{"data":{"id":"us-ky/krs-610.345","jurisdiction":"us-ky","citation":"KRS 610.345","heading":"School officials to be notified when child adjudicated guilty, is respondent","body":"or petitioner in certain cases, or when county attorney makes probable cause\ndetermination -- Disclosure of records -- Provision of offense history to school\nofficials.\n(1) When a child is adjudicated guilty of an offense which classifies him or her as a\nyouthful offender, the judge in the court in which the matter was tried shall direct\nthe clerk to notify the superintendent and the director of pupil personnel of  the\npublic school district in which the child is enrolled, or the principal of any private\nelementary or secondary school which the child attends of the adjudication and the\npetition and disposition of the case.\n(2) When a child is adjudicated guilty of a n offense which would classify him or her as\na violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A,\n508, 510, or 527 if committed by an adult, but which would not classify him or her\nas a youthful offender, the judge in the court in which the matter was tried shall\ndirect the clerk to notify the superintendent and the director of pupil personnel of\nthe public school district in which the child is enrolled, or the principal of any\nprivate elementary or secondary school which the child attends of the charge, the\nadjudication, and the disposition of the case.\n(3) When a child is the respondent or petitioner for a domestic violence order issued\nunder KRS 403.740 or an interpersonal protective order issued under KRS 456.060,\nthe judge in the court in which the matter was tried shall direct the clerk to notify:\n(a) The superintendent and director of pupil personnel of the public school\ndistrict in which the child is enrolled, or the principal of any private\nelementary or secondary school that the child attends; and\n(b) The school resource officer or any other contract employee hired to provide\nsecurity services for the school.\n(4) When a court-designated worker receives notice that a county attorney has made a\ndetermination pursuant to KRS 635.010(1) that probable cause exists to file a public\noffense petition alleging that the child committed an offense that, if committed by\nan adult, would be a:\n(a) Felony; or\n(b) Misdemeanor involving:\n1. A controlled substance;\n2. The possession, carrying, or use of a deadly weapon;\n3. Physical injury to another person;\n4. Sexual contact;\n5. Sexual intercourse; or\n6. Deviate sexual intercourse;\nthe court-designated worker shall notify the superintendent and the director of pupil\npersonnel of the public school district in which the child is enrolled, or the principal\nof any private elementary or secondary school that the child attends of the charge. If\nthe complaint is successfully diverted, the court -designated worker shall notify t he\nsuperintendent and the director of pupil personnel or the principal of the successful\ndiversion, and all records of the incident or notification created in the school district\nor the school under this subsection shall be destroyed and shall not be inclu ded in\nthe child's school records.\n(5) When a child is adjudicated guilty of an offense that meets the criteria set forth in\nsubsection (4)(a) or (b) of this section, the judge in the court in which the matter is\nconsidered shall direct the clerk to notify  the superintendent and the director of\npupil personnel of the public school district in which the child is enrolled, or the\nprincipal of any private elementary or secondary school that the child attends of the\ncharge, the adjudication, and the disposition  of the case. If the petition is dismissed\nor informally adjusted, the clerk shall notify the superintendent and the director of\npupil personnel or the principal of the disposition, and all records of the incident or\nnotification created in the school district or the school under this subsection shall be\ndestroyed and shall not be included in the child's school records.\n(6) The notifications required in subsections (1) to (5) of this section shall be made\nwithin twenty -four (24) hours of the county attorney 's determination pursuant to\nKRS 635.010(1), successful completion of diversion, or entry of the court order.\nThe name of the complainant shall be deleted. The county attorney may, upon\nrequest by the school district or the school, provide a statement of t he facts in the\ncase, not to include the complainant's name.\n(7) Notice to a district superintendent referenced in subsections (1) to (5) of this section\nshall be released by the superintendent to the principal of the school in which the\nchild is enrolled.  A principal of a public or private school receiving notice shall\nrelease the information to any school resource officer or employees of the school\nhaving responsibility for classroom instruction or counseling of the child, and may\nrelease it to other school personnel as described in subsection (8) of this section, but\nthe information shall otherwise be confidential and shall not be shared by school\npersonnel with any other person or agency except as may otherwise be required by\nlaw.\n(8) Records or information disclosed pursuant to this section shall be limited to records\nof that student's criminal petition and the disposition thereof covered by this\nsection, shall be subject to the provisions of KRS 610.320 and 610.340, and shall\nnot be disclosed to any other person, including school personnel, except to a district\nsuperintendent, director of pupil personnel, public or private elementary and\nsecondary school administrative, transportation, and counseling personnel, and to\nany school resource officer, teacher , or school employee with whom the student\nmay come in contact. This section shall not authorize the disclosure of any other\njuvenile record or information relating to the child.\n(9) The Department of Juvenile Justice shall provide a child's offense histor y\ninformation pursuant to this section to the superintendent and the director of pupil\npersonnel of the local school district in which the child, who is committed to the\ndepartment, is placed.\n(10) Records or information received by the school pursuant to this section shall:\n(a) Be kept in a locked file, when not in use, to be opened only on permission of\nthe administrator or any school resource officer; and\n(b) For the purposes of destruction required in this section, not include education\nrecords, as defined in KRS 160.700, created by the school.\n(11) A superintendent of a public school district may designate an employee of the\nschool district to receive notices and carry out the superintendent's responsibilities\nunder this section. The superintendent shal l provide the clerk and the court -\ndesignated worker with notice of any designation and the name and contact\ninformation for the superintendent's designee.","path":["KRS Chapter 610"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57453","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"55508c40dc71d93eda0758bc82be589fb45f33fe8aa2a04e9346dfdee7a650fd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.342","next":"us-ky/krs-610.350"},"notice":"GroundRules: Original legal text. Not legal advice."}