{"data":{"id":"us-ky/krs-635.060","jurisdiction":"us-ky","citation":"KRS 635.060","heading":"Options of court at dispositional hearing -- Mental health assessment for","body":"committed child.\nIf in its decree the juvenile court finds that the child comes within the purview of this\nchapter, the court, at the dispositional hearing, may impose any combination of the\nfollowing, except that the court shall, if a validated risk and needs assessment tool is\navailable, consider the validated risk and needs assessment submitted to the court and\nparties by the Department of Juvenile Justice or other ag ency before imposing any\ndisposition:\n(1) Order the child or his parents, guardian, or person exercising custodial control to\nmake restitution or reparation to any injured person to the extent, in the sum and\nupon the conditions as the court determines. Ho wever, no parent, guardian, or\nperson exercising custodial control shall be ordered to make restitution or\nreparation unless the court has provided notice of the hearing, provided opportunity\nto be heard, and made a finding that the person's failure to exe rcise reasonable\ncontrol or supervision was a substantial factor in the child's delinquency;\n(2) (a) Place the child:\n1. Under parental supervision in the child's own home or in a suitable\nhome or boarding home, upon the conditions that the court shall\ndetermine, or\n2. On probation under conditions that the court shall determine.\n(b) 1. At the time the child is placed on probation, the court shall explain to\nthe child the sanctions which may be imposed if the court's conditions\nare violated, and shall inclu de notice of those sanctions as part of its\nwritten order of probation. A child placed on probation shall be subject\nto the visitation and supervision of a probation officer or an employee of\nthe Department of Juvenile Justice.\n2. The conditions of probation shall include authorization for the use of\ngraduated sanctions prior to a court review for the imposition of a term\nof detention. If the court has previously imposed graduated sanctions for\na violation of conditions of supervisi on by a child monitored by the\ncourt, or makes a finding that the graduated sanctions have previously\nbeen imposed for a child on probation, then the court may impose a\nsanction of up to thirty (30) days' detention for a violation of the\nconditions of supe rvision or probation. A court may not impose\ndetention prior to use of graduated sanctions unless there is clear and\nconvincing evidence that there are no graduated sanctions available that\nare appropriate for the child and the child is an immediate threat  to\nhimself or others. Except where commitment has been probated\npursuant to subsection (5) of this section, a child may not be committed\nor recommitted to the Department of Juvenile Justice for a violation of a\ncondition of probation.\n(c) A child placed on probation or supervision with court monitoring shall remain\nsubject to the jurisdiction of the court as follows, except that if a person is\nplaced on probation after the person reaches the age of seventeen (17) years\nand six (6) months, the probation sha ll be for a period not to exceed one (1)\nyear:\n1. If the child was adjudicated for an offense that would be a violation if\ncommitted by an adult, the period of probation or supervision shall not\nexceed thirty (30) days, except that the court may order up t o three (3)\nmonths of supervision if the court -ordered treatment includes a program\nthat requires longer than thirty (30) days to complete;\n2. If the child was adjudicated for an offense that would be a misdemeanor\nif committed by an adult, other than an o ffense for which a child has\nbeen declared a juvenile sex offender under KRS 635.510 or an offense\ninvolving a deadly weapon, the period of probation or supervision shall\nnot exceed six (6) months, except that the court may order up to twelve\n(12) months o f supervision if the court -ordered substance abuse or\nmental health treatment includes a program that requires longer than six\n(6) months to complete;\n3. If the child was adjudicated for an offense that would be a Class D\nfelony if committed by an adult, o ther than an offense for which a child\nhas been declared a juvenile sex offender under KRS 635.510 or an\noffense involving a deadly weapon, the period of probation or\nsupervision shall not exceed twelve (12) months; or\n4. If the child was adjudicated for a n offense that would be a felony\noffense if committed by an adult, other than a Class D felony offense, or\nfor an offense involving a deadly weapon, or for an offense in which the\nchild has not been declared a sexual offender pursuant to KRS 635.510,\nthe child may be placed on probation up to age eighteen (18);\n(3) (a) If the child was adjudicated for an offense other than an offense that would be\na violation if committed by an adult, order the child confined in an approved\nsecure detention facility or dete ntion program, as authorized by KRS Chapter\n15A, as follows:\n1. If the child is fourteen (14) years of age but less than sixteen (16) years\nof age, the child may be confined for a period of time not to exceed\nforty-five (45) days; or\n2. If the child is six teen (16) years of age or older, the child may be\nconfined for a period of time not to exceed ninety (90) days.\n(b) Any child detained under this section, other than a child previously assessed\npending a detention hearing, shall be assessed by a mental hea lth professional\nto determine if the child exhibits behavior that indicates the child could\nbenefit from cognitive behavioral therapy, other evidence -based behavioral\nhealth programs, substance use disorder treatment, or treatment in a\npsychiatric facility  for serious mental illness. Any treatment recommended\nunder this paragraph shall be provided by the Department of Juvenile Justice\nand may be provided pursuant to a contract between the Justice and Public\nSafety Cabinet and a behavioral health services organization.\n(c) The Justice and Public Safety Cabinet may enter into a contract or contracts\nwith at least one (1):\n1. Mental health professional whose communications with the child shall\nbe confidential in conformity with the Kentucky Rules of Evidence, t o\nprovide the assessment required by paragraph (b) of this subsection; and\n2. Behavioral health services organization that is accredited and qualified\nto provide behavioral health treatment.\n(d) Behavioral health services organizations contracted pursuant to paragraph (c)\nof this subsection may utilize restorative practices designed to hold the\nparticipant accountable to the victim if there is an identified victim and, in the\nprofessional opinion of the behavioral health service provider, it is safe to do\nso.\n(e) The Department of Juvenile Justice shall pay for the confinement of children\nconfined pursuant to this subsection in accordance with the statewide\ndetention plan and administrative regulations implementing the plan;\n(4) (a) Order the child to be com mitted or recommitted to the custody of the\nDepartment of Juvenile Justice, grant guardianship to a child-caring facility or\na child -placing agency authorized to care for the child, or place the child\nunder the custody and supervision of a suitable person if:\n1. The child was adjudicated for an offense that would be a misdemeanor\nor Class D felony if committed by an adult and the child has at least\nthree (3) prior adjudications, excluding prior adjudications of offenses\ndesignated as a violation, or at leas t four (4) prior adjudications of\nviolations, which do not arise from the same course of conduct; or\n2. The child was adjudicated for an offense involving a deadly weapon, an\noffense in which the child has been declared a juvenile sexual offender\nunder KRS  635.510, or an offense that would be a felony offense if\ncommitted by an adult, other than a Class D felony.\n(b) The commitment shall be for the following term, subject to KRS 635.070 and\nthe power of the court to terminate the order and discharge the chi ld prior\nthereto:\n1. If the child was adjudicated for an offense that would be a misdemeanor\nif committed by an adult, other than an offense for which a child has\nbeen declared a juvenile sex offender under KRS 635.510 or an offense\ninvolving a deadly weapon, the child may be committed for a period not\nto exceed twelve (12) months, including all time spent in the treatment\nplan established pursuant to KRS 15A.0652;\n2. If the child was adjudicated for an offense that would be a Class D\nfelony if committed by  an adult, other than an offense for which a child\nhas been declared a juvenile sex offender under KRS 635.510 or an\noffense involving a deadly weapon, the child may be committed for a\nperiod not to exceed eighteen (18) months, including all time spent in\nthe treatment plan established pursuant to KRS 15A.0652;\n3. If the child was adjudicated for an offense that would be a felony\noffense if committed by an adult, other than a Class D felony offense, or\nan offense involving a deadly weapon, the child may be committed up to\nage eighteen (18);\n4. If the child was adjudicated for an offense that results in the child being\ndeclared a juvenile sexual offender, the commitment shall be as\nprovided in KRS 635.515;\n5. The court, in its discretion, upon motion by the c hild and with the\nconcurrence of the Department of Juvenile Justice, may authorize an\nextension of commitment up to age twenty -one (21) to permit the\nDepartment of Juvenile Justice to assist the child in establishing\nindependent living arrangements; and\n6. If a child is committed after the child reaches the age of seventeen (17)\nyears and six (6) months, and except as provided in subparagraph 4. of\nthis paragraph, the commitment shall be for a period not to exceed one\n(1) year.\n(c) The Department of Juvenile Justice shall:\n1. Accept physical custody of a child who is detained in an approved\nsecure juvenile detention facility in accordance with KRS 15A.200 to\n15A.240 at the time the child is committed or recommitted to the\ncustody of the Department of Juvenile Justice. The Department of\nJuvenile Justice shall remove the child from the approved secure\njuvenile detention facility and secure appropriate placement as soon as\npossible but not to exceed thirty -five (35) days of the time of\ncommitment or recommitment; and\n2. Pay for the cost of detention from the date of commitment or\nrecommitment, on the current charge, until the child is removed from\nthe detention facility and placed.\n(d) All orders of commitment may include advisory recomme ndations the court\nmay deem proper in the best interests of the child and of the public.\n(e) Any child committed under this section, other than a child previously assessed\npending a detention hearing, shall be assessed by a mental health professional\nto de termine if the child exhibits behavior that indicates the child could\nbenefit from cognitive behavioral therapy, other evidence -based behavioral\nhealth programs, substance use disorder treatment, or treatment in a\npsychiatric facility for serious mental il lness. Any treatment recommended\nunder this paragraph shall be provided by the Department of Juvenile Justice\nand may be provided pursuant to a contract between the Justice and Public\nSafety Cabinet and a behavioral health services organization.\n(f) The Justice and Public Safety Cabinet may enter into a contract or contracts\nwith at least one (1):\n1. Mental health professional whose communications with the child shall\nbe confidential in conformity with the Kentucky Rules of Evidence, to\nprovide the assessment required by paragraph (e) of this subsection; and\n2. Behavioral health services organization that is accredited and qualified\nto provide behavioral health treatment.\n(g) Behavioral health services organizations contracted pursuant to paragraph (f)\nof th is subsection may utilize restorative practices designed to hold the\nparticipant accountable to the victim if there is an identified victim and, in the\nprofessional opinion of the behavioral health service provider, it is safe to do\nso; or\n(5) (a) The cour t may probate or suspend a commitment ordered pursuant to\nsubsection (4) of this section, except that if a court probates or suspends a\ncommitment in conjunction with any other dispositional alternative, that fact\nshall be explained to the juvenile and contained in a written order.\n(b) Any probation or suspension imposed shall not exceed the time limitations\nestablished under subsection (2) of this section.\n(c) If the child successfully completes the conditions of probation, the court shall\nterminate the case.\n(d) 1. The court may, for violations of the conditions of probation, revoke the\nprobation or suspension ordered under this section and order the child\ncommitted.\n2. The period of the commitment shall not exceed the terms established\nunder subsection (4) of this section.\n3. Any time a child has spent in out -of-home placement as a result of a\nviolation of a condition of probation or suspension under this section\nshall be credited toward the period of commitment.\n4. If a commitment is probated or suspended  after a child reaches the age\nof seventeen (17) years and six (6) months, the period of the suspension,\nand commitment if revoked, shall be for a period not to exceed one (1)\nyear, but not to exceed age nineteen (19).","path":["KRS Chapter 635"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53974","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"f0fef53a39af9f6ba107908ec259eff03a9f43d3e2c63fc3e359d7efb9a3169d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-635.055","next":"us-ky/krs-635.070"},"notice":"GroundRules: Original legal text. Not legal advice."}