630.080 Detention in secure juvenile detention facility or juvenile holding facility --
566 words·~3 min read·
/ky/630-080A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Limitation on detention of child.
(1)In order for the court to detain a child after the detention hearing, the
Commonwealth shall establish probable cause at the detention hearing that the child
is a status offender and that further detention of the child is necessary for the
protection of the child or the community. If the Commonwealth fails to establish
probable cause that the child is a status offender, the complaint shall be dismissed
and the child shall be released. If the Commonwealth establishes probable cause
that the child is a status offender, but that further detention of the child is not
necessary for the protection of the child or the community, the child shall be
released to the parent or person exercising custodial control or supervision of the
child. If grounds are established that the child is a status offender, and that further
detention is necessary, the child may be placed in a nonsecure setting approved by
the Department of Juvenile Justice;
(2)A status offender may be securely detained if the cabinet has initiated or intends to
initiate transfer of the youth by competent document under the provisions of the
interstate compact pursuant to KRS Chapter 615;
(3)The appropriate public agency shall:
(a)Within twenty-four
(24)hours, exclusive of weekends and holidays, of
receiving notification, as provided in KRS 15A.305(3), that a status offender
or alleged status offender has been detained on the allegation that the child has
violated a valid court order, meet with and interview the child; and
(b)Within forty-eight
(48)hours, exclusive of weekend and holidays, of the
detention hearing required under KRS 610.265, prepare and deliver to the
court the completed written report required by subsection
(4)of this section
and KRS 610.265 if the child remains in detention after the detention hearing,
and prior to the disposition hearing if the child has not been detained; and
(4)A status offender or alleged status offender who is subject to a valid court order
may be securely detained upon a finding that the child violated the valid court order
if the court does the following prior to ordering that detention:
(a)Affirms that the requirements for a valid court order were met at the time the
original order was issued;
(b)Makes a determination during the adjudicatory hearing that the child violated
the valid court order; and
(c)Within forty-eight
(48)hours after the adjudicatory hearing on the violation of
a valid court order by the child, exclusive of weekends and holidays, the court
receives and reviews a written report prepared by an appropriate public agency
that reviews the behavior of the child and the circumstances under which the
child was brought before the court, determines the reasons for the child's
behavior, and determines whether all dispositions other than secure detention
have been exhausted or are inappropriate. If a prior written report is included
in the child's file, that report shall not be used to satisfy this requirement. The
child may be securely detained for a period not to exceed forty-eight
(48)hours, exclusive of weekends and holidays, pending receipt and review of the report by the court. The hearing shall be conducted in accordance with the provisions of KRS 610.060. The findings required by this subsection shall be included in any order issued by the court which results in the secure or nonsecure detention of a status offender.