{"data":{"id":"us-ky/krs-610.200","jurisdiction":"us-ky","citation":"KRS 610.200","heading":"Duties of peace officer.","body":"(1) When a peace officer has taken or received a child into custody on a charge of\ncommitting an offense, the officer shall immediately inform the child of his\nconstitutional rights and afford him the protections required thereunder, notify the\nparent, or if t he child is committed, the Department of Juvenile Justice or the\ncabinet, as appropriate, and if the parent is not available, then a relative, guardian,\nor person exercising custodial control or supervision of the child, that the child has\nbeen taken into custody, give an account of specific charges against the child,\nincluding the specific statute alleged to have been violated, and the reasons for\ntaking the child into custody.\n(2) (a) When a peace officer has taken or received a child into protective cust ody on\nsuspicion of being a runaway, the officer shall immediately notify:\n1. The child's parent, guardian, or person exercising custodial control or\nsupervision of the child, if determined;\n2. The cabinet or Department of Juvenile Justice, if appropriate; and\n3. The court-designated worker.\n(b) If the parent, guardian, or other person exercising custodial control or\nsupervision is identified and notified, the peace officer may retain custody of\nthe child for a reasonable period to allow the person notified  the opportunity\nto arrive at the officer's location and collect the child.\n(c) If the parent, guardian, or other person exercising custodial control or\nsupervision cannot be identified or located, the peace officer may retain\ncustody of the child for a pe riod of time not to exceed two (2) hours to\ncontinue his or her investigation.\n(d) If, at the conclusion of the peace officer's investigation, the parent, guardian,\nor person exercising custodial control or supervision of the child is identified\nand notifi ed, the peace officer shall return the child to the custody of that\nperson and shall file a status offense case with the court-designated worker.\n(e) If, at the conclusion of the peace officer's investigation, the parent, guardian,\nor person exercising cus todial control or supervision of the child cannot be\nidentified or located, or that person refuses to collect the child, the peace\nofficer shall file a complaint pursuant to KRS 610.012.\n(3) Unless the child is subject to trial as an adult or unless the na ture of the offense or\nother circumstances are such as to indicate the necessity of retaining the child in\ncustody, the officer shall release the child to the custody of his parent or if the child\nis committed, the Department of Juvenile Justice or the cab inet, as appropriate; or if\nthe parent is not available, then a relative, guardian, or person exercising custodial\ncontrol or supervision or other responsible person or agency approved by the court\nupon the written promise, signed by such person or agency,  to bring the child to the\ncourt at a stated time or at such time as the court may order. The written promise,\naccompanied by a written report by the officer, shall be submitted forthwith to the\ncourt or court -designated worker and shall detail the reasons  for having taken\ncustody of the child, the release of the child, the person to whom the child was\nreleased, and the reasons for the release.\n(4) (a) If the person fails to produce the child as agreed or upon notice from the Court\nas provided in subsection  (3) of this section, a summons, warrant, or custody\norder may be issued for the apprehension of the person or of the child, or both.\n(b) If the person notified to collect a suspected runaway pursuant to subsection\n(2)(a) of this section fails or refuses to collect the child, the peace officer shall\nnotify the county attorney, who may file a charge of endangering the welfare\nof a minor, and the cabinet.\n(5) The release of a child pursuant to this section shall not preclude a peace officer from\nproceeding with a complaint against a child or any other person.\n(6) Unless the child is subject to trial as an adult, if the child is not released, th e peace\nofficer shall contact the court-designated worker who may:\n(a) Release the child to his parents;\n(b) Release the child to such other persons or organizations as are authorized by\nlaw;\n(c) Release the child to either of the above subject to stated conditions; or\n(d) Except as provided in subsection (7) of this section, authorize the peace\nofficer to retain custody of the child for an additional period not to exceed\ntwelve (12) hours during which the peace officer may transport the child to a\nsecure juvenile detention facility or a nonsecure facility. If the child is retained\nin custody, the court-designated worker shall give notice to the child's parents\nor person exercising custodial control or supervision of the fact that the child\nis being retained in custody.\n(7) (a) Except as provided in paragraph (b) of this subsection, no child ten (10) years\nof age or under shall be taken to or placed in a juvenile detention facility.\n(b) Any child ten (10) years of age or under who has been charged with the\ncommission of a capital offense or with an offense designated as a Class A or\nClass B felony may be taken to or placed in a secure juvenile detention facility\nor youth alternative center when there is no available less restrictive\nalternative.","path":["KRS Chapter 610"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43971","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"116f2c6460a9afbe371cc13c88d613e745da1b5535dec705af44592d1ff569eb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.190","next":"us-ky/krs-610.210"},"notice":"GroundRules: Original legal text. Not legal advice."}