KRS 610.295: Detention costs -- Assessment against parent after hearing -- Payments

when adjudication based on status offense or public offense -- Payment

schedule and discharge.

(1) Any statute to the contrary notwithstanding, detention costs shall not be assesse d by

a court against a parent unless the court has conducted a hearing and has

determined:

(a) That the child has previously been adjudicated as a habitual truant under KRS

Chapter 630, a public offender under KRS Chapter 635, or a youthful offender

under KRS Chapter 640, and now stands adjudicated guilty of a subsequent

habitual truancy or public offense, or is now being considered for transfer to

the Circuit Court for trial as a youthful offender; and

(b) That the failure or neglect of the parent to prope rly supervise or control the

child is a substantial contributing factor of the act or acts of the child upon

which the proceeding is based; and

(c) That the parent has the financial ability to pay any fees ordered.

(2) Any orders for payment shall direct t hat payments be made to the fiscal court or

legislative body of a consolidated local government, urban -county government, or

charter government if detention is based upon adjudication related to a status

offense and to the Department of Juvenile Justice if the adjudication is based upon a

public offense or transfer as a youthful offender.

(3) The fiscal court or legislative body of a consolidated local government, urban -

county government, or charter government or the Department of Juvenile Justice, as

appropriate, shall establish a payment schedule for parents against whom detention

costs have been assessed, and may discharge any remaining portion of the debt upon

proof of substantial change in circumstances of the parent.

(4) The authority granted under subsection (3) of this section may be applied to all pre -

existing court orders assessing detention costs in effect on July 15, 2002.