15A.0651 Access to juvenile facility records -- When permitted -- Appeal of denial.

341 words·~2 min read·/ky/chapter-15a/15a-0651

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section, "juvenile facility" means any facility wherein a juvenile or

other person under the authority of the Department of Juvenile Justice is confined.

(2)KRS 61.870 to 61.884 to the contrary notwithstanding, a person shall not have

access to a record if its disclosure is deemed by the commissioner of the

Department of Juvenile Justice or his or her designee to constitute a threat to the

security of the juvenile, the juvenile facility, or any other person.

(3)KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be

required to comply with a request for any record from any person confined in a

juvenile facility or any individual on active supervision under the jurisdiction of the

department, unless the request is for a record that contains a specific reference to the

individual making the request.

(4)KRS 61.870 to 61.884 to the contrary notwithstanding, if a person confined in a

juvenile facility wishes to challenge a denial of a request to inspect a public record,

he or she shall mail or otherwise send the appropriate documents to the Attorney

General within twenty

(20)days of the denial pursuant to the procedures set out in

KRS 61.880(2) before an appeal can be filed in a Circuit Court.

(5)KRS 61.870 to 61.884 to the contrary notwithstanding, all records relating to

juvenile detention containing information expunged pursuant to law shall not be

open to the public.

(6)KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for

a record, the department shall respond to the request within five

(5)days after

receipt of the request, excepting Saturdays, Sundays, and legal holidays, and shall

state whether the record may be inspected or may not be inspected, or that the

record is unavailable and when the record is expected to be available.

(7)Nothing in this section shall authorize the department to deny any attorney

representing a juvenile access to any record to which the attorney or the juvenile

would otherwise be entitled.