{"data":{"id":"us-ky/krs-630.080","jurisdiction":"us-ky","citation":"KRS 630.080","heading":"Detention in secure juvenile detention facility or juvenile holding facility --","body":"Limitation on detention of child.\n(1) (a) In order for the court to detain a child after the detention hearing, the\nCommonwealth shall establish probable cause at the detention hearing that the\nchild is a status offender and that further detention of the child is necessary for\nthe protection of the child or the community.\n(b) If the Commonwealth fails to establish probable cause that the child is a status\noffender, the complaint shall be dismissed and the child shall be released.\n(c) If the Commonwealth establishes probable cause that the child is a status\noffender, but that further detention of the child is not necessary for the\nprotection of the child or the commu nity, the child shall be released to the\nparent or person exercising custodial control or supervision of the child.\n(d) If grounds are established that the child is a status offender, and that further\ndetention is necessary, the child may be placed in a no nsecure setting\napproved by the Department of Juvenile Justice.\n(2) Notwithstanding KRS 630.095, a status offender may be securely detained if the\ncabinet has initiated or intends to initiate transfer of the youth by competent\ndocument under the provisions  of the interstate compact pursuant to KRS Chapter\n615.\n(3) The appropriate public agency shall:\n(a) Within twenty -four (24) hours, exclusive of weekends and holidays, of\nreceiving notification, as provided in KRS 15A.305(3), that a status offender\nor alleged status offender has been detained on the allegation that the child\nhas violated a valid court order, meet with and interview the child; and\n(b) Within forty -eight (48) hours, exclusive of weekends and holidays, of the\ndetention hearing required under K RS 610.265, prepare and deliver to the\ncourt the completed written report required by subsection (4) of this section\nand KRS 610.265 if the child remains in detention after the detention hearing,\nand prior to the disposition hearing if the child has not been detained.\n(4) (a) A status offender or alleged status offender who is subject to a valid court\norder may be detained in accordance with KRS 630.095 upon a finding that\nthe child violated the valid court order if the court does the following prior to\nordering that detention:\n1. Affirms that the requirements fo r a valid court order were met at the\ntime the original order was issued;\n2. Makes a determination during the adjudicatory hearing that the child\nviolated the valid court order; and\n3. a. Within forty-eight (48) hours after the adjudicatory hearing on the\nviolation of a valid court order by the child, exclusive of weekends\nand holidays, the court:\ni. Receives and reviews a written report prepared by an\nappropriate public agency that reviews the behavior of the\nchild and the circumstances under which the chi ld was\nbrought before the court;\nii. Determines the reasons for the child's behavior; and\niii. Determines whether all dispositions other than detention in\naccordance with KRS 630.095 have been exhausted or are\ninappropriate.\nb. If a prior written report is  included in the child's file, that report\nshall not be used to satisfy this requirement.\n(b) The child may be detained in accordance with KRS 630.095 for a period not\nto exceed forty-eight (48) hours, exclusive of weekends and holidays, pending\nreceipt an d review of the report by the court under paragraph (a)3. of this\nsubsection.\n(c) The hearing shall be conducted in accordance with the provisions of KRS\n610.060. The findings required by this subsection shall be included in any\norder issued by the court which results in the detention of a status offender.","path":["KRS Chapter 630"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57497","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"209c9d39a02bae71122364bb0e8c2f318176872e6972dc5bac6d4cfc4eb3882c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-630.070","next":"us-ky/krs-630.090"},"notice":"GroundRules: Original legal text. Not legal advice."}