Title LI, Unified Juvenile Code

(1) The Department of Juvenile Justice shall operate a program for the treatment of juvenile sexual offenders, referred to in KRS 635.500 to 635.545 as the "program." (2) The general purpose of the program shall be to provide early intervention and treatment of the juvenile sexua…

As used in this chapter, unless the context otherwise requires: (1) The "treatment program" means a continuum of services provided in community and institutional settings designed to provide early intervention and treatment services for juvenile sexual offenders. (2) A "juvenile …

offender assessment. (1) A child, thirteen (13) years of age or older at the time of the commission of the offense, shall be declared a juvenile sexual offender if the child has been adjudicated guilty of an offense listed in KRS 635.505(2)(a), (b), (c), (d), (e), or (f). (2) (a)…

(1) A child declared a juvenile sexual offender shall be committed to the custody of the Department of Juvenile Justice and shall receive sexual offender treatment for not more than three (3) years, except that this period of sexual offender treatment may be extended for one (1) …

private agencies. (1) The Department of Juvenile Justice shall have the sole authority and responsibility for establishing the design of the juvenile sexual offender treatment program but shall consult with the Administrative Office of the Courts and the Cabinet for Health and Fa…

The Department of Juvenile Justice shall maintain complete and comprehensive data on each juvenile sexual offender participating in the program and shall compile an annual statistical report on the program.

diagnosis and treatment. Communications made in the application for or in the course of a child sexual offender's diagnosis and treatment in the program, between a sexual offender or member of the sexual offender's family and any employee of the department who is assigned to work…

participants later committed sex-related or other criminal offenses. (1) The Department of Juvenile Justice shall maintain on file the names and identities of program participants for a period of fifteen (15) years following their participation in the program. The names and ident…

Circuit Court. (1) For children who are alleged to be youthful offenders by falling in the purview of KRS 635.020(2) to (8), the court shall at arraignment ensure that the child's rights as specified in KRS 610.060 have been explained and followed. (2) (a) In the case of a child …

bail. (1) Any person proceeded against as a youthful offender under the provisions of this chapter who is under eighteen (18) years of age shall be detained in a secure juvenile detention facility if he is unable to meet the conditions of release or bail established pursuant to K…

A youthful offender, who is convicted of, or pleads guilty to, a felony offense in Circuit Court, shall be subject to the same type of sentencing procedures and duration of sentence, including probation and conditional discharge, as an adult convicted of a felony offense, except …

(1) No youthful offender who has been convicted of a capital offense who was under the age of sixteen (16) years at the time of the commission of the offense shall be sentenced to capital punishment. A youthful offender may be sentenced to capital punishment if he was sixteen (16…

(1) Any period of probation or conditional discharge required by the sentencing court to be served shall be supervised by: (a) The Department of Juvenile Justice, if the youthful offender is under the age of eighteen (18); (b) The Department of Corrections, upon the youthful offe…

It shall be the duty of the Commonwealth's attorney after the imposition of youthful offender sentence, unless the defendant is granted probation, to cause to be forthwith transmitted to the facility or program with the commitment papers, a concise statement of the facts adduced …

(1) Upon motion of the Department of Juvenile Justice, the sentencing Circuit Court may, after notice and hearing, order a youthful offender committed to an adult facility operated by the Department of Corrections if it is established by a preponderance of the evidence that the y…

in custody of Department of Juvenile Justice -- Transfer -- Petition for reconsideration of probation and for early parole. (1) Any other provision of KRS Chapter 640 to the contrary notwithstanding, any youthful offender ordered transferred to the Department of Corrections under…

(1) Youthful offenders shall be subject to the jurisdiction of the Kentucky Parole Board and may be placed on parole to the Department of Corrections. The Parole Board may, with regard to a youthful offender, exercise any of the powers which it possesses pursuant to KRS Chapter 4…

Upon the determination that a person is a youthful offender, the Cabinet for Health and Family Services, the Department of Juvenile Justice, and all other public agencies possessing records relating to the youthful offender shall, upon request, provide copies of the records to th…

All officials of the Department of Juvenile Justice and the Department of Corrections shall furnish members of the Parole Board or its properly accredited representatives: (1) Access at all reasonable times to any youthful offender over whom the board has jurisdiction under this …

of Corrections. When a youthful offender is transferred to the Department of Corrections in accordance with this chapter, the Department of Juvenile Justice shall transfer a copy of all records relating to the youthful offender to the Department of Corrections.

(1) The Department of Juvenile Justice may promulgate administrative regulations to implement the provisions of this chapter. (2) The Department of Corrections may promulgate administrative regulations to implement the provisions of this chapter. (3) The Kentucky Parole Board may…

This chapter may be cited as the Mental Health Act of The Unified Juvenile Code.

The definitions in KRS Chapter 600 shall apply to this chapter. In addition, unless the context requires otherwise: (1) "Convalescent leave" means an authorized release not to exceed ninety (90) days of a child admitted to a hospital under this chapter; (2) "Danger to self or oth…

receiving hospital or psychiatric facility. (1) An authorized staff physician may admit for observation, diagnosis, and treatment at a hospital any child who is mentally ill or has symptoms of mental illness: (a) Upon written application of a parent or other person exercising cus…

(1) A child hospitalized under this chapter shall have the following rights: (a) The right to due process, as defined in KRS 645.170, within the hospital; (b) The right to convalescent leave status if appropriate; (c) The right to be adequately informed as to his individual treat…

A parent or other person exercising custodial control or supervision of a child, including a hospital or the state or any interested person, may seek to hospitalize a child who is mentally ill or has symptoms of mental illness by filing a petition for certification with the court…

The petition for certification and all subsequent court documents shall be entitled "In the interest of ..., a child." The petition for certification shall state: (1) The petitioner's relationship to the child; (2) The child's name, age, address and present location; (3) The name…

(1) Upon receipt of a petition for certification, the court shall appoint counsel from the Department of Public Advocacy to represent the child at every stage of the proceedings. (2) Within seven (7) days, exclusive of weekends and holidays, of the filing of a petition, counsel s…

(1) All hearings under this chapter shall be conducted in accordance with the Kentucky Rules of Criminal Procedure unless otherwise provided. (2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not …

(1) Disclosures made by a child during observation, diagnosis, or treatment shall be admissible during the certification hearing under this chapter. (2) No disclosure made by the child under this chapter shall be admissible in any public offense actions or criminal proceedings un…

The burden of proof at the certification and recertification hearings under this chapter shall be on the petitioner to show, by clear and convincing evidence, that: (1) The child is mentally ill or has symptoms of mental illness; (2) The child is dangerous to himself or others; (…

(1) Within three (3) days, exclusive of weekends and holidays, of the conclusion of the certification hearing, the court shall enter an order denying or granting the petition and shall state in writing the factual findings regarding criteria specified in KRS 645.090. (2) If the p…

(1) The certification referred to in this chapter shall be in the form prescribed by the department. The certification shall state that the child has been examined by each of the qualified mental health professionals making the certification within twenty-four (24) hours, excludi…

(1) If the petitioner or other interested person desires to continue a child's hospitalization beyond the initial sixty (60) days, he shall file a petition for recertification before the original sixty (60) days expire. The procedures and rights specified in KRS 645.050 to 645.10…

(1) If, as a result of mental illness, a child appears in need of immediate hospitalization for observation, diagnosis, or treatment, a peace officer or any interested person may either take the child to a hospital, mental health facility, or another less restrictive alternative …

(1) The Administrative Office of the Courts shall assign a court-designated worker, as described in KRS Chapters 600 and 605, to maintain contact with and perform other specific functions on behalf of each child involuntarily hospitalized under this chapter. (2) Under no circumst…

(1) The District Court may continue its jurisdiction over a hospitalized child for six (6) months beyond a child's eighteenth birthday for purposes of continuity of treatment. At the conclusion of the six (6) months, the cabinet may initiate proceedings under KRS Chapter 202A. (2…

patient -- Notice of discharge required. (1) A child hospitalized under this chapter shall receive necessary and appropriate treatment. (2) Except as provided for in KRS 645.120, no child shall be hospitalized involuntarily unless in the opinion of two (2) qualified mental health…

plan. (1) Every hospital which treats children under this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. The review committee shall have the authority to review the appropriateness of a patient's indivi…

(1) Upon notice to the court, an authorized staff physician may release an involuntary patient on convalescent leave not to exceed ninety (90) days. The physician may authorize convalescent leave only if he concludes that the patient would not present a danger or a threat of dang…

(1) Any child who was admitted pursuant to KRS 645.030(1)(b) or (c) may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the child can be discerned. The notice may be written by the child, a court-…

(1) An authorized staff physician of the hospital shall discharge the child from the hospital within five (5) days, exclusive of holidays and weekends, after receipt of a child's notice of intent to leave, unless the hospital, the parent, or other person exercising custodial cont…

(1) After a notice of contest has been received, the hospital may continue the hospitalization on an involuntary basis until a hearing has been held and the court orders otherwise. In no case may the child be held more than fifteen (15) days beyond the filing of the notice of con…

(1) If a child who is at least sixteen (16) years of age is voluntarily admitted to a hospital under this chapter, the hospital shall give notice within twenty-four (24) hours to the child's parents or other person exercising custodial control or supervision, including the state,…

(1) The child, parent or other person exercising custodial control or supervision of a child hospitalized under this chapter shall be entitled to confer at regular intervals with the treating or admitting physician or a member of the child's treatment team concerning the child's …

(1) A child admitted to a hospital pursuant to KRS 645.030 may object to a discharge requested by his parent or other person exercising custodial control or supervision by stating in writing his objection and his desire to remain as a patient. (2) If the hospital desires to conti…