juvenile. The contact and the person making the contact shall be contemporaneously documented in an observation log.

(12) The juvenile shall be afforded living conditions and privileges approximating those available to the general population including modified access to recreation, educational, and treatment services, taking into consideration the safety and security of the juvenile and the facility. All services shall be contemporaneously documented on a services log. Any adjustments shall be documented, including the reason for the change.

(13) The juvenile shall be responsible for keeping their room clean while in restrictive housing.

Section 2. Authorizations.

(1) Initial authorization shall be obtained from the facility superintendent, YSPS, ADO, or shift supervisor prior to placing a juvenile in restrictive housing placement and documented. If prior authorization cannot be obtained without jeopardizing the safety or security of the facility, staff, or juvenile, authorization shall be obtained immediately following the safe securing of the juvenile, but in no event not more than one (1) hour.

(2) An initial restrictive housing placement shall not exceed four (4) hours.

(3) An extension beyond an initial four (4) hour period, not to exceed eight (8) hours, shall only be granted after the superintendent or the ADO has visited with the juvenile to determine if the juvenile can comply with the plan for release. These visits and the specific behaviors noted shall be contemporaneously documented on an observation log. If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released. If not, the extension shall be approved and shall be contemporaneously documented on an observation log with the reason for the extension.

(4) An extension of a restrictive housing placement beyond eight (8) hours, and for each four (4) hour extension up to twenty-four (24) hours, shall require approval of the executive director. The decision shall only be made after the superintendent or the ADO has visited with the juvenile to determine if the juvenile can comply with the plan for release. These visits and the specific behaviors noted shall be documented contemporaneously on an observation log. If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released. If not, the extension shall be approved and shall be contemporaneously documented on an observation log with the reason for the extension, and additional approval shall be obtained every four (4) hours.

(5) An extension of a restrictive housing placement beyond twenty-four (24) hours, and for each four (4) hour extension up to forty-eight (48) hours, shall require the approval of the Commissioner after consulting with the mental health authority or designee only after review and approval of the executive director. The executive director shall decide only after the superintendent or the ADO has visited with the juvenile to determine if the juvenile can comply with the plan for release and the mental health assessment has been done as set out in Section 3(5) of this administrative regulation. These visits and the specific behaviors noted shall be documented contemporaneously on an observation log. If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released. If not, the extension shall be approved and shall be contemporaneously documented on an observation log with the reason for the extension, and additional approval shall be obtained every four (4) hours.

(6) An extension of a restrictive housing placement beyond forty-eight (48) hours, and for each four (4) hour extension up to seventy-two (72) hours, shall require the approval of the cabinet secretary or designee after consulting with the mental health authority only after review and approval of the commissioner and the executive director. The commissioner and executive director shall decide only after the superintendent or ADO has visited with the juvenile to determine if the juvenile can comply with the plan for release and the mental health assessment has been done as set out in Section 3(5) of this administrative regulation. These visits and the specific behaviors noted shall be contemporaneously documented on an observation log. If the juvenile is under reasonable control and demonstrating behavior according to the terms of the plan for release, the juvenile shall be released. If not, the extension shall be approved and shall be contemporaneously documented on an observation log with the reason for the extension, additional approval shall be obtained every four (4) hours, and appropriate mental health treatment shall be provided.

(7) A restrictive housing placement shall not exceed seventy-two (72) hours or three (3) days. If grounds meriting restrictive housing placement are present after three (3) days, a special management plan modifying any treatment plan authorized by 505 KAR 1:120 to account for the placement status shall be created by a QMHP. The mental health authority and the commissioner shall evaluate whether a mental health hospitalization of the juvenile should be pursued.

Section 3. Visits and Assessments.

(1) The facility nurse shall be consulted as soon as possible, or within one (1) hour of placement, to determine if there are medical contraindications for the juvenile being placed in restrictive housing and this consultation shall be documented on an observation log.

(2) The facility nurse shall assess juveniles placed in restrictive housing as soon as possible, but in no event later than one (1) hour.

(3) Injuries, bruises or scratches, and observations shall be noted by a minimum of two (2) staff and photographed by staff who were not involved in the incident. The nurse shall document the date, time, and results of the assessment.

(4) The juvenile shall receive a visit from the facility nurse every twenty-four (24) hours unless medical attention is needed more frequently. The visit shall be documented contemporaneously in an observation log.

(5) If a juvenile's direct and clear threatbehavior lasts twenty-four (24) hours, a QMHP shall assess the juvenile no less than every twelve (12) hours. Any treatment provided shall be documented contemporaneously in the juvenile's medical record.

(6) An administrative review shall be conducted and documented by a facility superintendent, ADO, YSPS, counselor, or shift supervisor within four (4) hours of placement in restrictive housing, and a reassessment shall be done at each shift change or a minimum of eight (8) hours, thereafter, to determine the juvenile's readiness for release. The reviews shall be completed by a staff member not involved in the incident. If a prior room restriction, intensive room supervision, or room confinement placement was not successful and a restrictive housing placement was started, this review shall take place as soon as the restrictive housing protocol has started.

(7) Juveniles in restrictive housing shall be visited at least once every twenty-four (24) hours by the superintendent or ADO, medical staff, and clinical or social work staff. A juvenile may request a visit from a member of the clergy, if available. All visits with the juvenile during placement on restrictive housing shall be documented contemporaneously on an observation log and services log.

Section 4. Documentation.

(1) All documentation shall be legible.

(2) When a juvenile is removed from the general population and placed on restrictive housing, a restrictive housing packet shall be started and shall include:

(a) An incident report;

(b) A services log;

(d) An observation log and addendum;

(e) A plan for release; and

(f) Any professional oradministrative reviews.

(3) An incident report shall include:

(a) That restrictive housing be indicated on the incident report;

(b) The juvenile's explanation of the juvenile's behavior or statement , if any.

(c) The name and title of the staff requesting and authorizing the initial placement and the transition to restrictive housing or extension, and the time approval was requested and received;

(d) The reason for the placement with specific detail about how the juvenile presents a risk to safety and security or orderly facility operations;

(e) The duration of the placement; and

(f) The reason for each extension request, the reason the request was granted or denied, and the duration of the extension.

(4) A plan for release shall:

(a) Be authored by the staff in conjunction with the shift supervisor;

(b) State the behavior expectation for release from the room placement;

(d) Be signed by the juvenile. If a juvenile refuses to sign, the plan shall be explained orally by a noninvolved staff member and witnessed by a third party;

(e) Include specific behaviors related to the incident necessary for the juvenile to obtain release such as:

Regaining control of their behavior;
The ability to interact in a calm manner; and
No longer being a direct and clear threat to the security, safety, or orderly management of the facility.

(f) Not include generalized attitude without specific behaviors listed. Failure to clean the room shall not be the sole grounds to deny release.

(5) Observation log.

(a) Behavioral observations shall be documented in an observation log and the shift supervisor shall be notified of any medical or behavioral health issues that would warrant immediate attention for follow-up.

(b) The observations shall include the youth's comments and any credible threats as observed by staff familiar with the youth's behavior.

(d) The time of the release and the person releasing shall be contemporaneously documented in an observation log.

(6) A services log shall document all services provided to the juvenile while in room restriction including recreation, education, meals, and counseling.

(7) The documentation shall be placed in the juvenile's individual client record.

Section 5. Restrictive housing for suicidal juveniles.

(1) Restrictive housing shall not be used as a suicide precaution.

(2) A juvenile who is suicidal may only be placed in restrictive housing if the juvenile presents an immediate assault risk to staff or other juveniles as evidenced by physical actions and other less restrictive interventions have failed or are not appropriate. All other suicide protocols shall be followed.

Section 6. Protective Custody.

(1) Restrictive housing shall not be used for protective custody.

(2) A juvenile requiring protection from others may be placed in protective custody until alternative permanent housing is found within the facility or the juvenile is transferred to another facility.

(3) The superintendent or designee may order immediate placement in protective custody if it is necessary to protect the juvenile from harm. This action shall be reviewed every twenty-four (24) hours of placement by the superintendent or designee. Separation from the general population beyond twenty-four (24) hours shall require approval by the superintendent who shall consider any mental health issues of the juvenile. The mental health authority and a QMHP shall be consulted by the superintendent. The action shall be reviewed by amultidisciplinary team, composed of at least a DJJ corrections officer or youth worker, the juvenile's counselor, health care staff, and the superintendent or designee, within seventy-two (72) hours to decide on alternative permanent housing.

(4) A youth development center treatment team may develop a special management plan to assure the safety of and continuous services and programming for the juvenile.

Section 7. Restrictive Housing for juveniles under 18 U.S.C. § 5043.

(1) If a juvenile is in DJJ custody while being proceeded against in federal district court under 18 U.S.C. § 5043, then a QMHP shall evaluate that juvenile if the juvenile is placed in a restrictive housing placement for three (3) hours.

(2) If the QMHP's evaluation indicates that continued placement in restrictive housing is necessary, then staff shall refer the juvenile to a hospital for admission and treatment.

History

RELATES TO: KRS 15A.065, 15A.0652, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.0652, 605.150, 635.095, 640.120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.0652, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes procedures for restrictive housing and protective custody in juvenile detention centers and youth development centers.
History: 505 KAR 001:410. 50 Ky.R. 276, 1113; eff. 3-5-2024; 52 Ky.R. 881, 1363, 1526; eff. 6-2-2026.

505 KAR 1:420 Youthful offenders {#sec-505-kar-1-420 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:420}

Section 1. Sentence, Admission, Transfer.

(1) A youthful offender sentenced to confinement by a circuit court shall serve the sentence in a DJJ operated facility, or approved or contracted facility, until one (1) of the events listed in KRS 640.030 occurs.

(2) A youthful offender convicted and awaiting classification placement shall:

(a) Be placed within sixty (60) days of sentencing;

(b) Have contact from a DJJ representative at least once per week while in a non-DJJ detention facility; and

(3) A youthful offender shall be advised verbally and in writing, and sign an acknowledgement regarding the requirements of KRS 640.070 upon admission. A program shall provide foreign language interpretation of the materials for the youthful offender if a language barrier exists.

(4) Placement of a youthful offender shall be in accordance with the Classification and Placement Manual incorporated by reference in 505 KAR 1:100.

(5) If a youthful offender is transferred to another facility, a new copy of the KRS 640.070 acknowledgement shall be signed by the youthful offender.

(6) DJJ shall not extend jurisdiction for a youthful offender beyond the age of eighteen (18) years and five (5) months except in special circumstances as described by KRS 640.075(1).

Section 2. Educational Good Time.

(1) Sentence credits for education shall be awarded in accordance with KRS 197.045(1)(a)(2) for a youthful offender. A youthful offender shall receive ninety (90) days sentence credit for:

(a) Successful completion of the following education:

High school equivalency diploma;
High school diploma;
Two (2) or four (4) year degree from an accredited college or university;
Career or technical education program approved by the department; or
Two (2) or four (4) year degree from an accredited college or university online or by correspondence approved by the department;

(b) Successfully completing a drug treatment or other evidenced based program approved by the department; or

(c) Successfully completing a civics education program that requires passing a final exam approved or offered by the department.

(2) A list of department approved courses shall be available on the department Web site and posted at each facility in an area accessible to juveniles.

(3) Education sentence credit shall not be awarded for:

(a) An individual course;

(b) A certificate;

(d) Degree from an unapproved correspondence course provider;

(e) Degree from non-accredited entity; or

(f) Any program not approved by the department.

Section 3. Meritorious Good Time.

(1) A youthful offender shall be considered for meritorious good time monthly to determine eligibility.

(2) If a youthful offender was absent without leave or was adjudicated or convicted of an additional felony that occurred while in a DJJ residential program, the six (6) month period following the return to the program from AWOL status or conviction of another felony shall not be considered for an award of meritorious good time.

(3) Once an award period has been reviewed, future awards shall not include any previously considered time period.

(4) Youthful offenders may be awarded meritorious good time for each full calendar month served. Meritorious good time may be awarded on jail or detention time or parole violation time. Partial months shall not be considered for award amounts.

(5) Facility time shall be calculated in full month increments only and shall not be added to jail or detention credit or parole violation time.

Section 4. Extraordinary Meritorious Good Time.

(1) A youthful offender may be considered for extraordinary meritorious good time pursuant to KRS 197.045(1)(b)3.

(2) A youthful offender may be nominated for extraordinary meritorious good time by a staff person. The nomination shall be in writing and describe in detail the exceptional service performed by the youthful offender and the emergency. The written nomination shall be provided to the offender information administrator.

(3) The offender information administrator shall submit the completed nomination to the commissioner for a decision concerning extraordinary meritorious good time. The commissioner may request additional information before making a decision concerning the nomination.

(4) Offender information staff shall credit to the youthful offender's sentence any extraordinary meritorious good time awarded by the commissioner. The document approving the extraordinary meritorious good time shall be maintained in the offender management system or individual client record.

Section 5. Victim Information and Notification Everyday.

(1) A crime victim may register to be notified, if a youthful offender is absent without leave or has escaped, reaches sentence serve-out, or has a court-ordered release.

(2) Registering by the victim or members of the public in VINE shall be voluntary and confidential.

(3) A person shall be registered to receive electronic notification. The person may register:

(a) Electronically using the Web site, www.vinelink.com; or

(b) By calling the toll-free VINE line at 800-511-1670.

(4) A convicted youthful offender shall be added to the VINE database no later than the day of initial placement by the classification branch, and in the event of a change in custody status, the change shall be entered.

History

RELATES TO: KRS 15A.065, 15A.0652, 15A.067, 196.280, 197.045, 200.080-200.120, 439.265, 439.267, Chapters 600-645
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.100(7), 640.120, 645.250
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirements for youthful offenders in the custody of the department.
History: 50 Ky.R. 278, 1115; eff. 3-5-2024.

Chapter 2 Juvenile Detention Facilities

505 KAR 2:010 Definitions {#sec-505-kar-2-010 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:010}

Section 1. Definitions. The following definitions shall apply in this chapter:

(1) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition are supported by evidence.

(2) "Admission" means the point of entry into a program; during admission processing the juvenile receives an orientation to the goals of the program and program rules and regulations. Assignment to living quarters and to appropriate staff members shall also be completed at this time.

(3) "Agency" means the unit of a governing authority which has direct responsibility for the operation of a juvenile detention center program, including the implementation of policy as set by the governing authority.

(4) "Agency administrator" means the jailer or the administrative officer appointed by the governing authority that is responsible for all operations of the agency and all related programs placed under control of the agency.

(5) "Casework" means the function of the caseworker, social worker, or other professional in providing services to the juvenile.

(6) "Chronic care" means health care provided to patients over a long period of time.

(7) "Cocorrectional facility" means an institution designed to house both male and female juveniles.

(8) "Code of ethics" means a set of rules describing acceptable standards of conduct for all employees.

(9) "Community resources" means those social and welfare agencies, service clubs, citizen interest groups, self-help groups, and citizen volunteers who have the potential to assist juveniles.

(10) "Contraband" means any item possessed by juveniles or found within the facility that is illegal by law or that is expressly prohibited by those legally charged with the responsibility for administration and operation of the facility or program.

(11) "Corporal punishment" means any act of inflicting punishment directly on the body, causing pain or injury.

(12) "Detention" means the care of a youth who requires custody in a physically restricting facility or program.

(13) "Dispositional hearing" means a hearing held subsequent to the adjudicatory hearing in order to determine what order of disposition should be made concerning any adjudicated child.

(14) "Dormitory" means any room sleeping more than five (5) juveniles.

(15) "Educational program" means a program of formal academic education or a vocational training activity designed to improve the juvenile's employment capability.

(16) "Emergency care" means care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call.

(17) "Environmental health" means all the conditions, circumstances, and surrounding influences that affect the health of persons or groups required to be in the area.

(18) "Facility" means a place, an institution, a building or part thereof, set of buildings, or an area, whether or not enclosing a building or set of buildings, which is used for the lawful custody and treatment of youths and may be owned or operated by public or private agencies.

(19) "First aid" means care for a condition that requires immediate assistance from a person trained in first aid care and the use of the facility's first aid kits.

(20) "Governing authority" means for public or governmental agencies, the administrative department or division to which the agency reports; it is the policy-setting body. For private agencies, this may be an administrative headquarters or central unit, or the board of directors or trustees.

(21) "Grievance" means a circumstance or action made by a youth which is considered to be unjust and grounds for complaint or resentment.

(22) "Handicapped youth" means a person with a mental or physical impediment or disadvantage that restricts that person's ability to utilize programs or services.

(23) "Holidays" means all days legally designated as nonworkdays by statute or by the governing authority.

(24) "Information system" means the collection, organization, and delivery of information for administrative use.

(25) "Independent outside source" means a person qualified by license, education, or experience to examine a condition or service. To be considered independent, the examiner shall not be in the employment of the facility being inspected. An auditor or inspector examining a program or condition within a community center may not be an employee of that center and still be considered independent.

(26) "Juvenile" means a person under the age of eighteen (18) and shall mean the same as "child" defined in KRS 600.020(5).

(27) "Juvenile court" means the juvenile session of the district court.

(28) "Life safety code" means a manual published and updated by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest including corrections facilities.

(29) "Official personnel file" means a current and accurate record of the employee's job history, including all important information relating to that history.

(30) "Parent" means the biological or adoptive mother or father of a youth.

(31) "Person exercising similar custodial control or supervision" means a person who has assumed the role and responsibility of a parent or guardian for the youth, but who does not necessarily have legal custody of the youth.

(32) "Physical examination" means a thorough evaluation of a patient's current physical condition and medical histories conducted by, or under the supervision of, a licensed professional.

(33) "Placing authority" means that court or agency with the authority to order a juvenile into a specific placement. This may be the juvenile court, the Department of Juvenile Justice, or other duly constituted and authorized placement agency.

(34) "Policy" means a definite, stated course or method of action that guides and determines present and future decisions and activities. A policy is a statement of principles that guides the agency in the attainment of objectives. To comply with a standard that requires a policy for a certain area, there shall be not only a written policy, but also evidence that a line of action or principle has been adopted and is being followed by the agency.

(35) "Procedure" means a procedure that provides the detailed and sequential actions that must be executed to ensure that a policy is fully implemented.

(36) "Professional associations" means a collective body of persons engaged in a particular profession or vocation, e.g., the American Correctional Association, the American Medical Association, the National Association of Clinical Psychologists, and the National Juvenile Detention Association.

(37) "Program" means the plan or system through which a juvenile detention facility agency works to meet its goals.

(38) "Public offense" means an act if committed by an adult would be a crime.

(39) "Rated capacity" means the actual number of beds available for regular use. This does not include hospital beds, segregation beds, or other spaces used only on a temporary basis.

(40) "Renovation" means a significant structural or design change in the physical plant of a facility.

(41) "Secure institution" means any facility that is designed and operated to ensure that all entrances and exits are under the exclusive control of the facility's staff, thereby not allowing a juvenile to leave the facility unsupervised or without permission.

(42) "Security devices" means locks, gates, doors, bars, fences, screens, ceiling, floors, walls, and barriers used to confine and control detained persons. Also included are electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies, and other equipment used to maintain facility security.

(43) "Training" means formal classroom instruction; on-the-job training under the direction of an instructor or coworker; training meetings, staff meetings or conferences that include a formal agenda and instruction by a teacher, manager, or official; physical training; or other instructional programs that include a trainer and trainee relationship. Training programs include requirements for completion, attendance recording, and a system for recognition of completion.

(44) "Volunteers" means persons who donate their time and effort to enhance the activities of the program. They are selected on the basis of their skills or personal qualities to provide services in recreation, counseling, education, religious activities, etc.

History

RELATES TO: KRS 15A.210
STATUTORY AUTHORITY: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing secure juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1268; 1541; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:020 Administration, organization and management {#sec-505-kar-2-020 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:020}

Section 1.

(1) The agency operating a detention facility shall be a legal entity or a part of a legal entity.

(2) The governing authority of the detention facility shall hold meetings at least annually with the facility administrator in order to facilitate communication, establish policy, explore problems, ensure conformity to legal and fiscal requirements, and implement programs.

(3) There shall be a written statement that describes the philosophy, goals or purposes of the facility, which shall be reviewed at least annually and updated if necessary.

(4) If services for adult and juvenile offenders are provided for by the same agency, statements of philosophy, policy, program and procedures shall distinguish between criminal codes and the statutes which establish and give direction to programs for juveniles; there shall be a separate service delivery system for juveniles.

(5) Abused, dependent or neglected youths shall not be held in the facility.

(6) Written agency policy shall prohibit the confinement of any offender in the facility unless the facility complies with standards or rules promulgated by the Administrative Office of the Courts or a lawful court order.

(7) Service personnel other than facility staff shall perform work in the facility only under direct and continuous supervision of facility staff in those areas permitting contact with juveniles.

(8) There shall be a written description of the facility that specifies its mission within the context of the system of which it is a part. This description shall be reviewed at least annually and updated if necessary.

(9) The facility shall adopt and enforce written policies and procedures which:

(a) Provide for regular meetings and case conferences between the staff of the Department of Juvenile Justice and social service agencies, the court, the local law enforcement agency and the detention facility staff to develop and maintain sound interagency policies and procedures;

(b) Provide for a communications system within the facility that requires, at a minimum, that the facility administrator meet at least monthly with all department heads and that all department heads meet monthly with their key staff members;

(c) Specify that the facility administrator participates in the formulation of goals for the facility, establishes policies and priorities related to them and translates the goals into measurable objectives for accomplishment by the staff;

(d) Provide that legal assistance shall be available to the facility administrator;

(e) Provide for a daily population report on every juvenile in detention, including the day admitted, accumulated days of stay, and county of origin and offense for which juvenile is charged;

(f) Provide a mechanism for communication with executive, legislative and judicial bodies at all governmental levels;

(g) Provide for participation of employees in the formulation of policies, procedures and programs;

(h) Permits the participation of other community agencies in policy development, coordinated planning and interagency consultation;

(i) Provide for collaboration with colleges and universities where available in programs of mutual concern;

(j) Provide for a public information program that is reviewed at least annually and updated if necessary;

(k) Grant representatives of the media access to the facility, consistent with the preservation of juveniles' privacy and the maintenance of order and security in the facility;

(l) Provide that the facility administrator report at least quarterly to the governing authority major problems and plans for resolving them;

(m) Govern facility compliance with statutes and administrative regulations relating to campaigning, lobbying and political practices; and

(n) Provide that the facility administrator cooperates with the interstate compact administrator in the return of juveniles charged with juvenile offenses to the requesting state, pursuant to the provisions of the interstate compact on juveniles.

(10) The facility administrator or parent agency shall participate in federal, state and regional planning efforts with both juvenile justice and nonjuvenile justice agencies.

(11) The facility shall have a policy manual that specifically describes its purpose, program and services offered, which is reviewed at least annually and updated if necessary.

(12) There shall be an operations manual that delineates written policies and procedures for operating and maintaining the facility; the manual shall be explained and made available to all employees at the time of their employment.

(13) There shall be an organizational chart for the facility staff that accurately reflects the structure of authority, responsibility and accountability within the facility.

(14) The facility and its programs shall be managed by a single administrative officer to whom all employees or units of management shall be responsible.

(15) When employees of other public or private agencies provide a service to the facility, written policy and procedure shall be developed and reviewed, at least annually, to describe their roles and functions as they relate to the authority and responsibility of the facility administrator.

(16) The facility administrator shall review space requirements, at least annually, and record requests for corrective action in writing.

(17) The facility administration shall furnish written information to the parent agency at least annually, which is used to report on the system's objectives, availability of services and programs, juvenile population, budget, major developments, problems, plans and additional information as the parent agency may require.

(18) The facility shall make available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.

(19) The facility shall meet all applicable licensing requirements of the jurisdiction in which it is located.

(20) There may exist a community advisory committee, representative of the community, which serves as a link between the program and the community.

(21) All monies collected at the facility shall be secured daily in an officially designated and secure place.

(22) The facility shall have written policy and procedure approved by the governing authority that includes, at a minimum:

(a) Internal controls;

(b) Petty cash procedures;

(d) Signature control on checks;

(e) Handling of juvenile funds;

(f) Employee expense reimbursement; and

(g) Issuance or use of vouchers.

(23) If there is a commissary or canteen, strict controls shall be maintained over its operation and regular accounting procedures shall be followed. All profits from the commissary or canteen shall be used for the benefit of the residents.

(24) Juveniles' personal funds held by the facility shall be controlled by accepted accounting procedures.

Section 2.

(1) The facility administrator shall have access to and use an organized system of information retrieval and review that is part of an overall research and decision-making capacity.

(2) The facility staff shall establish or participate in the establishment of policies and procedures developed for management information purposes. These policies are reviewed at least annually.

(3) There shall be specific, written definitions of criteria for evaluating overall facility performance.

(4) Facility staff shall maintain a daily report of juvenile population movement.

(5) The administrator shall participate in the review of policies and practices regarding the collection and retention of information pertaining to the juveniles assigned to the facility, at least annually.

(6) The facility or parent agency staff collects and aggregates data relative to its program.

(7) Programs shall be periodically analyzed and evaluated to determine their contribution to the mission of the facility.

(8) The administrator shall review and approve all facility research projects in conformity with parent agency policy before implementation.

(9) Written policy and procedure shall govern voluntary juvenile participation in nonmedical, nonpharmaceutical and noncosmetic research programs.

Section 3. All requirements in this section shall apply only to facilities operated by private corporations or to facilities operated by two (2) or more counties.

(1) The facility administrator shall participate in budget preparation and reviews conducted by the parent agency.

(2) The fiscal system shall account for all income and expenditures on an ongoing basis.

(3) The facility shall adopt written policies and procedures which:

(a) Provide for a financial audit, independent of the facility, which is conducted annually;

(b) Specify that the methods used for collecting, safeguarding and disbursing monies comply with accepted accounting procedures;

(d) Provide for facility insurance coverage that includes at a minimum: worker's compensation, civil liability, liability for official vehicles, and public employee blanket bond;

(e) Govern inventory control of property, stores and other assets;

(f) Govern the requisition and purchase of supplies and equipment;

(g) Require the systematic review of equipment needs and the replacement of equipment if necessary; and

(h) Regulate position control, personnel records and the payroll function.

(4) The facility shall operate under a constitution or articles of incorporation that meets all of the legal requirements of the governmental jurisdiction in which the facility is located.

(5) The facility or its parent agency shall have a local, regional, or state governing authority.

(6) The facility or its parent agency shall have identified, documented and publicized its tax status with the Internal Revenue Service and the Kentucky Revenue Cabinet.

(7) The facility shall have bylaws, approved by the governing authority, which are filed with the appropriate local, state and federal body.

(8) At a minimum, the facility bylaws include for the governing authority:

(a) Membership (types, qualifications, community representation, rights, duties);

(b) Size of the governing body;

(d) Terms of office;

(e) Duties and responsibilities of officers;

(f) Times authority will meet;

(g) Committees;

(h) Quorums;

(i) Parliamentary procedures;

(j) Recording of minutes;

(k) Method of amending the bylaws;

(l) Conflict of interest provisions; and

(m) Specification of the relationship of the chief executive to the governing body.

(9) When the facility administration is the governing authority, meetings shall be held as prescribed in the bylaws, a permanent record is kept of all such meetings.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1270; 1542; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:030 Personnel {#sec-505-kar-2-030 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:030}

Section 1.

(1) The facility shall adopt and enforce written policies and procedures which:

(a) Provide for lateral entry as well as promotion from within the organization;

(b) Require that a criminal record check be conducted on new employees;

(c) Require that a copy of all personnel policies and administrative regulations is made available to all employees. Each employee shall sign a statement acknowledging receipt of the personnel policies and administrative regulations and his or her responsibility for being aware of their contents;

(d) Require a current and accurate personnel record and separate health record for each employee;

(e) Provide for provisional appointments to ensure the availability of personnel for short-term, full-time or part-time work in emergency situations;

(f) Provide for a written annual performance evaluation of all employees, which is based on defined criteria and is reviewed and discussed with the employee;

(g) Provide that employees are reimbursed for all approved expenses incurred in the performance of their duties; and

(h) Ensure that consultants, contract personnel and volunteers who work with juveniles comply with the facility's policies on confidentiality of information.

(2) If a county is operating the facility, the personnel policies shall be consistent with the county policies; otherwise, there shall be a personnel policy manual which covers, at a minimum:

(a) Organization;

(b) Recruitment policies and procedures;

(d) In-service training;

(e) Promotion;

(f) Job qualifications, descriptions and responsibilities;

(g) Grievance procedures;

(h) Employee evaluation;

(i) Physical fitness policy;

(j) Personnel records;

(k) Benefits, holidays, leave and work hours;

(l) Basis for determining salaries;

(m) Disciplinary procedures;

(n) Retirement;

(o) Resignation and termination;

(p) Staff-juvenile relationships; and

(q) Equal employment opportunity provisions.

(3) The administrator shall review the facility's personnel policy annually and submit recommended changes to the parent agency or governing board.

(4) Written policy shall specify that equal employment opportunities exist for all positions. When deficiencies exist in regard to the utilization of minority groups and women, the facility can document the implementation of an affirmative action program approved by the appropriate government agency, showing annual reviews and necessary changes required to keep it current.

(5) The facility administration shall have a written policy and procedure that does not categorically exclude employment of ex-offenders.

(6) A written procedure shall exist whereby the employee can challenge information in his or her personnel file and have it corrected or removed if it proves to be inaccurate.

(7) The facility administrator shall be appointed by the chief executive officer with approval of the governing body.

(8) If the facility is operated by a county, the education and experience of the administrator shall be determined by statute governing county employment. Otherwise, the education and experience qualifications of the facility administrator shall be specified in writing by the appointing authority and include, at a minimum, a bachelor's degree in an appropriate discipline, two (2) years of experience working with juveniles, and three (3) years in staff supervision and administration; and/or, the completion of a career development program which includes work-related experience, training, or college credits providing a level of achievement equivalent to the bachelor's degree.

(9) If the facility is operated by a county, the term of the facility administrator shall be determined by statutes governing county employment. Otherwise, the term of the facility administrator is continuous and may be terminated only by the appointing authority for good cause and subsequent to a formal hearing on specific charges, if requested.

(10) The facility and/or parent agency administration shall systematically determine personnel requirements in all categories of employees working directly with juveniles in order to ensure access to staff and availability of services; personnel requirements are reviewed at least annually.

(11) There shall be a written grievance procedure for employees, which is available to them and which has been approved by the parent agency.

(12) Resident data shall be kept and transmitted to the Department of Juvenile Justice in a prescribed manner as identified by the Department of Juvenile Justice. This data shall include but not be limited to:

(a) Admissions and releases;

(b) Special incident reporting forms.

(13) After juvenile detention facilities are provided the Automated Fingerprint Identification System (AFIS) by the Kentucky State Police, each juvenile detained in any detention facility shall be fingerprinted by facility staff. The prints shall be kept at the facility for identification purposes and distributed to other approved agencies as required or needed.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1273; 1544; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:040 Juvenile records {#sec-505-kar-2-040 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:040}

Section 1.

(1) A juvenile detention center or holding facility shall establish a written policy and procedure governing record management, including the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These policies and procedures shall be reviewed annually.

(2) An admittance form shall be completed for every juvenile admitted to the facility and contain at least the following information:

(a) Court case number, if any, and detention facility admission number;

(b) Date and time of admission and release;

(d) Last known address;

(e) Legal status (authority for detention);

(f) Name of attorney, if any;

(g) Name, title and signature of delivering officer;

(h) Specific charges;

(i) Sex;

(j) Date of birth;

(k) Place of birth;

(l) Race or nationality;

(m) Education and school attended;

(n) Employment, if any;

(o) Religion;

(p) Health status;

(q) Medical consent forms;

(r) Name, relationship, address and phone number of the parent, guardian, or person juvenile resides with at time of admission;

(s) Driver's license number, Social Security number and Medicaid number, if applicable;

(t) Date of petition;

(u) Court and disposition, if any;

(v) Space for remarks (to include notation of any open wounds or sores requiring treatment, evidence of disease or body vermin, or tattoos);

(w) Person recording data;

(x) Inventory of property;

(y) Emergency contact; and

(z) Suicide assessment.

(3) A juvenile detention center or holding facility shall establish a written policy and procedure providing for guidelines for the collection and retention of information pertaining to the detained juveniles.

(4) A record shall be maintained on each juvenile and include, at a minimum, the following information:

(a) Initial intake information form;

(b) Documented legal authority to accept juvenile;

(d) Record of court appearances;

(e) Signed release of information forms;

(f) A record of cash and valuables held;

(g) Notations of temporary absences from the facility, if any;

(h) Visitors' names and dates of visits, if any;

(i) A record of telephone calls, if any;

(j) Probation officer or caseworker assigned;

(k) Progress reports on program involvement;

(l) Program rules and disciplinary policy signed by juvenile;

(m) Grievance and disciplinary record, if any;

(n) Referrals to other agencies, if any; and

(o) Final discharge or transfer report.

(5) A juvenile detention center or holding facility shall establish a written policy and procedure requiring the responsible staff members to make all entries into the records assigned to them, and date and sign each entry.

(6) The facility shall maintain a single master file identifying all juveniles detained in the facility.

(7) The contents of records shall be identified and separated according to an established format.

(8) The facility shall maintain a system that identifies all juveniles in custody and their actual physical locations.

(9) Except as provided in KRS 61.870 through 61.884, a juvenile detention center or holding facility shall establish a written policy and procedure providing that records are safeguarded from unauthorized and improper disclosure. Manual records shall be marked confidential and kept in locked files that shall be also marked confidential. The written policy and procedure shall provide that when any part of the information system is computerized, security ensures confidentiality.

(10) The administration shall use a consent form that complies with applicable federal and state regulations. The juvenile signs a "release of information consent form" before the release of information as required by regulation and a copy of the form is maintained in the juvenile's record.

(11) Consistent with open record statutes, written policy and procedure shall provide that individuals and agencies may have access to records for the purposes of research, evaluation and statistical analysis in accordance with a formal written agreement that authorizes access, specifies uses of data, and ensures confidentiality and security.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1275; 1545; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:050 Safety and emergency procedures {#sec-505-kar-2-050 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:050}

Section 1.

(1) The facility shall file documentation with the Department of Juvenile Justice that the facility complies with the applicable fire safety codes. A fire alarm and automatic detection system shall be required as approved by the Department of Juvenile Justice, or there shall be a plan for addressing these or other deficiencies within a reasonable time period. The Department of Juvenile Justice may approve any variances, exceptions, or equivalencies that do not constitute a serious life safety threat to the occupants of the facility.

(2) The facility shall comply with applicable federal, state and local sanitation, safety and health codes.

(3) A juvenile detention center or holding facility shall establish a written policy and procedure providing for a local fire and safety officer to perform a comprehensive and thorough monthly inspection of the facility for compliance with safety and fire prevention standards and for an annual review of this policy and procedure. There shall be a weekly fire and safety inspection of the facility by a qualified departmental staff member.

(4) A juvenile detention center or holding facility shall establish a written policy and procedure specifying the facility's fire prevention regulations and practices to ensure the safety of staff, juveniles, and visitors. These shall include the following:

(a) Provision for an adequate fire protection service;

(b) A system of fire inspection and testing of equipment at least quarterly;

(d) Availability of fire hoses or extinguishers at appropriate locations throughout the facility.

(5) Specification for the selection and approval of facility furnishings shall indicate the fire safety performance requirements of the materials selected. The materials shall be subjected to careful fire safety evaluation before purchase or use. Neoprene or cotton mattresses treated with boric acid are recommended. Polyurethane shall not be used in any living area.

(6) The facility shall be equipped with noncombustible receptacles for smoking materials and separate containers for other combustible refuse at readily accessible locations in the living quarters and other locations throughout the facility. Special containers shall be provided for flammable liquids and for rags used with flammable liquids.

(7)

(a) All new and renovated facilities opened after July 1, 1987 shall have an alternate power source to maintain essential services for the entire facility.

(b) All existing facilities shall provide a sufficient alternate power source to operate emergency lighting, smoke detectors and alarms.

(8) The facility shall have a written plan for evacuation in the event of fire or major emergency. This plan shall be approved by the Department of Juvenile Justice. The plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The plan includes the following:

(a) Location of building and floor plans;

(b) Use of exit signs and directional arrows for traffic flow;

(d) At least quarterly drills on all shifts in all institution locations; and

(e) Staff drills when it is impossible to evacuate extremely dangerous juveniles.

(9) A juvenile detention center or holding facility shall establish a written policy and procedure specifying the means for the prompt release of juveniles from locked areas in case of emergency, and provide for a secondary release system.

(10) All facility personnel shall be trained in the implementation of written emergency plans.

(11) A juvenile detention center or holding facility shall establish a written policy and procedure governing the control and use of all flammable, toxic and caustic materials.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1277; 1545; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:060 Security and control {#sec-505-kar-2-060 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:060}

Section 1.

(1) There shall be a manual containing the facility's policies and procedures for security and control, which shall include detailed instructions for implementing these procedures. The manual shall be made available to all personnel and shall be reviewed annually and updated as necessary.

(2) The facility shall maintain a control center.

(3) There shall be a minimum of two (2) youth care workers on duty at all times in the facility, one (1) of whom is female when females are housed in the facility and one (1) of whom is male when males are housed in the facility. The general staffing ratio shall be one (1) youth care worker to every ten (10) residents or fraction thereof during waking hours. The circumstances of particular facilities shall be taken into consideration as waiver requests are received by the Department of Juvenile Justice.

(a) If a waiver from this standard is desired, the responsible local authority shall submit a written request to the Department of Juvenile Justice. The written request shall include:

Identification and description of the specific problems involved in meeting the staffing ratio requirement.
A description of the needed ratio change, including identification of supporting factors.
A description of the classification to be used, additional staffing alternatives and programming.
Sufficient documentation demonstrating that the waiver, if granted, does not jeopardize the security or supervision of juveniles and programs, or the safe, healthful, and efficient operation of the facility.

(b) The Department of Juvenile Justice may grant a waiver of the minimum staffing ratio for an existing facility if it determines:

That strict compliance may cause unreasonable difficulties in securing housing for juvenile offenders; and
That a waiver does not seriously effect the security or supervision of juveniles and programs, or the safe, healthful and efficient operation of the facility.

(c) A waiver, if granted by the Department of Juvenile Justice, shall apply only to the petitioner for the period of time specified and may include conditions imposed by the department. A waiver shall not be granted for longer than twelve (12) months. A waiver granted for a twelve (12) month period shall be reviewed at the end of the period for reapproval.

(4) The facility shall adopt written policy and procedure which governs the availability, control and use of chemical agents and related security devices. Chemical agents and related security devices shall be used only at the direction of the facility administrator or designee. Oleoresin capsicum spray shall be of an organic nature. The use of mace is prohibited. A written report shall be prepared following all use of force and shall be submitted to the facility administrator. These reports shall be kept in a file labeled as such and maintained for review by the Department of Juvenile Justice.

(5) Written policy and procedure shall require that all security perimeter entrances, exterior doors and all doors the facility administrator determines should be locked are kept locked except when used for admission or exit of employees, detained juveniles or visitors, and in emergencies.

(6) The facility shall have a system to physically count juveniles that includes strict accountability for juveniles assigned to work and educational release, furloughs and other approved, temporary absences.

(7) The facility shall adopt and enforce written policies and procedures which:

(a) Require that supervisory staff maintain a permanent log and prepare shift reports that record routine and emergency situations;

(b) Provide for notifying appropriate staff of increases and decreases in the population, on a shift-by-shift basis;

(d) Require that line supervisory staff inspect every area of the facility daily and submit a written report to an administrative official for review whenever deficiencies are noted;

(e) Require that the facility administrator or designee and other department heads inspect the facility's living and activity areas at least weekly;

(f) Provide that staff regulate juvenile movement;

(g) Govern the control and use of keys;

(h) Govern the control and use of tools, medical and culinary equipment;

(i) Provide that all persons injured in an incident, as defined in subsection (10) of this section, receive an immediate medical examination and treatment;

(j) Provide for a communications system within the facility, and between the facility and the community, in the event of an emergency;

(k) Provide that the facility maintains a written record of routine and emergency distribution and use of restraint equipment;

(l) Provide that instruments of restraint are never applied as punishment and are applied only with the approval of the facility administrator or designee;

(m) Govern safety and security precautions pertaining to facility and staff vehicles;

(n) Govern the transportation of juveniles outside the facility and from one (1) jurisdiction to another; and

(o) Limit the use of physical force to instances of self-protection, protection of the juveniles or others, prevention of property damage, prevention of escapes and in accordance with appropriate statutory authority. In no event shall physical force be justifiable as punishment. A written report shall be prepared following all uses of force and shall be submitted to the facility administrator.

(8) The written plan for searches of the facility and juveniles to control contraband shall be reviewed by legal counsel to ascertain the legality of the plan.

(9) The policy regarding searches for the control of contraband shall be published, made available to staff and juveniles, reviewed at least annually and updated if necessary.

(10) The taking of hostages, use of restraint equipment, use of physical force, and all other special incidents shall be reported in writing, dated, and signed by the staff person reporting the incident. The report shall be placed in the juvenile's case record and reviewed by the facility administrator and the parent agency.

(11) Except in emergency situations, as determined by the facility administrator, firearms shall not be permitted in the facility.

(12) There shall be written operational shift assignments or post orders that state the duties and responsibilities for each assigned position in the facility. These shift assignments shall be reviewed at least annually and updated if necessary.

(13) There shall be written procedures for handling escapes, runaways and unauthorized absences. These procedures shall be reviewed at least annually and updated as necessary.

(14) The facility shall adopt written plans that: specify procedures to be followed in emergency situations, e.g., fire, disturbance, taking of hostages. These plans shall be made available to all applicable personnel and they shall be reviewed and updated at least annually.

(15) The facility shall adopt written plans which govern space arrangements and procedures to follow in the event of a group arrest that exceeds the maximum capacity of the juvenile detention facility. These plans shall be reviewed annually and updated if necessary.

(16) The facility shall adopt a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to supervisory personnel, who are required to familiarize themselves with it.

(17) Power generators, where present, shall be tested at least every two (2) weeks and other emergency equipment and systems shall be tested a least monthly for effectiveness and repaired or replaced as necessary.

(18) Written policy and procedure shall provide for the following:

(a) A visual inspection, strip search, or body cavity search shall not be conducted unless there is a reasonable belief that a juvenile is carrying contraband or other prohibited material.

(b) A manual or instrument inspection of a juvenile's body cavities shall not be conducted unless authorized by the facility administrator or designee. This type of inspection shall be done by a:

Licensed physician;
Registered nurse;
Licensed practical nurse; or
Physician assistant.

(c) A strip search shall be conducted by a staff member of the same sex, with a documented account submitted to the facility administrator. This type of search shall not be conducted unless a juvenile is entering the facility or the requirements of paragraph (a) of this subsection are met.

(19) Transportation, other than facility provided, shall be available for use in emergencies.

(20) Incidents involving riots, escapes, the death or serious injury of a juvenile or a staff member, the taking of hostages, facility fire or other natural disasters affecting the facility, suicide, and suicide attempts resulting in injury shall be reported in writing to the Department of Juvenile Justice within forty-eight (48) hours, exclusive of weekends or holidays.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1278; 1546; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:070 Food service {#sec-505-kar-2-070 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:070}

Section 1.

(1) There shall be documentation that the facility's system of dietary allowance is reviewed at least annually by a dietician or physician to ensure compliance with nationally recommended food allowances.

(2) Menu evaluations shall be conducted at least quarterly by facility food service supervisory staff to verify adherence to the nationally recommended basic daily servings.

(3) The facility shall adopt and enforce written policies and procedures which:

(a) Require that food service staff develop advanced, planned menus and substantially follow the schedule, and that in the planning and preparation of all meals, food flavor, texture, temperature, appearance and palatability are taken into consideration;

(b) Provide for special diets as prescribed by appropriate medical or dental personnel;

(d) Preclude the use of food as a disciplinary measure;

(e) Require that at least three (3) meals, of which two (2) are hot meals, are provided at regular meal times during each twenty-four (24) hour period, with no more than fourteen (14) hours between the evening meal and breakfast. Provided basic nutritional goals are met, variations may be allowed based on weekend and holiday food service demands;

(f) Require that accurate records are maintained of all meals served;

(g) Specify that the food services comply with the applicable sanitation and health codes as promulgated by federal, state and local authorities;

(h) Provide for:

Weekly inspection of all food service areas, including dining and food preparation areas and equipment;
Sanitary, temperature-controlled storage facilities for all foods; and
Daily checks of refrigerator and water temperatures by administrative, medical or dietary personnel.

(i) Ensure that the special food needs of juveniles shall be accounted for in the overall program of the facility; and

(j) Provide that staff members provide supervision of juveniles during meals.

(4) A staff member, experienced in food service management, shall supervise food service operations.

(5) The designated food service supervisor shall receive training in food service operations before assuming this responsibility.

(6) The food service plan shall provide for a single menu for staff and juveniles.

(7) There shall be provisions for adequate storage and loading areas and garbage disposal facilities.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1281; 1547; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:080 Sanitation and hygiene {#sec-505-kar-2-080 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:080}

Section 1.

(1) The facility shall comply with applicable federal, state and local sanitation and health codes.

(2) The facility shall adopt and enforce written policies and procedures which:

(a) Require weekly sanitation inspections of all facility areas;

(b) Provide for the control of vermin and pests;

(d) Require that articles necessary for maintaining proper personal hygiene shall be provided to all juveniles;

(e) Provide for the issue of special and, when appropriate, protective clothing and equipment to juveniles assigned to food service, hospital, farm, garage, physical plant maintenance shops, and other special work;

(f) Provide for the issue of suitable clean bedding and linens, to include two (2) sheets, pillow and pillowcase, one (1) mattress and sufficient blankets to provide comfort under existing temperature controls. There is provision for linen exchange at least weekly or more often when health reasons dictate;

(g) Specify accountability for clothing and bedding issued to juveniles; and

(h) Provide an approved shower schedule that allows daily showers and showers after strenuous exercise.

(3) There shall be a written housekeeping plan for the facility's physical plant.

(4) The institution's potable water source and supply, whether owned and operated by the public water department or the institution, shall be approved by an independent, outside source to be in compliance with jurisdictional laws and regulations;

(5) Hair care services may be made available to juveniles.

(6) Youth shall have three (3) complete sets of clean clothing, towels and wash cloths per week.

(7) The stored supply of clothing, linens and bedding shall exceed that required for the facility's maximum juvenile population.

(8) The institution shall provide for the thorough cleaning and, when necessary, disinfecting of juveniles' personal clothing before storage or before allowing the juvenile to keep and wear personal clothing.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1282; 1548; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:090 Juvenile rights {#sec-505-kar-2-090 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:090}

Section 1.

(1) The facility shall adopt and enforce written policies and procedures which:

(a) Provide that juveniles shall not be subject to discrimination based on race, national origin, color, creed, sex, or physical handicap;

(b) Provide each juvenile freedom from discrimination based on race, religion, national origin, sex, handicap or political beliefs, and equal access to various programs and work assignments;

(d) Provide that juveniles may participate in religious services and religious counseling on a voluntary basis, subject only to the limitations necessary to maintain order and security;

(e) Grant juveniles access to recreational opportunities and equipment, including, when the climate permits, outdoor exercise in facilities listed in the physical plant regulations in this chapter;

(f) Ensure the right of juveniles to have access to the courts;

(g) Exist to assist juveniles in making confidential contact with attorneys and their authorized representatives. Such contact includes, but is not limited to, telephone communications, uncensored correspondence and visits;

(h) Provide that juveniles are not subjected to corporal or unusual punishment, humiliation, mental abuse or punitive interference with the daily functions of living, such as eating or sleeping;

(i) Grant juveniles the right to receive visits, subject only to the limitations necessary to maintain order and security;

(j) Grant juveniles the right to communicate or correspond with persons or organizations, subject only to the limitations necessary to maintain facility order and security;

(k) Provide juveniles reasonable access to the general public through the communications media, subject only to the limitations necessary to maintain order and security and protect the juveniles' rights. Media requests for interviews and any juvenile consent shall be in writing;

(l) Authorize juveniles to keep facial hair, if desired, except in individual cases where such restrictions are necessary for reasons of health and safety; and

(m) Govern the possession of items of jewelry that could be used to inflict bodily harm.

(2) There shall be equal access to programs and services for male and female juveniles in cocorrectional facilities.

(3) There shall be a written grievance procedure, which shall be explained and made available to juveniles, and allows for at least one (1) level of appeal.

(4) Juveniles shall not be required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the facility or grounds, or personal hygienic needs, or the work is part of an approved vocational or training program.

(5) There shall be no restrictions on the right of juveniles to determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety.

(6) Juveniles may wear personal clothing consistent with facility guidelines or wear combinations of their own and facility clothing.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1284; 1548; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:100 Training and staff development {#sec-505-kar-2-100 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:100}

Section 1. For the purposes of this administrative regulation:

(1) "Administrative-management personnel" includes superintendents, deputy or assistant superintendents, business managers, personnel directors, youth care supervisors and shift supervisors;

(2) "Clerical support employee" is defined as an employee who has minimum contact with juveniles including, but not limited to, secretaries, clerks, typists, computer and warehouse personnel, accountants and personnel staff;

(3) "Professional specialist" includes, but is not limited to case managers, counselors, social workers, psychologists, teachers, librarians, medical personnel, chaplains, and recreation specialists;

(4) "Support employee" is defined as an employee who has regular or daily contact with juveniles including, but not limited to food, service, industry work supervisors, farm work supervisors, maintenance work supervisors;

(5) "Training" is defined as an organized, planned and evaluated activity designed to achieve specific learning objectives;

(6) "Youth care and supervision staff" is defined as all staff assigned to full-time youth care or supervision duties.

Section 2.

(1) The facility shall adopt and enforce written policies and procedures which:

(a) Provide that the facility's training program for all employees is planned, coordinated and implemented by a qualified employee at the supervisory level who has completed forty (40) hours of training as a trainer. The program shall be reviewed annually;

(b) Provide that all training programs are presented by persons who are qualified in the areas in which they are conducting training;

(c) Provide that all new full-time employees, who have youth care responsibilities, shall receive forty (40) hours of orientation and training before being independently assigned to a particular job. This orientation and training shall include, at a minimum, orientation to the purpose, goals, policies and procedures of the institution and parent agency; working conditions and regulations; responsibilities and rights of employees; and an overview of the juvenile justice and correctional field. Depending upon the employee and the requirements of the particular job, the orientation and training may include some preparatory instruction related to the particular job. There shall be provisions for acknowledging and giving credit for prior training received;

(d) Provide that all clerical and support employees who have minimal contact with juveniles receive an additional sixteen (16) hours of training during the first year of employment and sixteen (16) hours of training each year thereafter;

(e) Provide that all support employees who have regular or daily juvenile contact receive an additional forty (40) hours of training during their first year of employment and forty (40) hours of training each subsequent year of employment;

(f) Provide that all professional specialist employees who have juvenile contact receive an additional forty (40) hours of training during their first year of employment, and forty (40) hours of training each subsequent year of employment;

(g) Provide that all new youth care and supervision staff receive an additional forty (40) hours of training during their first year of employment and forty (40) hours of training each subsequent year of employment. At a minimum, this training shall cover the following areas:

Security procedures;
Supervision of juveniles;
Use of force regulations and restraint techniques;
Report writing;
Juvenile rules and regulations;
Rights and responsibilities of juveniles;
Fire and emergency safety procedures;
Key control;
Interpersonal relations;
Social and cultural lifestyles of the juvenile population;
Youth growth and development;
Communication skills;
First aid;
Cardiopulmonary resuscitation; and
Suicide precautions and behavioral management techniques.

(h) Provide that all administrative and managerial staff, except elected jailers, receive forty (40) hours of training during their first year of employment, and forty (40) hours of training each subsequent year of employment. This training shall cover the following areas, at a minimum:

General management and related subjects;
Labor law;
Employee-management relations;
The interaction of elements of the criminal and juvenile justice systems; and
Relationships with other service agencies.

(2) Where there is a full-time training director, there shall be an advisory training committee composed of the training director and a representative of each department.

(3) All part-time staff and volunteers working less than forty (40) hours per week shall receive training appropriate to their assignments, volunteers working the same schedule as full-time, paid staff receive the same training as full-time staff.

(4) Personnel who work with juveniles confined separately from the total population shall receive specialized training.

(5) Training may occur on-site, at an academy or training center, at an institution of higher learning, through contract service, at professional meetings, or through closely supervised on-the-job training which includes staff meetings at the facility.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1285; 1549; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:110 Medical and health care services {#sec-505-kar-2-110 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:110}

Section 1.

(1) Medical treatment and services, including emergency psychiatric and dental matters involving medical judgment shall be the sole province of the responsible physician and dentist, respectively. Security regulations that are applicable to the facility personnel shall also apply to health personnel.

(2) The facility shall issue and enforce written policies and procedures which:

(a) Specify the provision of emergency mental health services for juveniles in need of the services including services provided by qualified mental health professionals who meet educational and licensure or certification criteria specified by their respective professional disciplines, such as psychiatry, psychology, psychiatric nursing and social work;

(b) Govern the relationship between the responsible physician and physicians in private practice working in the facility;

(c) Require that first aid kits shall be available. The responsible physician shall approve the contents, number, location and procedure for periodic inspection of the kits;

(d) Provide for medical examination of any employee or juvenile suspected of a communicable disease;

(e) Require medical screening to be performed by health-trained staff or qualified health care personnel on all juveniles, including intrasystem transfers, upon arrival at the facility. All findings shall be recorded on a printed screening form approved by the Department of Juvenile Justice;

(f) Ensure that juveniles shall be informed orally and in writing of the procedures required for gaining access to medical services;

(g) Provide for the prompt notification of a juvenile's parent or guardian and the responsible agency if serious illness, surgery, injury or death;

(h) Provide that youth care staff and other personnel are trained to respond to health-related situations within a four (4) minute response time. A training program shall be established by the responsible health authority in cooperation with the facility administrator, which includes the following:

Recognition of signs and symptoms, and knowledge of action required in potential emergency situations;
Administration of first aid and cardiopulmonary resuscitation (CPR);
Methods of obtaining assistance;
Signs and symptoms of mental illness, retardation and chemical dependency; and
Procedures for patient transfers to appropriate medical facilities or health care providers;

(i) Provide that emergency dental care is made available to each juvenile under the direction and supervision of a dentist licensed in the state;

(j) Provide for screening, and referral for care for mentally ill or retarded juveniles. The responsible physician shall have designated, in advance, specific referral sources;

(k) Ensure a special program for juveniles requiring close medical supervision. A physician shall develop a written medical treatment plan for each of these patients that includes directions to medical and nonmedical personnel regarding their roles in the care and supervision of these patients;

(l) Provide that juveniles in need of detoxification for chemical impairment shall not be admitted to the facility, but shall be referred for appropriate medical care;

(m) Provide for the proper management of pharmaceuticals and address the following subjects:

A formulary specifically developed for the facility;
Prescription practices that require that:

a. Psychotropic medications are prescribed only if clinically indicated as one (1) facet of a program of therapy;

b. "Stop order" time periods shall be required for all medications; and

c. The prescribing provider reevaluates a prescription before its renewal;

Dispensing of medicine in conformance with appropriate state and federal law;
Administration of medication, which shall be carried out by persons properly trained and under the supervision of the health authority and facility administrator or designee;
Accountability for administering or distributing medications in a timely manner, according to physician orders;
Procedures for medication receipt, storage, dispensing and administration or distribution;
Maximum security storage and periodic inventory of all controlled substances, syringes and needles;

(n) Uphold the principle of confidentiality of the health record and support these requirements:

The active health record shall be maintained separately from the confinement record;
Access to the health record shall be controlled by the health authority; and
The health authority shall share with the facility administrator information regarding a juvenile's medical management, security and ability to participate in programs;

(o) Provide that if a juvenile is in need of hospitalization, a staff member or a designee approved by the court accompanies him and stays with the juvenile at least during admission;

(p) Provide that all informed consent standards in the jurisdiction shall be observed and documented for medical care. The informed consent of parent, guardian or legal custodian applies if required by law. If health care is rendered against the patient's will, it shall be in accord with state and federal laws and regulations.

(3) Written health care policy and procedures shall be approved by the responsible physician or medical administrator.

(4) The specific duties of qualified medical personnel shall be governed by written job descriptions approved by the responsible physician and the facility administrator.

(5) Treatment by health care personnel other than a physician, dentist, psychologist, optometrist, podiatrist or other independent providers shall be performed pursuant to written standing or direct orders given by personnel who, by law, may give the orders. Nurse practitioners and physician's assistants may practice within the limits of applicable laws and regulations.

(6) Arrangements shall be made with health care specialists in advance of need.

(7) A written agreement shall exist between the facility administration and a nearby hospital for all medical services which cannot be provided within the facility.

(8) Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to juveniles. Verification of current credentials and job descriptions shall be on file in the facility.

(9) If medical services are delivered in the facility or through contract services, adequate space, equipment, supplies and materials, as determined by the responsible physician, shall be provided for the performance of primary health care delivery.

(10) Program staff shall be informed of juveniles' special medical problems. When a juvenile is admitted, staff shall be informed of any physical problems that might require medical attention.

(11) The facility shall issue and enforce written policy and procedure for the collection and recording of health appraisal data which requires that:

(a) The process shall be completed in a uniform manner as determined by the health authority;

(b) Health history and vital signs shall be collected by health-trained or qualified health personnel; and

(12) Juveniles' medical complaints shall be monitored and responded to by medically trained personnel.

(13) Sick call for nonemergency medical service, conducted by a physician or other qualified medical personnel, shall be available to each juvenile at least once per week.

(14) If sick call is not conducted by a physician, a physician shall be available once each week to respond to juvenile complaints regarding service they did or did not receive from other health personnel.

(15) The facility administration shall provide access to twenty-four (24) hour emergency medical and dental care as outlined in a written plan which includes:

(a) Arrangements for the emergency evacuation of the juvenile from the facility;

(b) Arrangements for the use of an emergency medical vehicle;

(c) Arrangements for the use of one (1) or more designated hospital emergency rooms or other appropriate health facilities; and

(d) Arrangements for emergency on-call physician and dental services if the emergency health facility is not located in a nearby community.

(16) Medical maintenance shall be provided to juveniles of the facility if medically indicated by written medical order.

(17) The person administering medications shall:

(a) Have received training from a responsible physician and the official responsible for the facility;

(b) Be accountable for administering medications according to orders; and

(18) Stimulants, tranquilizers and psychotropic drugs requiring intramuscular administration shall be prescribed only by a physician, following a physical examination of the juvenile by the physician, and shall be administered by a physician or registered nurse. Drugs and medications, including stimulants, tranquilizers, and psychotropics, usually administered by parents may be administered to juveniles by facility staff pursuant to a physician's prescription.

(19) Under no circumstances shall a stimulant, tranquilizer or psychotropic drug be administered for purposes of program management and control, or for purposes of experimentation and research.

(20) The facility shall have a written policy involving the location of the health record file. The health record file shall contain the following:

(a) The completed receiving screening form;

(b) Health appraisal data forms;

(d) Prescribed medications and their administration;

(e) Laboratory, x-ray and diagnostic studies;

(f) Signature and title of documentor;

(g) Consent and refusal forms;

(h) Release of information forms;

(i) Place, date and time of health encounters;

(j) Health service reports, e.g., dental, mental health and consultations;

(k) Treatment plan, including nursing care plan;

(l) Progress reports; and

(m) Discharge summary of hospitalization and other termination summaries. The method of recording entries in the records, the form and format of the records, and the procedures for their maintenance and safekeeping shall be approved by the Department of Juvenile Justice.

(21) Programs and training shall be provided for the development of sound habits and practices regarding personal hygiene.

(22) For juveniles being transferred to other facilities, summaries or copies of the medical history record shall be forwarded to the receiving facility prior to or at arrival.

(23) Written policy shall prohibit the use of juveniles for medical, pharmaceutical or cosmetic experiments. This policy shall not preclude individual treatment of a juvenile based on his need for a specific medical procedure that is not generally available.

(24) The facility may seek reimbursement for medical care from the parent, person exercising similar custodial control, the state or any other party who may be financially responsible.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities, including medical and health services. This administrative regulation governs medical and health care services at juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1287; 1549; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:120 Rules and discipline {#sec-505-kar-2-120 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:120}

Section 1.

(1) All requirements in this administrative regulation shall be applied with consideration for the range of ages and maturity found in a juvenile detention facility in consideration of the juveniles' social-emotional ages, which may vary more than their physical ages.

(2) The facility shall adopt written rules of juvenile conduct which specify acts prohibited within the institution and penalties that may be imposed for various degrees of violation. The written rules shall be reviewed annually and updated if necessary. The use of tobacco products by juveniles shall be prohibited.

(3) A rulebook that contains all chargeable offenses, ranges of penalties and disciplinary procedures shall be posted in a conspicuous and accessible area; a copy shall be made available to each juvenile and staff member, and shall be translated into those languages spoken by significant numbers of juveniles. When a literacy or language problem prevents a juvenile from understanding the rulebook, a staff member or translator shall assist the juvenile in understanding the rules.

(4) All personnel who deal with juveniles shall receive in-service training so that they shall be thoroughly familiar with the rules of juvenile conduct, the sanctions available, and the rationale for the rules.

(5) There shall be written guidelines for informally resolving minor juvenile misbehavior.

(6) The facility shall adopt and enforce written policies and procedures which:

(a) Specify that room restriction for minor misbehavior serves only a "cooling off" purpose, shall be short in time duration, with the time period - fifteen (15) minutes to sixty (60) minutes - specified at the time of assignment;

(b) Require that prior to room restriction, juveniles have the reasons for the restriction explained to them and have an opportunity to explain the behavior leading to the restriction;

(c) Require that employees prepare an incident report where they have a reasonable belief that a juvenile has committed a major violation of facility rules or reportable minor violations. Incident reports prepared by staff members shall include, but are not limited to, the following information:

Specific rules violated;
A formal statement of the event;
An explanation of the event, which should include who was involved, what transpired, and the time and location of occurrence;
Unusual juvenile behavior;
Staff witnesses;
Disposition of any physical evidence;
Any immediate action taken, including the use of force;
Reporting staff member's signature; and
Date and time report is made.

(d) Specify that juveniles placed in confinement status shall be afforded living conditions and privileges approximating those to the general juvenile population. Exceptions shall be justified by substantial evidence;

(e) Provide that the incident report shall be removed from all files of juveniles found not guilty of an alleged rule violation;

(f) Each facility shall develop a procedure to ensure the youth's due process for appealing disciplinary procedures.

(g) Ensure that prior to privilege suspension the juvenile has the reasons for the restriction explained to him, and has an opportunity to explain the behavior leading to the suspension; and

(h) Provide that in instances in which a juvenile is alleged to have committed a crime, the case is referred to appropriate law enforcement officials for possible prosecution.

(7) During room restriction staff shall visibly check the juvenile at least every fifteen (15) minutes, depending on his emotional state.

(8) When a juvenile has been charged with a major rule violation requiring confinement status for the safety of the juvenile or other juveniles, or to ensure the security of the facility, the youth may be confined for a period of up to twenty-four (24) hours. Confinement status for periods of over twenty-four (24) hours shall be reviewed every twenty-four (24) hours by the administrator or his designee who was not involved in the incident.

(9) Whenever juveniles are removed from the regular program, they shall be seen by a designated staff member, other than the staff member involved in the removal decision, as soon as possible, but not more than twenty-four (24) hours after removal.

(10) Juveniles held in confinement status shall be interviewed at least once each day by personnel from administrative, clinical, social work, religious or medical units.

(11) A log shall be kept stating who authorized the confinement status, persons visiting the juvenile, the person authorizing release from confinement status, and the time of the release.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1290; 1551; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:130 Intake {#sec-505-kar-2-130 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:130}

Section 1. Only juveniles meeting the criteria provided in this regulation shall be admitted to a detention facility.

(1)

(a) The agency or individual seeking to place a juvenile in the facility shall present one (1) of the following at the time of admission or the juvenile shall not be accepted for admission:

A bench warrant which includes the reason for the issuance of the warrant;
A commissioner's warrant; or
A court order.

(b) If the reason for the ordered detention is contempt of court or an alleged or found violation of probation or parole, the documentation shall indicate the underlying charge that resulted in the contempt or the probation or parole violation. Lack of information relating to the underlying charge shall not be grounds to refuse admission, however facility staff shall obtain such information and place it in the juvenile's file as soon as possible.

(2) Admissions determinations shall be made according to the following guidelines:

(a) An accused public offender taken into custody on a bench warrant may be admitted to the facility pending a court hearing.

(b) An accused public offender accompanied by a court order may be admitted to the facility and securely detained for any length time during the probable cause, adjudication and disposition phases of the juvenile court process, subject to any limitations set by the court and reflected in the court order.

(c) A juvenile taken into custody on a commissioner's warrant for violation of supervised placement may be detained in accordance with KRS 635.100.

(d) A juvenile charged with a capital offense, Class A felony or Class B felony who is ordered detained shall be detained in a secure detention facility or a juvenile holding facility, in accordance with KRS 610.265(2)(b).

(e) A public offender may be accepted for admission and detained after disposition pursuant to a court order specifically requiring detention. A public offender committed to the Department of Juvenile Justice and ordered detained until placed may be housed in the facility for up to thirty-five (35) days after disposition.

(f) A status offender, pursuant to KRS 630.070, shall not be placed in a secure detention facility or a juvenile holding facility as a means or form of punishment except following a finding that the status offender is in contempt of court. A status offender may be admitted to a facility and be securely detained in accordance with KRS 630.080, 630.090, 630.100, and 630.130.

(g) A federal ward or out-of-state runaway may be detained in accordance with KRS 615.010.

(3) Prior to admission, a juvenile shall be screened for injury, chemical and alcohol intoxication, and acute illness. If any questions or concerns regarding the physical or mental condition of the juvenile exist and the admitting officer believes that the juvenile needs to be examined and cleared for admission by a physician, admission shall be refused until medical clearance is obtained by the transporting officer.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1291; 1552; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:140 Admission procedures {#sec-505-kar-2-140 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:140}

Section 1.

(1) The facility shall adopt and enforce written policies and procedures which:

(a) Govern the reception and orientation of newly admitted juveniles;

(b) Provide that juveniles receive orientation in their own language; completion of orientation shall be documented by a statement that shall be signed and dated by the juvenile; and

(c) Require that a written, itemized list is made of all personal property in the possession of a newly admitted juvenile; a copy of this list, which notes all property that will be held until release, shall be given to the juvenile.

(2) Written procedures for admitting new juveniles shall include, but are not limited to:

(a) Verification of legal authority to detain;

(b) Complete search of the juvenile and possessions;

(d) Medical screening;

(e) Shower and hair care, if necessary;

(f) Issue of clean, laundered clothing, as needed;

(g) Notification of family, custodian or guardian;

(h) Provision of written orientation materials;

(i) Recording of basic personal data and information to be used for mail and visiting lists;

(j) Assistance to juveniles in notifying their families of their admission and procedures for mail and visiting;

(k) Assignment to a housing unit; and

(l) Assignments of a register number.

(3) Newly admitted juveniles shall be permitted a reasonable number of local or collect long distance telephone calls to an attorney of his choice, and to a family member, as soon as practical, generally within one (1) hour after arrival.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1293; 1552; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:150 Programs {#sec-505-kar-2-150 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:150}

Section 1.

(1) The facility shall provide or make available the following minimum services and programs consistent with federal law to adjudicated and preadjudicated juveniles:

(a) An education program;

(b) Visitation with parents, guardians or persons exercising similar custodial control or supervision;

(d) Counseling;

(e) Continuous supervision of living units;

(f) Medical services;

(g) Food services;

(h) Recreation and exercise; and

(i) Reading materials.

(2) Assessment for education programs and services shall be initiated for all juveniles as soon as they are admitted to living units.

(3) Educational opportunities shall be made available to all juveniles within ten (10) days of admission, except if there is substantial evidence to justify otherwise.

(4) Educational programs in detention facilities shall be designed to assist detained juveniles in keeping up with their studies.

(5) Educational supervisors and instructors shall be licensed or approved by the state.

(6) Formal educational programs shall have a minimum of one (1) teacher for every fifteen (15) students per class period.

(7) There shall be an annual evaluation to measure the effectiveness of the educational training programs against stated performance objectives.

(8) The facility shall issue and enforce written policies and procedures that require:

(a) A recreation and leisure-time plan including at least one (1) hour per day of large muscle activity and one (1) hour of structured leisure-time activity;

(b) Adherence to dietary and other requirements of various faiths if approved by the religious authority; and

(9) The facility shall have a staff member or trained volunteer who coordinates and supervises the recreation program.

(10) A variety of fixed and movable equipment shall be provided for each outdoor recreation area.

(11) Library services shall be available to all detained juveniles.

(12) Written policy shall define the principles, purposes and criteria used in the selection and maintenance of library materials.

(13) There shall be a volunteer staff or a contractual social services program that makes available a range of resources to meet the needs of juveniles, including individual and family counseling and community services, as required.

(14) Detained juveniles shall be afforded access to religious, mental health counseling and crisis intervention services in accordance with their needs.

(15) A staff member shall coordinate the facility's religious programs.

(16) There shall be a system for juveniles and staff to communicate with one another at all times.

(17) Work assignments shall not conflict with education programs.

(18) Juveniles shall not be permitted to perform any work prohibited by state and federal child labor laws.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities, including programs and services. This administrative regulation governs programs and services at juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1294; 1552; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:160 Communication: mail, visiting and telephone {#sec-505-kar-2-160 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:160}

Section 1.

(1) The volume of mail sent or received by a juvenile shall not be limited unless it would be detrimental to the juvenile's wellbeing or if there is evidence of criminal conduct relating to the communications. If a facility provides postage to residents, it may place a limit on the number of stamps provided to each resident. Resident mail from incarcerated individuals at other facilities or correctional institutions may be delivered, returned, or placed in the youth's possessions.

(2) The facility shall adopt and enforce written policies and procedures which:

(a) Provide that juvenile letters, both incoming and outgoing, shall not be read, unless the letter could be detrimental to the juvenile's wellbeing or there is evidence of criminal conduct relating to the letters. If correspondence is read, the youth shall be informed in advance and shall be present when the letter is opened, and the action shall be documented;

(b) Govern inspection of juvenile letters or packages for money or contraband;

(c) Require that all cash received through the mail is held for the juvenile in accordance with the procedures approved by the governing authority;

(d) Require that incoming and outgoing mail shall be held for no more than twenty-four (24) hours, and packages for no more than forty-eight (48) hours, excluding weekends and holidays;

(e) Specify that juveniles are permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, counsel, officials of the confining authority, administrators of grievance systems and members of the releasing authority;

(f) Allow the facility to provide postage for the mailing of two (2) letters per week for each juvenile, if requested, excluding legal correspondence;

(g) Govern visiting and are reviewed annually and updated if needed;

(h) Provide that juvenile visitation facilities permit informal communication, including opportunity for physical contact, if possible;

(i) Specify that visitors register upon entry into the facility and the circumstances under which visitors are searched;

(j) Govern special visits;

(k) Provide for juvenile access to the telephone to make and receive personal calls, within the limits of the orderly operation of the facility;

(l) Provide for the forwarding of first-class letters and packages after transfer or release; and

(m) Govern juvenile access to publications.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1296; 1553; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:170 Release preparation and transfer programs {#sec-505-kar-2-170 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:170}

Section 1. The facility shall adopt and enforce written procedures for releasing juveniles which shall include the following:

(1) Verification of identity;

(2) Verification of release papers;

(3) Completion of release arrangements, including the person or agency to whom the juvenile is to be released;

(4) Return of personal effects;

(5) Completion of grievances, claims for damages or lost possessions, or other pending actions;

(6) Medical screening and arrangements for community follow-up when needed;

(7) Transportation arrangements; and

(8) Instructions on forwarding of mail.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1297; 1553; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:180 Citizen and volunteer involvement {#sec-505-kar-2-180 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:180}

Section 1.

(1) The facility shall establish and enforce written policies and procedures which:

(a) Provide for securing citizen involvement in programs, including roles as advisors and interpreters between the program and the public, direct services and cooperative endeavors with juveniles under supervision;

(b) Specify the lines of authority, responsibility and accountability for the volunteer services program;

(c) Provide for the screening and selection of volunteers, allowing for recruitment from all cultural and socioeconomic segments of the community;

(d) Provide a system for identification of volunteers while they are in the facility; and

(e) Provide that the administrator curtails, postpones or discontinues the services of a volunteer or volunteer organization when there are substantial reasons for doing so.

(2) A staff member shall be responsible for coordinating the volunteer services program.

(3) Prior to assignment, each volunteer shall complete an orientation and training program appropriate to the nature of the assignment.

(4) Volunteers shall agree in writing to abide by all facility policies, particularly those relating to security and confidentiality of information.

(5) Written policy shall specify that volunteers perform professional services only when certified or licensed to do so.

(6) There shall be provisions for volunteers to participate in the establishment of policy and procedure for the volunteer services program.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1298; 1554; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:190 Waiver of compliance {#sec-505-kar-2-190 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:190}

Section 1.

(1) The Department of Juvenile Justice may grant a waiver of the rated capacity for an existing facility if it determines:

(a) That strict compliance may cause unreasonable difficulties in securing housing for juvenile offenders; and

(b) That a waiver does not seriously affect the security, supervision of juveniles, programs, or the safe, healthful, or efficient operation of the facility.

(2) If a waiver from this standard is desired, the responsible local authority shall submit a written request to the Department of Juvenile Justice. The written request shall include:

(a) Identification and description of the specific problems involved in meeting the capacity requirement.

(b) A description of the needed capacity change, including identification of the proposed usage of sleeping and program areas.

(d) Sufficient documentation demonstrating that the waiver, if granted, does not jeopardize the security, supervision of juveniles, programs, or the safe, healthful, or efficient operation of the facility.

(3) A waiver, if granted by the Department of Juvenile Justice, shall apply only to the petitioner for the period of time specified and may include conditions imposed by the department. A waiver shall not be granted for longer than twelve (12) months. A waiver granted for a twelve (12) month period shall be reviewed at the end of the period for reapproval.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities. This administrative regulation establishes a waiver process for compliance with rated capacity limits at juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1300; 1554; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:200 Physical plant {#sec-505-kar-2-200 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:200}

Section 1.

(1) The facility shall conform to all applicable zoning ordinances or, through legal means, attempt to comply with or change the laws, codes or zoning ordinances.

(2) The facility shall conform to all applicable state building codes.

(3) If the facility is on the grounds of any other type of corrections facility, federal and state regulations requiring sight and sound separation from adults shall be maintained.

(4) A juvenile detention facility shall be primarily designed for single cell sleeping areas; multiple-occupancy dorms or double-occupancy cells shall not exceed twenty (20) percent of the bed capacity of the facility.

(5) If the population of a county-operated facility exceeds the rated capacity, the chief district judge, the district judge with jurisdiction for the juvenile matters, the county judge executive and the Department of Juvenile Justice shall be notified by the facility administrator.

(6) The facility shall be utilized so that juveniles can be grouped in accordance with a classification plan.

(7) If seriously ill, mentally disordered, injured or nonambulatory juveniles are held in the facility, there shall be at least one (1) single-occupancy cell or room for them that provides for continuing staff observation.

(8) The facility shall have exits that are properly positioned, clear, and distinctly and permanently marked in order to ensure the timely evacuation of juveniles and staff in the event of fire or other emergency. All housing areas, and places of assembly for fifty (50) or more persons, shall have two (2) exits.

(9) The facility perimeter shall be secured in a way that juveniles remain within the perimeter and that access by the general public is denied without proper authorization.

(10) Facilities in operation before July 1, 1987 shall be operated with day rooms of no more than twenty-five (25) juveniles each.

(11) The facility shall have living units of no more than twenty-five (25) juveniles.

(12) All housing areas shall provide for, at a minimum:

(a) Lighting as determined by the tasks to be preformed;

(b) Toilets at a minimum ratio of one (1) for every twelve (12) juveniles in male facilities and one (1) for every eight (8) juveniles in female facilities. Urinals may be substituted for up to one-half (1/2) of the toilets in male facilities. Wash basins shall be provided at a minimum ratio of one (1) basin for every twelve (12) occupants;

(d) A heating and ventilation and acoustical system to ensure healthful and comfortable living and working conditions for juveniles and staff; and

(e) Access to a drinking fountain.

(13) If the facility houses male and female juveniles, space shall be provided for cocorrectional activities.

(14) Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment, and the equipment shall be located in an area that is readily accessible to authorized persons.

(15) Water for showers shall be temperature-controlled.

(16) Single sleeping rooms shall have at least seventy (70) square feet of floor space and juveniles shall be provided activities and services outside their rooms at least twelve (12) hours a day.

(17) All sleeping rooms in detention facilities shall have, at a minimum:

(a) Access to the following approved penal sanitation facilities:

Toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
Wash basin and drinking water;
Hot and cold running water;

(b) An approved penal bed above floor level and storage space; and

(c) Natural light. Facilities existing and operating on July 1, 1987 shall be exempt from the requirement that each sleeping room have natural light.

(18) At least thirty-five (35) square feet of floor space per juvenile shall be provided in the day room on each living unit.

(19) Male and female juveniles shall not occupy the same sleeping room.

(20) Ventilation shall be available in the event of a power failure.

(21) The total indoor activity areas outside the sleeping area shall provide space of at least 100 square feet per juvenile.

(22) There shall be at least fifteen (15) square feet of floor space per person for those occupying the dining room or dining area. Meals may be served outside the cells or sleeping areas.

(23) If the facility provides food service, the kitchen shall have at least 200 square feet of floor space.

(24) School classrooms shall be designed in conformity with local or state educational requirements except that all juvenile detention facilities shall be exempt from the requirement to have operable windows for rescue and ventilation.

(25) There shall be a visiting area that allows for privacy during visits.

(26) There shall be a well-drained outdoor recreation area for all new, renovated and existing facilities.

(27) Space shall be available for religious services.

(28) The facility shall have a central medical room with medical examination facilities.

(29) If there is a confinement room separate from the living unit, it shall be equipped with plumbing and security furniture.

(30) There shall be interview space available in or near the living unit.

(31) The office in each housing unit shall have a telephone and enable supervision of the general living area; it shall be used for communications, staff conferences and storage of unit records.

(32) There shall be secure storage space provided for storage of juveniles' property and personal belongings.

(33) There shall be storage rooms for clothing, bedding and facility supplies.

(34) Closets for storage of cleaning supplies and equipment shall be located in each principal area and shall be well ventilated.

(35) Separate and adequate space shall be provided for mechanical equipment

(36) There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.

(37) There shall be documentation by an independent, qualified source that the interior finishing material in juvenile areas, exit areas and places of public assembly are in accordance with recognized national fire safety codes.

(38) The facility shall issue and enforce written policy and procedure providing that a new detention facility shall be built or the existing facility expanded after a needs evaluation study has been prepared by the agency in conjunction with the juvenile court and the Department of Juvenile Justice.

(39) Prior to plans development for newly-planned facilities, a written program philosophy shall be developed for the facility, which includes:

(a) Statement of general goals and purposes of the facility;

(b) Description of the facility, including statutory authority and services to be provided.

(d) Assessment of the impact of the facility on overall operation of the parent agency;

(e) Justification for the facility;

(f) Analysis of alternative means for achieving the same goals;

(g) Description of space requirements;

(h) Outline of budget and time restrictions; and

(i) Study of alternate ways of satisfying space requirements, including leasing, renovation and new construction.

(40) Each living unit shall be designed so that individual rooms, day rooms and program staff offices are in close proximity to juveniles for purposes of communication and interaction.

(41) Disabled juveniles shall be housed in a manner that provides for their safety and security. Cells or housing units used by them shall be designed for their use, and provide the maximum possible integration with the general population. Appropriate institution programs and activities shall be accessible to disabled juveniles confined in the facility.

(42) All parts of the facility that are accessible to the public shall be accessible to and usable by disabled staff and visitors.

(43) There shall be a day room for each housing unit or detention room cluster. The room shall have a minimum of thirty-five (35) square feet of floor space per juvenile for the maximum number using the day room at one (1) time and shall be separate and distinct from the sleeping area, which is immediately adjacent and accessible.

History

RELATES TO: KRS 15A.210-15A.240, 28 C.F.R. 31.303
STATUTORY AUTHORITY: KRS 15A.210(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 requires the Department of Juvenile Justice to promulgate administrative regulations governing the operation of juvenile detention centers and juvenile holding facilities, including the physical plant. This administrative regulation governs the physical plants at juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1301; 1554; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:210 Application for construction, expansion or renovation {#sec-505-kar-2-210 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:210}

Section 1. Purpose. The purpose of this administrative regulation is to provide minimum standards for the construction, expansion or renovation of juvenile detention facilities and for measuring compliance of existing juvenile detention facilities in accordance with 505 KAR 2:010 through 505 KAR 2:200.

Section 2. Consultation. The Department of Juvenile Justice may upon request provide for any county government which wishes to remodel an existing juvenile detention facility or construct a new juvenile detention facility, a consultant knowledgeable in the design, utilization, and operation of juvenile detention facilities. The consultant shall meet with the appropriate officials of that county and advise them in matters including the following:

(1) Site selection;

(2) Probable need as it relates to capacity and types of juveniles to be housed;

(3) Sources of financing for construction;

(4) Laws and administrative regulations relating to facilities for juveniles;

(5) Sources of revenue for operations of the juvenile detention facility;

(6) Probable cost for operation of the juvenile detention facility; and

(7) Potential for shared facilities with adjoining counties.

Section 3. Approval. A juvenile detention facility shall not be built without prior approval by the Department of Juvenile Justice. The criteria considered in the approval process shall include the following:

(1) Size;

(2) Proximity to courts;

(3) Proximity to community resources;

(4) Availability of public transportation;

(5) Environmental health;

(6) Adequate parking;

(7) Provisions for future expansion; and

(8) Department of Juvenile Justice initiatives.

Section 4. Construction Documents. Prior to the construction, expansion, or renovation of any juvenile detention facility, plans and specifications shall be submitted to the Department of Juvenile Justice for review and approval as follows:

(1) Programming phase. This submission shall show:

(a) Statement of general goals and purposes of the facility including a written program philosophy;

(b) Description of services to be provided;

(d) Assessment of the impact of facility on overall operation of parent agency;

(e) Population analysis;

(f) Space requirements based on population analysis and standards for the facility and site outlined in 505 KAR 2:010 through 505 KAR 2:200;

(g) Alternate means of satisfying space requirements;

(h) Needs assessment to determine bed space;

(i) Needs assessment to determine services and programming;

(j) Workloan analysis;

(k) Programs analysis;

(l) Staffing analysis;

(m) Proposed governing authority and administration;

(n) Cost analysis;

(o) Financing alternatives;

(p) Outline of time restrictions; and

(q) Summary and recommendations.

(2) Schematic phase.

(a) Scale drawings of each floor plan with all proposed rooms and areas one-eighth (1/8) inch minimum;

(b) Scale drawings of the site, locating the building, parking and other facilities - one (1) inch equals fifth (50) feet; and

(d) Sections through the proposed structure indicating ceiling heights of room, mechanical spaces, roof slopes and other related information;

(e) Scale elevation drawings of all exterior walls; and

(f) Schematic cost estimate.

(3) Design development phase.

(a) Scale drawings on each floor plan with all proposed rooms and areas with their dimensions one-eighth (1/8) inch minimum;

(b) All necessary construction drawings including construction details;

(d) A proposed contract with general and special conditions;

(e) Engineering calculations for the foundations, structure, heating ventilating, air conditioning, lighting, and plumbing; and

(f) Detailed estimates of cost of land, site development, construction, financing, professional services, equipment and furnishings.

(4) Construction document phase.

(a) Revised design development construction drawings following review by all applicable agencies.

(b) Signed by an architect registered in the Commonwealth of Kentucky and revised if necessary to include all changes required by the Department of Juvenile Justice.

(5) Contract administration.

(a) Signed copies of all contracts for construction financing and bonding;

(b) Signed copies of all construction permits;

(d) All change orders shall be submitted to the Department of Juvenile Justice for review and approval.

(6) An on-site inspection schedule shall be submitted for inspection by governing authority, contractors, and the Department of Juvenile Justice.

(7) The Department of Juvenile Justice shall review all submissions within thirty (30) days of receipt and issue a letter of approval, acceptance with required changes, or rejection with reasons. Construction shall not be started until the construction document phase as required in subsection (4) of this section has been approved.

(8) Depending on the site of the proposed construction, renovation or addition, the Department of Juvenile Justice may combine two (2) or more phases as outlined above for review and approval.

(9) All changes prior to the approval of final construction documents shall require appropriate modifications to the final construction documents including redrawing of plans and rewriting of specifications. All changes after the approval of final construction documents shall require adequate documentation which fully describes and illustrates the changes which may include written and graphic addenda, field orders and change orders. In addition, a set of accurate as built drawings will be submitted to the Department of Juvenile Justice within sixty (60) days of occupancy of the facility.

Section 5. Fee. A one (1) time processing fee of $250 shall accompany each application filed with the Department of Juvenile Justice pursuant to this administrative regulation.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1303; 1555; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:220 Registration {#sec-505-kar-2-220 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:220}

Section 1. The following information, as defined, shall be included in the registration:

(1) "Agency administrator" means the person responsible for the day-to-day operation of the facility.

(2) "Agency director" means the person who oversees the operation of the facility and reports to the governing authority.

(3) "Bed capacity" means the total number of beds and their allotment as requested in 505 KAR 2:210, Section 4.

(4) "Client information" means the type of youth served and average length of detention for each type. Types include, but are not limited to, the following:

(a) Public offenders;

(b) Status offenders;

(d) Preadjudicative; and

(e) Postadjudicative.

(5) "Contact person" means the agency administrator or the person designated by the agency administrator as liaison with the Department of Juvenile Justice.

(6) "Facility identifier" means the name of the juvenile detention facility.

(7) "Fiscal" means those agencies and organization that allot funds for operation of the facility.

(8) "Governing authority" means the organization ultimately responsible for ownership of the facility. This may be the county fiscal court, the city council or board of directors or trustees.

(9) "Physical plant" means the floor plans or a copy of the floor plans if any changes have been made after prior filing with the Department of Juvenile Justice.

(10) "Programming" means the listing of all services and programming of the facility such as medical or education.

Section 2. Each juvenile facility that is in operation shall register with the Department of Juvenile Justice on an annual basis.

Section 3. A one (1) time processing fee of fifty (50) dollars shall accompany each registration filed with the Department of Juvenile Justice pursuant to this administrative regulation.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1305; 1556; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

505 KAR 2:230 Additional standards for juvenile holding facilities {#sec-505-kar-2-230 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:230}

Section 1.

(1) The facility shall maintain separation between juveniles and adults so that there is no sustained sight or sound contact between juveniles and incarcerated adults in the facility. Separation shall be achieved architecturally in residential areas, and may be achieved through time-phasing in indoor recreation, outdoor recreation, education and dining areas, and other nonresidential areas.

(2) Adult inmates shall not be permitted in any juvenile residential areas under any circumstances.

(3) Adult inmates shall not, under any circumstances, be permitted in any common use nonresidential areas when juveniles are present in such areas.

(4) If juveniles share programming space with adult inmates, or must travel through the adult area of the facility to access any juvenile area, the facility shall have a written policy and corresponding procedures outlining the process that shall be used to ensure that juveniles remain sight and sound separated from adults when moving to and from activities in common areas or facilities shared with the adult inmates, and while participating in activities in these areas.

(5) The facility shall have completely separate juvenile and adult programs. The facility shall adopt written policies and procedures that are completely separate from those developed for the adult portion of the facility.

(6) The jailer shall appoint an individual to serve as the supervisor of the juvenile holding facility. Except for the jailer, who is responsible for the entire jail operation, all management, security, and direct care staff for the juvenile holding facility shall be completely separate from that for the adult facility. Staff providing medical care, food service, laundry, maintenance, engineering, and other specialized services, may serve both the adult and juvenile populations.

History

RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
History: 26 Ky.R. 1307; 1557; eff. 2-14-2000; Crt eff. 3-13-2019; Crt eff. 3-11-2026.

Title 505 KAR — Justice and Public Safety Cabinet - Department of Juvenile Justice

Chapter 1 Child Welfare

505 KAR 1:010 Definitions {#sec-505-kar-1-010 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:010}

505 KAR 1:050 Local juvenile delinquency prevention councils: formation procedure {#sec-505-kar-1-050 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:050}

505 KAR 1:060 Local juvenile delinquency prevention councils: operation and duties {#sec-505-kar-1-060 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:060}

505 KAR 1:070 Local juvenile delinquency prevention councils: Community Juvenile Justice Partnership Grant Program {#sec-505-kar-1-070 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:070}

505 KAR 1:080 Kentucky Educational Collaborative for State Agency Children {#sec-505-kar-1-080 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:080}

505 KAR 1:090 Supervised placement revocation {#sec-505-kar-1-090 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:090}

505 KAR 1:100 Admissions {#sec-505-kar-1-100 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:100}

505 KAR 1:110 Intake and orientation {#sec-505-kar-1-110 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:110}

505 KAR 1:120 Department of Juvenile Justice Policies and Procedures Manual: Health and Safety Services {#sec-505-kar-1-120 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:120}

505 KAR 1:130 Department of Juvenile Justice Policies and Procedures: juvenile services in community {#sec-505-kar-1-130 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:130}

505 KAR 1:140 Department of Juvenile Justice Policies and Procedures Manual: detention services {#sec-505-kar-1-140 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:140}

505 KAR 1:160 Department of Juvenile Justice Policy and Procedures Manual: Juvenile Sexual Offender Treatment Program {#sec-505-kar-1-160 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:160}

505 KAR 1:170 Department of Juvenile Justice Policies and Procedures: Prison Rape Elimination Act of 2003 (PREA) {#sec-505-kar-1-170 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:170}

505 KAR 1:180 Day treatment admissions {#sec-505-kar-1-180 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:180}

505 KAR 1:185 Day treatment programs {#sec-505-kar-1-185 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:185}

505 KAR 1:190 Department of Juvenile Justice Policy and Procedures: Interstate Compact for Juveniles {#sec-505-kar-1-190 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:190}

505 KAR 1:200 Cell entry teams, emergency response teams, and emergency response training {#sec-505-kar-1-200 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:200}

505 KAR 1:210 Restraints and control methods {#sec-505-kar-1-210 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:210}

505 KAR 1:220 Transportation of juveniles {#sec-505-kar-1-220 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:220}

505 KAR 1:230 Facility capacity, staffing, and population count {#sec-505-kar-1-230 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:230}

505 KAR 1:240 Dietary services {#sec-505-kar-1-240 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:240}

505 KAR 1:250 Drug screening and testing {#sec-505-kar-1-250 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:250}

505 KAR 1:260 Education {#sec-505-kar-1-260 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:260}

505 KAR 1:270 Grievances {#sec-505-kar-1-270 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:270}

505 KAR 1:280 Hair and grooming {#sec-505-kar-1-280 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:280}

505 KAR 1:290 Juvenile allowance and work detail {#sec-505-kar-1-290 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:290}

505 KAR 1:300 Juvenile records and information {#sec-505-kar-1-300 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:300}

505 KAR 1:310 Leave, releases, and furloughs {#sec-505-kar-1-310 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:310}

505 KAR 1:320 Library services {#sec-505-kar-1-320 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:320}

505 KAR 1:330 Personal property, dress, and clothing and bedding supply {#sec-505-kar-1-330 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:330}

505 KAR 1:340 Recreation {#sec-505-kar-1-340 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:340}

505 KAR 1:350 Religious practice {#sec-505-kar-1-350 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:350}

505 KAR 1:360 Searches {#sec-505-kar-1-360 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:360}

505 KAR 1:370 Treatment {#sec-505-kar-1-370 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:370}

505 KAR 1:380 Mail, visiting, and telephone use {#sec-505-kar-1-380 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:380}

505 KAR 1:390 Juvenile accounts and youth activity fund account {#sec-505-kar-1-390 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:390}

505 KAR 1:400 Behavior management and progressive discipline {#sec-505-kar-1-400 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:400}

505 KAR 1:410 Restrictive housing and protective custody {#sec-505-kar-1-410 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:410}

505 KAR 1:420 Youthful offenders {#sec-505-kar-1-420 omnilex-key=us-ky-regs-official--title-505--505 KAR 1:420}

Chapter 2 Juvenile Detention Facilities

505 KAR 2:010 Definitions {#sec-505-kar-2-010 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:010}

505 KAR 2:020 Administration, organization and management {#sec-505-kar-2-020 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:020}

505 KAR 2:030 Personnel {#sec-505-kar-2-030 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:030}

505 KAR 2:040 Juvenile records {#sec-505-kar-2-040 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:040}

505 KAR 2:050 Safety and emergency procedures {#sec-505-kar-2-050 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:050}

505 KAR 2:060 Security and control {#sec-505-kar-2-060 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:060}

505 KAR 2:070 Food service {#sec-505-kar-2-070 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:070}

505 KAR 2:080 Sanitation and hygiene {#sec-505-kar-2-080 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:080}

505 KAR 2:090 Juvenile rights {#sec-505-kar-2-090 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:090}

505 KAR 2:100 Training and staff development {#sec-505-kar-2-100 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:100}

505 KAR 2:110 Medical and health care services {#sec-505-kar-2-110 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:110}

505 KAR 2:120 Rules and discipline {#sec-505-kar-2-120 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:120}

505 KAR 2:130 Intake {#sec-505-kar-2-130 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:130}

505 KAR 2:140 Admission procedures {#sec-505-kar-2-140 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:140}

505 KAR 2:150 Programs {#sec-505-kar-2-150 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:150}

505 KAR 2:160 Communication: mail, visiting and telephone {#sec-505-kar-2-160 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:160}

505 KAR 2:170 Release preparation and transfer programs {#sec-505-kar-2-170 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:170}

505 KAR 2:180 Citizen and volunteer involvement {#sec-505-kar-2-180 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:180}

505 KAR 2:190 Waiver of compliance {#sec-505-kar-2-190 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:190}

505 KAR 2:200 Physical plant {#sec-505-kar-2-200 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:200}

505 KAR 2:210 Application for construction, expansion or renovation {#sec-505-kar-2-210 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:210}

505 KAR 2:220 Registration {#sec-505-kar-2-220 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:220}

505 KAR 2:230 Additional standards for juvenile holding facilities {#sec-505-kar-2-230 omnilex-key=us-ky-regs-official--title-505--505 KAR 2:230}

Setzen Sie Ihre Recherche in ChatGPT oder Claude fort