Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
15A.067,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
15A.210,
605.150,
635.095, and
640.120 authorize the Justice
and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
administrative regulations for the proper administration of the cabinet and its
programs. This administrative regulation establishes the admissions
requirements for department day treatment programs.
Section 1. General.
(1) A juvenile's admission to a day treatment
program shall depend on the program's capacity.
(2) Prior to a juvenile being placed in a day
treatment program, an assessment of the juvenile's individual needs shall be
completed.
(3) The Department of
Juvenile Justice shall provide services to juveniles in day treatment programs
without discrimination on the basis of race, color, sex, disability, age,
national origin, religion, sexual orientation, gender identity, genetic
information, political affiliation, or veteran status.
Section 2. Eligibility Criteria for Day
Treatment Admissions.
(1) Juveniles ages
twelve (12) to seventeen (17) shall be eligible for admission consideration for
a day treatment program. Juveniles aged eighteen (18) shall only be eligible
for admission to a department day treatment program if they are committed to
DJJ and have educational needs that can best be met in the day treatment
setting.
(2) Admission priority
shall be given to juveniles in the following order:
(a) DJJ committed or probated
juveniles;
(b) Other juveniles
adjudicated on public or status offenses;
(c) Juveniles who are court
ordered;
(d) Juveniles referred by
the FAIR Team;
(e) Juveniles
referred by the Department of Community Based Services; and
(f) School-referred juveniles with severe
behavioral issues in the school and in the community.
Section 3. Referral Process.
(1) The referring agent shall provide to the
Superintendent or designee a written referral for the juvenile that includes
the following information:
(a) Identifying
information: name, address, date of birth, sex, and race or ethnic
origin;
(b) Reason for referral,
including presenting problems;
(c)
Emergency contact information and date information was gathered;
(d) Name of referring agency or committing
authority;
(e) Education and school
history;
(f) Social history if
applicable;
(g) Special medical
problems or needs;
(h) Personal
physician, if applicable;
(i) Legal
status, including jurisdiction, length, and conditions of placement;
(j) Signature of both interviewee and
employee gathering information;
(k)
Needs assessment for a juvenile who is probated, committed, or sentenced to the
department; and
(l) Any other
information pertinent to the juvenile.
(2) A referral that does not include adequate
information may be denied by the superintendent.
(3) The referring individual or agency shall
be notified of a decision within two (2) weeks of the program receiving a
complete referral packet. If the juvenile is not admitted, a written response
shall be provided to the referring individual or agency with recommendations
for other services or placement options.
(4) Upon written request from the respective
juvenile, an explanation of the reason the juvenile was not accepted into the
program shall be provided.
Section
4. Accommodations. A juvenile or caregiver may request an
accommodation for a disability through any day treatment program staff. A day
treatment program shall make accommodation for a juvenile with a disability.
The day treatment program shall make appropriate referrals for care and
treatment, if needed, and may provide connection to resources if a juvenile has
a disability that manifests in behaviors that may present a threat to self or
others. The program shall follow each child's Individual Education Plan and 504
Plan.
Section 5. Admission
Revocation and Removal from Program. Once a juvenile has been admitted, the
superintendent in consultation with the treatment team may revoke the admission
approval and request the juvenile's removal from the program. The reason for
removal shall be documented, and may include:
(1) Fighting or violent behavior;
(2) Chronic program disruption;
(3) Truancy or failure to attend;
or
(4) Failure to make progress in
the program including:
(b) Not
completing assigned work;
(d) Other indicators
of lack of progress in the educational program.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
605.150,
635.095,
635.100(7),
640.120,
645.250
