KRS 610.030: Preliminary intake inquiry procedures -- Resulting actions -- Formal

conference -- Family screening tool -- Diversion agreement and family

diversion agreement.

Except as otherwise provided in KRS Chapters 600 to 645:

(1) If any person files a complaint alleging that a child, except a child alleged to be

neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the

court, may be within the purview of KRS Chapters 600 to 645, the court -designated

worker shall ma ke a preliminary determination as to whether the complaint is

complete. In any case where the court-designated worker finds that the complaint is

incomplete, the court-designated worker shall return the complaint without delay to

the person or agency originating the complaint or having knowledge of the facts, or

to the appropriate law enforcement agency having investigative jurisdiction of the

offense, and request additional information in order to complete the complaint. The

complainant shall promptly furnish the additional information requested;

(2) (a) Upon receipt of a complaint which appears to be complete and which alleges

that a child has committed a public offense, the court -designated worker shall

refer the complaint to the county attorney for revie w pursuant to KRS

635.010.

(b) If after review the county attorney elects to proceed, the court -designated

worker shall conduct a preliminary intake inquiry to recommend whether the

interests of the child or the public require that further action be taken or

whether, in the interest of justice, the complaint can be resolved informally

without the filing of a petition;

(3) Upon receipt of a truancy intervention precomplaint form required in KRS

159.152(2), the court -designated worker shall proceed in accorda nce with KRS

610.035;

(4) Upon receipt of a complaint that appears to be complete and that alleges that the

child has committed a status offense, the court -designated worker shall conduct a

preliminary intake inquiry to determine whether the interests of t he child or the

public require that further action be taken;

(5) Prior to conducting a preliminary intake inquiry, the court -designated worker shall

notify the child and the child's parent, guardian, or other person exercising custodial

control or supervision of the child in writing:

(a) Of their opportunity to be present at the preliminary intake inquiry;

(b) That they may have counsel present during the preliminary intake inquiry and

the formal conference;

(c) 1. That all information supplied by the child to a court -designated worker

during any process prior to the filing of the petition shall be deemed

confidential and shall not be subject to subpoena or to disclosure

without the written consent of the child.

2. That information may be shared between treatment providers, the court -

designated worker, and if applicable, the RISE team to enable the court -

designated worker to facilitate services and facilitate compliance with

the diversion agreement; and

(d) That the child has the right to deny the allegation and demand a formal court

hearing;

(6) The preliminary intake inquiry shall include the administration of a n evidence -

based screening tool and, if appropriate and available, a validated risk and needs

assessment, in order to identify whether the child and his or her family are in need

of services and the level of intervention needed;

(7) (a) Upon the completion of the preliminary intake inquiry for a minor who is

alleged to be a status offender and has been reported to the county attorney as

required under KRS 159.140(3)(b), the court -designated worker shall, if the

county attorney elects not to refer the compla int for formal court action,

proceed under subsection (9) of this section.

(b) Upon the completion of the preliminary intake inquiry for all other

allegations, the court-designated worker may:

1. If the complaint alleges a status offense, and is filed agai nst a student

from a school:

a. Without a SOAR Program, determine that no further action be

taken; or

b. With a SOAR Program, determine that no further action be taken

subject to review by the RISE team;

2. If the complaint alleges a public offense, refer the complaint to the

county attorney;

3. Refer a public offense complaint for informal adjustment; or

4. Based upon the results of the preliminary intake inquiry, other

information obtained, and a determination that the interests of the child

and the publi c would be better served, and with the written approval of

the county attorney for a public offense complaint, if necessary, conduct

a formal conference and enter into a diversion agreement;

(8) Upon receiving written approval of the county attorney, if ne cessary, to divert a

public offense complaint, and prior to conducting a formal conference, the court -

designated worker shall advise in writing the complainant, the victim if any, and the

law enforcement agency having investigative jurisdiction of the offense:

(a) Of the recommendation and the reasons therefor and that the complainant,

victim, or law enforcement agency may submit within ten (10) days from

receipt of such notice a complaint to the county attorney for special review; or

(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact

that the child was statutorily entitled to divert the case;

(9) A formal conference shall include the child and his or her parent, guardian, or other

person exercising custodial control or supervi sion and may, upon agreement of the

court-designated worker, the child, and his or her parent, guardian, or other person

exercising custodial control or supervision, include other adult support persons who

are a significant presence in the child's life. The formal conference shall be used to:

(a) Present information obtained at the preliminary intake inquiry; and

(b) Administer an evidence -based family screening tool to identify family

strengths, needs, and risks. Results from the family screening shall be used to

develop a family diversion agreement that shall not exceed twelve (12)

months in duration, and:

1. Shall include:

a. An individualized plan for the child and his or her parent,

guardian, or other person exercising custodial control or

supervision to address the needs of the child and the family;

b. A requirement that the child regularly attend school or participate

in a specifically identified educational program agreed upon by the

child, the court -designated worker, and the parent, guardian, or

other person exercising custodial control or supervision that

includes monitoring and reporting requirements to ensure

compliance;

c. A plan for monitoring the child's and family's progress and

completion of the agreement, and for communication between the

family and the court-designated worker; and

d. For a child against whom a complaint alleging habitual truancy

has been filed under KRS 159.140(3)(b), a requirement that if the

child is absent from school without excuse for eight (8) days

during one (1) schoo l term, as defined in KRS 158.070, following

the establishment of a family diversion agreement, the family shall

immediately be considered to have failed to complete the family

diversion agreement and subsection (10)(b)2. of this section shall

immediately apply; and

2. May include:

a. Referral of the child, parent, guardian, or other person exercising

custodial control or supervision of the child, orthe family unit, if

appropriate, to any or all of the following:

i. A public or private entity or person for the provision of

identified services to address needs identified through the

family screening;

ii. A community service program within the limitations

provided under KRS 635.080(2);

iii. School-based resources such as mental health services,

family resource and youth service centers, or other available

services and programs;

iv. A restorative justice program; or

v. Any other available and appropriate program or service;

b. Restitution, limited to the actual pecuniary loss suffered by the

victim, if the child has the means or ability to make restitution;

c. Notification that the court-designated worker may apply graduated

sanctions to the child or parent, guardian, or other person

exercising custodial control or supervision for failure to comply

with the family diversion agreement; and

d. Any other provisions agreed upon by the court -designated worker,

the child, and the parent, guardian, or other person exercising

custodial control or supervision.

3. Prior to developing the family diversion agreement, the court-designated

worker shall contact the school district that the child attends to obtain

background information from school personnel regarding family

background, education records, any services previously provided, and

any recommended trauma informed strategies.

4. a. Upon developing a family diversion agreement, the court -

designated worker shall electronically notify the director of pupil

personnel at the school district that the child attends that the child

has entered into a family diversion agreement, including the date

of the agreement, and provide summary information regarding the

child to be given to the individuals specified in this subparagraph.

The summary information shall include the:

i. Child's name;

ii. Underlying charge for which diversion was granted;

iii. Date the child was placed on diversion; and

iv. Anticipated end date of the diversion period.

b. The summary information shall be accessible to the county

attorney, who shall be provided the summary information and who

may share that information with any law enforcement officer who

specifically requests that information and wh o has a legitimate

reason, related to his or her employment, to receive the

information.

c. The summary information shall be accessible to the superintendent

of the public school district in which the child is enrolled, or the

principal of any private elem entary or secondary school that the

child attends, subject to the following:

i. A superintendent receiving the information pursuant to this

subparagraph may share the information with the director of

pupil personnel and any school resource officer or any o ther

contract employee hired to provide security services for the

school that the child attends; and

ii. A principal of a private school receiving the information

pursuant to this subparagraph may share the information

with any person who provides security services for the

school that the child attends;

(10) (a) If a child and his or her parent, guardian, or other person exercising custodial

control or supervision successfully completes the family diversion agreement,

the underlying complaint against the ch ild shall be dismissed and further

action related to that complaint shall be prohibited. Upon completion of the

family diversion agreement, the court -designated worker shall electronically

notify the director of pupil personnel at the school district that the child

attends, including the date the agreement was successfully completed.

(b) 1. If a child fails to appear for a preliminary intake inquiry or declines to

enter into a family diversion agreement, then:

a. For a public offense complaint, the matter s hall be referred to the

county attorney for review and possible formal court action; and

b. For a status offense complaint filed against a student from a

school:

i. Without a SOAR Program, the court-designated worker shall

refer the matter to the county attorney for review and further

action;

ii. With a SOAR Program, the court -designated worker shall

refer the matter to the RISE team; and

2. a. If a child and his or h er parent, guardian, or other person

exercising custodial control or supervision fail to complete a

family diversion agreement, then the court-designated worker shall

review the case to determine the primary reason for the failure.

b. If the court -designated worker determines that the primary reason

for the failure is lack of involvement by:

i. The parent, guardian, or other person exercising custodial

control or supervision, then the court -designated worker

shall refer the case to the cabinet and shall sha re the results

of the family -based screening tool with the cabinet at the

time of the referral. The cabinet shall conduct an

investigation of suspected dependency, neglect, or abuse of

the child as required by KRS 605.130 and notify both the

court-designated worker and the county attorney of its

planned course of action and recommendation of how to

proceed; or

ii. The child, then the case shall be referred to the county

attorney, and if a petition is filed, the child may request that

the court dismiss the c omplaint based upon his or her

substantial compliance with the terms of diversion;

(11) If the county attorney refers a complaint for habitual truancy to the court, the

county attorney shall electronically notify the director of pupil personnel at the

school district that the child attends that the complaint has been filed, including the

date of the filing;

(12) If a complaint is referred to the court, the complaint and findings of the court -

designated worker's preliminary intake inquiry and any family asse ssment

conducted pursuant to subsection (9) of this section shall be submitted to the court

for the court to determine whether process should issue; and

(13) At any stage in the proceedings described in this section, the court or the county

attorney may re view any decision of the court -designated worker. The court upon

its own motion or upon written request of the county attorney may refer any

complaint for a formal hearing.