KRS 630.080: Detention in secure juvenile detention facility or juvenile holding facility --

Limitation on detention of child.

(1) (a) In order for the court to detain a child after the detention hearing, the

Commonwealth shall establish probable cause at the detention hearing that the

child is a status offender and that further detention of the child is necessary for

the protection of the child or the community.

(b) If the Commonwealth fails to establish probable cause that the child is a status

offender, the complaint shall be dismissed and the child shall be released.

(c) If the Commonwealth establishes probable cause that the child is a status

offender, but that further detention of the child is not necessary for the

protection of the child or the commu nity, the child shall be released to the

parent or person exercising custodial control or supervision of the child.

(d) If grounds are established that the child is a status offender, and that further

detention is necessary, the child may be placed in a no nsecure setting

approved by the Department of Juvenile Justice.

(2) Notwithstanding KRS 630.095, a status offender may be securely detained if the

cabinet has initiated or intends to initiate transfer of the youth by competent

document under the provisions of the interstate compact pursuant to KRS Chapter

615.

(3) The appropriate public agency shall:

(a) Within twenty -four (24) hours, exclusive of weekends and holidays, of

receiving notification, as provided in KRS 15A.305(3), that a status offender

or alleged status offender has been detained on the allegation that the child

has violated a valid court order, meet with and interview the child; and

(b) Within forty -eight (48) hours, exclusive of weekends and holidays, of the

detention hearing required under K RS 610.265, prepare and deliver to the

court the completed written report required by subsection (4) of this section

and KRS 610.265 if the child remains in detention after the detention hearing,

and prior to the disposition hearing if the child has not been detained.

(4) (a) A status offender or alleged status offender who is subject to a valid court

order may be detained in accordance with KRS 630.095 upon a finding that

the child violated the valid court order if the court does the following prior to

ordering that detention:

1. Affirms that the requirements fo r a valid court order were met at the

time the original order was issued;

2. Makes a determination during the adjudicatory hearing that the child

violated the valid court order; and

3. a. Within forty-eight (48) hours after the adjudicatory hearing on the

violation of a valid court order by the child, exclusive of weekends

and holidays, the court:

i. Receives and reviews a written report prepared by an

appropriate public agency that reviews the behavior of the

child and the circumstances under which the chi ld was

brought before the court;

ii. Determines the reasons for the child's behavior; and

iii. Determines whether all dispositions other than detention in

accordance with KRS 630.095 have been exhausted or are

inappropriate.

b. If a prior written report is included in the child's file, that report

shall not be used to satisfy this requirement.

(b) The child may be detained in accordance with KRS 630.095 for a period not

to exceed forty-eight (48) hours, exclusive of weekends and holidays, pending

receipt an d review of the report by the court under paragraph (a)3. of this

subsection.

(c) The hearing shall be conducted in accordance with the provisions of KRS

610.060. The findings required by this subsection shall be included in any

order issued by the court which results in the detention of a status offender.