KRS 605.090: Alternative treatment for committed children -- Notice of

inappropriate behavior of child -- Procedures for removal of child

committed as dependent, neglected, or abused -- Reports -- Written

transfer summary -- Placement of public offenders.

(1) Unless precluded by law, any child committed to the Department of Juvenile

Justice or the cabinet may by the decision of the Department of Juvenile

Justice or the cabinet or its designee, at any time during the period of his or her

commitment, be:

(a) Upon fourteen (14) days' prior written notice to the court, discharged from

commitment. Written notice of discharge shall be given to the committing

court and to any other parties as may be required by law;

(b) Placed in the home of the child's parents, in the home of a relative or a

fictive kin, a suitable foster home, or boarding home, upon such

conditions as the Department of Juvenile Justice or the cabinet may

prescribe and subject to visitation and supervision by a social service

worker or juvenile probation and parole officer.

1. At the time a committed child is placed in the home of his or her

parents by the Department of Juvenile Justice or the cabinet, the

parents shall be informed in writing of the conditions of the

placement and the criteria that will be used to determine whether

removal is necessary.

2. At the time a committed child is placed anywhere other than the

home of the child's parents, the cabinet or the Department of

Juvenile Justice shall inform the foster home, the relative, the fictive

kin, or the governing authority of any private facility or agency in

which the child has been placed whether the minor placed is a

juvenile sexual offender as defined in KRS 635.505(2) or of any

inappropriate sexual acts or sexual behavior by the child specifically

known to the cabinet or Department of Juvenile Justice, and any

behaviors of the child specifically known to the cabinet or

Department of Juvenile Justice that indicate a safety risk for the

placement. Information received by any private facility or agency

under this paragraph shall be disclosed immediately and directly to

the individual or individuals who have physical custody of the child.

3. If, after a placement is made, additional information is obtained by

the cabinet or the Department of Juvenile Justice about

inappropriate sexual behavior or other behavior of the committed

child that may indicate a safety risk for the placement, the cabinet or

the Department of Juvenile Justice shall as soon as practicable, but

no later than seventy-two (72) hours after the additional information

is received, inform the foster parent, relative, fictive kin, or private

facility or agency. Additional information received by any private

facility or agency shall be disclosed immediately and directly to the

individual or individuals who have physical custody of the child.

4. Information disclosed under this paragraph shall be limited to the

acts or behaviors of the committed child and shall not constitute a

violation of confidentiality under KRS Chapter 610 or 620. No foster

parent, relative, fictive kin, or other person caring for a committed

child shall divulge the information received under this paragraph to

persons who do not have a legitimate interest or responsibility

relating to the case. Nothing in this subparagraph shall prohibit the

disclosure or sharing of information between a foster parent,

relative, fictive kin, custodian, private facility, or governmental entity

for the protection of any child. A violation of this subparagraph is a

Class B misdemeanor;

(c) Placed in one (1) of the facilities or programs operated by the Department

of Juvenile Justice or the cabinet, except that no child committed under

the provisions of KRS 610.010(2)(a), (b), or (c) shall be placed in a facility

operated by the Department of Juvenile Justice for children adjudicated

as a public offender unless the cabinet and the department agree, and the

court consents, that the placement is in the best interest of the child and

that the placement does not exceed a group home level;

(d) Placed in a child-caring facility operated by a local governmental unit or

by a private organization willing to receive the child, upon such conditions

as the cabinet may prescribe;

(e) However, under no circumstances shall a child committed under KRS

Chapter 620 be placed in a home, facility, or other shelter with a child who

has been committed to the Department of Juvenile Justice for commission

of a sex crime, as that term is defined in KRS 17.500, unless the child

committed for the commission of a sex crime is kept segregated from

other children in the home, facility, or other shelter that have not been

committed for the commission of a sex crime;

(f) Treated as provided in KRS Chapter 645;

(g) Following the transfer or placement of a child pursuant to paragraphs (b),

(c), (d), (e), or (f) of this subsection, the Department of Juvenile Justice or

the cabinet shall, within fourteen (14) days, excluding weekends and

holidays, give written notice to the court of the transfer, the placement,

and the reasons therefor.

(2) No child ten (10) years of age or under shall be placed in a facility operated by

the Department of Juvenile Justice for children adjudicated as public offenders,

except that a child charged with the commission of a capital offense or with an

offense designated as a Class A or Class B felony may be detained in a

state-operated detention facility when there is no available less restrictive

alternative.

(3) If a child committed to the cabinet as dependent, neglected, or abused is

placed in the home of the child's parents, the child shall not be removed except

in accordance with the following standards and procedures:

(a) If the social service worker believes that the committed child continues to

be dependent, neglected, or abused, but immediate removal is

unnecessary to protect the child from imminent death or serious physical

injury, the casework situation and evidence shall be reviewed with his

supervisor to determine whether to continue work with the family intact or

to remove the child. There shall be documentation that the social service

worker, prior to the court hearing, made an effort to contact the parents to

inform them of the specific problems that could lead to removal so they

have an opportunity to take corrective action. If the parents are

unavailable or do not respond to attempts to communicate, the specific

circumstances shall be documented;

(b) If it appears that the child's health or welfare or physical, mental, or

emotional condition is subjected to or threatened with real and substantial

harm and there is not reasonably available an alternative less drastic than

removal of the child from the home, the cabinet shall petition the District

Court to review the commitment pursuant to KRS 610.120 in relation to

the cabinet's intention to remove the child from the parent's home. The

petition shall set forth the facts which constitute the need for removal of

the child. The court shall serve notice of the petition and the time and

place of the hearing on the parents; however, the social service worker

shall also contact the parents to ensure that they received the notice and

are aware of the right to be represented by counsel. If the parents'

whereabouts are unknown, notice may be mailed to the last known

address of an adult who is a near relative. If the court fails to find that the

child's health or welfare or physical, mental, or emotional condition is

subjected to or threatened with real and substantial harm, or recommends

a less drastic alternative that is reasonably available, the child shall not be

removed from the parents' home;

(c) If a social service worker finds a committed, unattended child who is too

young to take care of himself, the social service worker shall make

reasonable efforts to arrange for an emergency caretaker in the child's

home until the parents return or fail to return within a reasonable time. If

no in-home caretaker is available for the child, the social service worker

shall request any appropriate law enforcement officer to take the child into

protective custody. If, after a reasonable time, it appears the child has

been abandoned, the cabinet shall petition the District Court to review the

case; or

(d) If there exist reasonable grounds to believe that the child is in danger of

imminent death or serious physical injury or is being sexually abused and

that the parents are unable or unwilling to protect the child, the social

service worker shall, with the assistance of a law enforcement officer,

immediately remove the child prior to filing a petition for review. Within

seventy-two (72) hours after the removal, the cabinet shall file a petition

for review in District Court pursuant to KRS 610.120 with a request for an

expeditious hearing. If the court fails to find that the child's health or

welfare or physical, mental, or emotional condition is subjected to or

threatened with real and substantial harm, or recommends a less drastic

alternative that is reasonably available, the child shall be returned to the

parents' home.

(4) The cabinet or the Department of Juvenile Justice, as appropriate, shall notify

the juvenile court of the county of placement with the conditions of supervised

placement of each child placed in that county from one (1) of the residential

treatment facilities operated by the Department of Juvenile Justice or the

cabinet. Notice of the conditions of such placement may be made available by

the court to any law enforcement agency.

(5) The person in charge of any home to which a child is probated, and the

governing authority of any private facility or agency to which a child is

committed, shall make such reports to the court as the court may require, and

such reports as the Department of Juvenile Justice or the cabinet may require

in the performance of its functions under the law. The Department of Juvenile

Justice or the cabinet shall have the power to make such visitations and

inspections of the homes, facilities, and agencies in which children who have

committed public offenses have been placed as it deems necessary to carry

out its functions under the law.

(6) The Department of Juvenile Justice or the cabinet shall provide a written

transfer summary to the person in charge of any foster home or any governing

authority of any private facility or agency in which the Department of Juvenile

Justice or the cabinet has placed a child. The written summary shall include, at

a minimum, demographic information about the child, a narrative statement

detailing the child's prior placements, the length of time the child has been

committed, a description of the services and assistance provided to the child or

the child's family since the most current case plan, a copy of the current case

plan for the child and the child's family, and a copy of the child's medical and

educational passport, if available, provided that no information shall be

provided that violates any statutory confidentiality requirements. The transfer

summary shall state whether the child placed is a juvenile sexual offender as

defined in KRS 635.505(2), and include information required under subsection

(1) of this section. The transfer summary shall be provided by the Department

of Juvenile Justice if it is responsible for the child, or the cabinet if it is

responsible for the child, within seven (7) days of the placement of the child

with the person, agency, or facility providing care to the child.

(7) The Department of Juvenile Justice may assist the courts in placing children

who have committed public offenses in boarding homes, and, under

agreements with the individual courts, may assume responsibility for making

such placements. Counties may pay or contribute towards the expenses of

maintaining such children and, to the extent authorized by the fiscal court, the

Department of Juvenile Justice may incur obligations chargeable to the county

for such expenses.