635.060 Options of court at dispositional hearing -- Mental health assessment for

2,189 words·~10 min read·/ky/635-060

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committed child. If in its decree the juvenile court finds that the child comes within the purview of this chapter, the court, at the dispositional hearing, may impose any combination of the following, except that the court shall, if a validated risk and needs assessment tool is available, consider the validated risk and needs assessment submitted to the court and parties by the Department of Juvenile Justice or other agency before imposing any disposition:

(1)Order the child or his parents, guardian, or person exercising custodial control to

make restitution or reparation to any injured person to the extent, in the sum and

upon the conditions as the court determines. However, no parent, guardian, or

person exercising custodial control shall be ordered to make restitution or

reparation unless the court has provided notice of the hearing, provided opportunity

to be heard, and made a finding that the person's failure to exercise reasonable

control or supervision was a substantial factor in the child's delinquency;

(a)Place the child:

1. Under parental supervision in the child's own home or in a suitable

home or boarding home, upon the conditions that the court shall

determine, or

2. On probation under conditions that the court shall determine.

(b)1. At the time the child is placed on probation, the court shall explain to

the child the sanctions which may be imposed if the court's conditions

are violated, and shall include notice of those sanctions as part of its

written order of probation. A child placed on probation shall be subject

to the visitation and supervision of a probation officer or an employee of

the Department of Juvenile Justice.

2. The conditions of probation shall include authorization for the use of

graduated sanctions prior to a court review for the imposition of a term

of detention. If the court has previously imposed graduated sanctions for

a violation of conditions of supervision by a child monitored by the

court, or makes a finding that the graduated sanctions have previously

been imposed for a child on probation, then the court may impose a

sanction of up to thirty

(30)days' detention for a violation of the

conditions of supervision or probation. A court may not impose

detention prior to use of graduated sanctions unless there is clear and

convincing evidence that there are no graduated sanctions available that

are appropriate for the child and the child is an immediate threat to

himself or others. Except where commitment has been probated

pursuant to subsection

(5)of this section, a child may not be committed

or recommitted to the Department of Juvenile Justice for a violation of a

condition of probation.

(c)A child placed on probation or supervision with court monitoring shall remain

subject to the jurisdiction of the court as follows, except that if a person is

placed on probation after the person reaches the age of seventeen

(17)years

and six

(6)months, the probation shall be for a period not to exceed one

year:

1. If the child was adjudicated for an offense that would be a violation if

committed by an adult, the period of probation or supervision shall not

exceed thirty

(30)days, except that the court may order up to three

months of supervision if the court-ordered treatment includes a program

that requires longer than thirty

(30)days to complete;

2. If the child was adjudicated for an offense that would be a misdemeanor

if committed by an adult, other than an offense for which a child has

been declared a juvenile sex offender under KRS 635.510 or an offense

involving a deadly weapon, the period of probation or supervision shall

not exceed six

(6)months, except that the court may order up to twelve

(12)months of supervision if the court-ordered substance abuse or

mental health treatment includes a program that requires longer than six

(6)months to complete;

3. If the child was adjudicated for an offense that would be a Class D

felony if committed by an adult, other than an offense for which a child

has been declared a juvenile sex offender under KRS 635.510 or an

offense involving a deadly weapon, the period of probation or

supervision shall not exceed twelve

(12)months; or

4. If the child was adjudicated for an offense that would be a felony

offense if committed by an adult, other than a Class D felony offense, or

for an offense involving a deadly weapon, or for an offense in which the

child has not been declared a sexual offender pursuant to KRS 635.510,

the child may be placed on probation up to age eighteen (18);

(a)If the child was adjudicated for an offense other than an offense that would be

a violation if committed by an adult, order the child confined in an approved

secure detention facility or detention program, as authorized by KRS Chapter

15A, as follows:

1. If the child is fourteen

(14)years of age but less than sixteen

(16)years

of age, the child may be confined for a period of time not to exceed

forty-five

(45)days; or

2. If the child is sixteen

(16)years of age or older, the child may be

confined for a period of time not to exceed ninety

(90)days.

(b)Any child detained under this section, other than a child previously assessed

pending a detention hearing, shall be assessed by a mental health professional

to determine if the child exhibits behavior that indicates the child could

benefit from cognitive behavioral therapy, other evidence-based behavioral

health programs, substance use disorder treatment, or treatment in a

psychiatric facility for serious mental illness. Any treatment recommended

under this paragraph shall be provided by the Department of Juvenile Justice

and may be provided pursuant to a contract between the Justice and Public

Safety Cabinet and a behavioral health services organization.

(c)The Justice and Public Safety Cabinet may enter into a contract or contracts

with at least one (1):

1. Mental health professional whose communications with the child shall

be confidential in conformity with the Kentucky Rules of Evidence, to

provide the assessment required by paragraph

(b)of this subsection; and

2. Behavioral health services organization that is accredited and qualified

to provide behavioral health treatment.

(d)Behavioral health services organizations contracted pursuant to paragraph

of this subsection may utilize restorative practices designed to hold the

participant accountable to the victim if there is an identified victim and, in the

professional opinion of the behavioral health service provider, it is safe to do

so.

(e)The Department of Juvenile Justice shall pay for the confinement of children

confined pursuant to this subsection in accordance with the statewide

detention plan and administrative regulations implementing the plan;

(a)Order the child to be committed or recommitted to the custody of the

Department of Juvenile Justice, grant guardianship to a child-caring facility or

a child-placing agency authorized to care for the child, or place the child

under the custody and supervision of a suitable person if:

1. The child was adjudicated for an offense that would be a misdemeanor

or Class D felony if committed by an adult and the child has at least

three

(3)prior adjudications, excluding prior adjudications of offenses

designated as a violation, or at least four

(4)prior adjudications of

violations, which do not arise from the same course of conduct; or

2. The child was adjudicated for an offense involving a deadly weapon, an

offense in which the child has been declared a juvenile sexual offender

under KRS 635.510, or an offense that would be a felony offense if

committed by an adult, other than a Class D felony.

(b)The commitment shall be for the following term, subject to KRS 635.070 and

the power of the court to terminate the order and discharge the child prior

thereto:

1. If the child was adjudicated for an offense that would be a misdemeanor

if committed by an adult, other than an offense for which a child has

been declared a juvenile sex offender under KRS 635.510 or an offense

involving a deadly weapon, the child may be committed for a period not

to exceed twelve

(12)months, including all time spent in the treatment

plan established pursuant to KRS 15A.0652;

2. If the child was adjudicated for an offense that would be a Class D

felony if committed by an adult, other than an offense for which a child

has been declared a juvenile sex offender under KRS 635.510 or an

offense involving a deadly weapon, the child may be committed for a

period not to exceed eighteen

(18)months, including all time spent in

the treatment plan established pursuant to KRS 15A.0652;

3. If the child was adjudicated for an offense that would be a felony

offense if committed by an adult, other than a Class D felony offense, or

an offense involving a deadly weapon, the child may be committed up to

age eighteen (18);

4. If the child was adjudicated for an offense that results in the child being

declared a juvenile sexual offender, the commitment shall be as

provided in KRS 635.515;

5. The court, in its discretion, upon motion by the child and with the

concurrence of the Department of Juvenile Justice, may authorize an

extension of commitment up to age twenty-one

(21)to permit the

Department of Juvenile Justice to assist the child in establishing

independent living arrangements; and

6. If a child is committed after the child reaches the age of seventeen

years and six

(6)months, and except as provided in subparagraph 4. of

this paragraph, the commitment shall be for a period not to exceed one

(1)year.

(c)The Department of Juvenile Justice shall:

1. Accept physical custody of a child who is detained in an approved

secure juvenile detention facility in accordance with KRS 15A.200 to

15A.240 at the time the child is committed or recommitted to the

custody of the Department of Juvenile Justice. The Department of

Juvenile Justice shall remove the child from the approved secure

juvenile detention facility and secure appropriate placement as soon as

possible but not to exceed thirty-five

(35)days of the time of

commitment or recommitment; and

2. Pay for the cost of detention from the date of commitment or

recommitment, on the current charge, until the child is removed from

the detention facility and placed.

(d)All orders of commitment may include advisory recommendations the court

may deem proper in the best interests of the child and of the public.

(e)Any child committed under this section, other than a child previously assessed