610.030 Preliminary intake inquiry procedures -- Resulting actions -- Formal
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conference -- Diversion agreement. Except as otherwise provided in KRS Chapters 600 to 645:
(1)If any person files a complaint alleging that a child, except a child alleged to be
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the
court, may be within the purview of KRS Chapters 600 to 645, the court-designated
worker shall make a preliminary determination as to whether the complaint is
complete. In any case where the court-designated worker finds that the complaint is
incomplete, the court-designated worker shall return the complaint without delay to
the person or agency originating the complaint or having knowledge of the facts, or
to the appropriate law enforcement agency having investigative jurisdiction of the
offense, and request additional information in order to complete the complaint. The
complainant shall promptly furnish the additional information requested;
(a)Upon receipt of a complaint which appears to be complete and which alleges
that a child has committed a public offense, the court-designated worker shall
refer the complaint to the county attorney for review pursuant to KRS
635.010.
(b)If after review the county attorney elects to proceed, the court-designated
worker shall conduct a preliminary intake inquiry to recommend whether the
interests of the child or the public require that further action be taken or
whether, in the interest of justice, the complaint can be resolved informally
without the filing of a petition;
(3)Upon receipt of a complaint that appears to be complete and that alleges that the
child has committed a status offense, the court-designated worker shall conduct a
preliminary intake inquiry to determine whether the interests of the child or the
public require that further action be taken;
(4)Prior to conducting a preliminary intake inquiry, the court-designated worker shall
notify the child and the child's parent, guardian, or other person exercising custodial
control or supervision of the child in writing:
(a)Of their opportunity to be present at the preliminary intake inquiry;
(b)That they may have counsel present during the preliminary intake inquiry as
well as the formal conference thereafter;
(c)1. That all information supplied by the child to a court-designated worker
during any process prior to the filing of the petition shall be deemed
confidential and shall not be subject to subpoena or to disclosure
without the written consent of the child.
2. Information may be shared between treatment providers, the court-
designated worker, and the family accountability, intervention, and
response team to enable the court-designated worker to facilitate
services and facilitate compliance with the diversion agreement; and
(d)That the child has the right to deny the allegation and demand a formal court
hearing;
(5)The preliminary intake inquiry shall include the administration of an evidence-
based screening tool and, if appropriate and available, a validated risk and needs
assessment, in order to identify whether the child and his or her family are in need
of services and the level of intervention needed;
(a)Upon the completion of the preliminary intake inquiry for a minor who is
alleged to be a status offender under KRS 630.020(3) and is alleged to have
been absent without excuse for fifteen
(15)or more days during a school year,
the court-designated worker shall refer the complaint to the county attorney.
The county attorney shall then refer the complaint:
1. For formal court action; or
2. To be handled under subsection
(8)of this section.
(b)Upon the completion of the preliminary intake inquiry for all other
allegations, the court-designated worker may:
1. If the complaint alleges a status offense, determine that no further action
be taken subject to review by the family accountability, intervention,
and response team;
2. If the complaint alleges a public offense, refer the complaint to the
county attorney;
3. Refer a public offense complaint for informal adjustment; or
4. Based upon the results of the preliminary intake inquiry, other
information obtained, and a determination that the interests of the child
and the public would be better served, and with the written approval of
the county attorney for a public offense complaint, if necessary, conduct
a formal conference and enter into a diversion agreement;
(7)Upon receiving written approval of the county attorney, if necessary, to divert a
public offense complaint, and prior to conducting a formal conference, the court-
designated worker shall advise in writing the complainant, the victim if any, and the
law enforcement agency having investigative jurisdiction of the offense:
(a)Of the recommendation and the reasons therefor and that the complainant,
victim, or law enforcement agency may submit within ten
(10)days from
receipt of such notice a complaint to the county attorney for special review; or
(b)In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact
that the child was statutorily entitled to divert the case;
(8)A formal conference shall include the child and his or her parent, guardian, or other
person exercising custodial control or supervision. The formal conference shall be
used to:
(a)Present information obtained at the preliminary intake inquiry; and
(b)1. Develop a diversion agreement that shall:
a. i. Require that the child regularly attend school; and
ii. For a child against whom a complaint alleging truancy has
been filed, require that if the child is absent from school
without excuse for four
(4)days during a diversion
agreement, the child shall immediately be considered to have
failed to complete the diversion agreement and subsection
(9)(b)3. of this section shall immediately apply; and
b. Not exceed twelve
(12)months in duration, and may include:
i. Referral of the child, and family if appropriate, to a public or
private entity or person for the provision of identified
services to address the complaint or assessed needs;
ii. Referral of the child, and family if appropriate, to a
community service program within the limitations provided
under KRS 635.080(2);
iii. Restitution, limited to the actual pecuniary loss suffered by
the victim, if the child has the means or ability to make
restitution;
iv. Notification that the court-designated worker may apply
graduated sanctions for failure to comply with the diversion
agreement;
v. Any other program or effort which reasonably benefits the
community and the child; and
vi. A plan for monitoring the child's progress and completion of
the agreement.
2. Prior to developing the diversion agreement, the court-designated
worker or court-designated specialist shall contact the school district
that the child attends to obtain background information from school
personnel regarding family background, education records, any services
previously provided, and any recommended trauma informed strategies.
3. Upon developing a diversion agreement, the court-designated specialist
shall make all details of the agreement accessible to all members of the
family, accountability, intervention, and response team through an
electronic platform provided by the Administrative Office of the Courts;
(a)If a child successfully completes a diversion agreement, the underlying
complaint shall be dismissed and further action related to that complaint shall
be prohibited.
(b)If a child fails to appear for a preliminary intake inquiry, declines to enter into
a diversion agreement, or fails to complete a diversion agreement, then:
1. For a public offense complaint, the matter shall be referred to the county
attorney for formal court action and, if a petition is filed, the child may
request that the court dismiss the complaint based upon his or her
substantial compliance with the terms of diversion;
2. For a status offense complaint, except as provided for in subparagraph 3.
of this paragraph, the court-designated worker shall refer the matter to
the family accountability, intervention, and response team for review
and further action; and
3. For a status offense complaint alleging truancy for which the child failed
diversion in accordance with subsection (8)(b)1.a.ii. of this section, the
matter shall immediately be referred to the county attorney for formal
court action.
(c)If the child enters into a diversion agreement or is referred to the family
accountability, intervention, and response team for truancy and there is no
action implemented by the family accountability, intervention, and response
team within thirty
(30)days, the family accountability, intervention, and
response team shall report to the court the reasons for inaction and shall
provide a plan for action on the child's case. The court shall review on the
record any diversion agreement and any report, without the attendance or
appearance of the child, at regular intervals at the court's discretion to verify
family accountability, intervention, and response team member attendance,
team accountability, and performance.
(d)If a child fails to appear for a preliminary intake inquiry or fails to complete a
diversion agreement due to lack of parental cooperation, the court-designated
worker shall make a determination that the child failed to complete the
diversion due to lack of parent cooperation;
(10)If a complaint is referred to the court, the complaint and findings of the court-
designated worker's preliminary intake inquiry shall be submitted to the court for
the court to determine whether process should issue;
(11)If the court receives a report with a determination that the diversion is failed due to
lack of parental cooperation, the court may order parental cooperation and refer the
case back to the court-designated worker. The child shall not be detained upon this
finding; and
(12)At any stage in the proceedings described in this section, the court or the county
attorney may review any decision of the court-designated worker. The court upon
its own motion or upon written request of the county attorney may refer any
complaint for a formal hearing.