{"data":{"id":"us-ky/krs-610.265","jurisdiction":"us-ky","citation":"KRS 610.265","heading":"Detention of children in specified facilities -- Time frame for holding","body":"detention hearing -- Release of child required if hearing not held as specified.\n(1) (a) Any child who is alleged to be a status offender or who is accused of being i n\ncontempt of court on an underlying finding that the child is a status offender\nmay be detained in accordance with KRS 630.095 for a period of time not to\nexceed twenty-four (24) hours, exclusive of weekends and holidays, pending a\ndetention hearing.\n(b) Any child who is accused of committing a public offense or of being in\ncontempt of court on an underlying public offense may be detained in a secure\njuvenile detention facility or a nonsecure setting approved by the Department\nof Juvenile Justice for a per iod of time not to exceed forty -eight (48) hours,\nexclusive of weekends and holidays, pending a detention hearing.\n(2) Any child accused of committing a public offense that would be considered a\nviolent felony offense as defined in KRS 532.200 shall be det ained in a secure\njuvenile detention facility for a period of time not to exceed forty -eight (48) hours,\nexclusive of weekends and holidays, pending a detention hearing, unless the\ndetention hearing can be held within the time allotted to peace officers to  retain\ncustody of the child pursuant to KRS 610.200 or 610.220. This subsection shall not\napply to any child ten (10) years of age or younger.\n(3) (a) Any child detained pursuant to subsection (2) of this section shall be assessed\nby a mental health profe ssional, whose communications with the child shall\nbe confidential in conformity with the Kentucky Rules of Evidence, to\ndetermine if the child exhibits behavior that indicates the child could benefit\nfrom cognitive behavioral therapy, other evidence -based behavioral health\nprograms, substance use disorder treatment, or treatment in a psychiatric\nfacility for serious mental illness.\n(b) Any treatment recommended under this subsection shall be provided by the\nDepartment of Juvenile Justice and may be provide d pursuant to a contract\nbetween the Justice and Public Safety Cabinet and a behavioral health\nservices organization.\n(c) If the child is released upon a detention hearing, a court may order the child to\ncomplete any recommended treatment. The Department o f Juvenile Justice\nshall refer the child to an existing contractor or to other resources for the\ntreatment.\n(4) Any child detained pursuant to subsection (2) of this section shall be permitted\nvisitation from individuals representing organizations includin g nonprofit\norganizations, faith -based organizations, or community organizations, to connect\nthem with, expose them to, or minister to them through programs including but not\nlimited to trades, arts, sports, mentoring, counseling, support programs, or\ncommunity-based programs. These organizations may offer transition services to\nany child who is released from detention.\n(5) Within the period of detention described in subsections (1) and (2) of this section,\nexclusive of weekends and holidays, a detention he aring shall be held by the judge\nor trial commissioner of the court for the purpose of determining whether the child\nshall be further detained. At the hearing held pursuant to this subsection, the court\nshall consider the nature of the offense, the child's  background and history, and\nother information relevant to the child's conduct or condition.\n(6) If the court orders a child detained further, that detention shall be served as follows:\n(a) If the child is charged with a capital offense, Class A felony, or Class B\nfelony, detention shall occur in a secure juvenile detention facility pending the\nchild's next court appearance subject to the court's review of the detention\norder prior to that court appearance;\n(b) Except as provided in KRS 630.080(2), if it is alleged that the child is a status\noffender, the child may be detained in accordance with KRS 63 0.095 pending\nthe child's next court appearance subject to the court's review of the detention\norder prior to the next court appearance;\n(c) If a status offender or a child alleged to be a status offender is charged with\nviolating a valid court order, the child may be detained in accordance with\nKRS 630.095 for a period not to exceed forty -eight (48) hours, exclusive of\nweekends and holidays, pending the child's next court appearance;\n(d) Prior to ordering a status offender or alleged status offender who is  subject to\na valid court order detained in accordance with KRS 630.095 because the\nchild violated the valid court order, the court shall:\n1. Affirm that the requirements for a valid court order were met at the time\nthe original order was issued;\n2. Make a  determination during the adjudicatory hearing that the child\nviolated the valid court order; and\n3. Within forty -eight (48) hours after the adjudicatory hearing on the\nviolation of a valid court order by the child, exclusive of weekends and\nholidays, receive and review a written report prepared by an appropriate\npublic agency that reviews the behavior of the child and the\ncircumstances under which the child was brought before the court,\ndetermines the reasons for the child's behavior, and determines whethe r\nall dispositions other than detention have been exhausted or are\ninappropriate. If a prior written report is included in the child's file, that\nreport shall not be used to satisfy this requirement. The child may be\ndetained in accordance with KRS 630.095  for a period not to exceed\nforty-eight (48) hours, exclusive of weekends and holidays, pending\nreceipt and review of the report by the court. The hearing shall be\nconducted in accordance with KRS 610.060. The findings required by\nthis subsection shall be included in any order issued by the court which\nresults in the secure or nonsecure detention of a status offender; and\n(e) If the child is charged with a public offense or contempt on a public offense,\nand the county in which the case is before the court i s served by a state -\noperated secure detention facility under the statewide detention plan, the child\nshall be referred to the Department of Juvenile Justice for a security\nassessment and placement in an approved detention facility or program\npending the child's next court appearance.\n(7) If, at the hearing conducted under subsection (5) of this section, the court conducts\nan adjudicatory hearing on the merits of a violation of a valid court order, that\nhearing shall conform to the requirements of KRS 630.080.\n(8) If the detention hearing is not held as provided in subsection (1) of this section, the\nchild shall be released as provided in KRS 610.290.\n(9) If the child is not released, the court -designated worker shall notify the parent,\nperson exercising cust odial control or supervision, a relative, guardian, or other\nresponsible adult, and the Department of Juvenile Justice or the cabinet, as\nappropriate.","path":["KRS Chapter 610"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57491","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"ed7a2b024df4d8fe570791aec22fe2a579ae2625b18aec8338e3081487f7a13b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.260","next":"us-ky/krs-610.266"},"notice":"GroundRules: Original legal text. Not legal advice."}