Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.160,
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 procedures for the drug
screening and testing of juveniles in the custody of the department.
Section 1.
(1) Juveniles are subject to drug screening
and testing at any time and shall be provided with documentation regarding the
drug screening and testing process and the consequences of a positive drug test
during intake and orientation. The consequences of a positive drug screen or
test may include:
(a) Progressive
discipline;
(b) Movement to a more
restrictive level of care;
(c)
Revocation of probation or supervised placement;
(d) Criminal charges filed by a law
enforcement agency; or
(e)
Sanctions by the court.
(2) A juvenile shall be informed, in writing,
that failure or refusal to cooperate by providing a specimen, within two (2)
hours of a request, is a major rule violation and may result in discipline. A
juvenile may be kept on one-to-one supervision until the juvenile provides a
specimen.
(3) Confidentiality.
Facility staff and the laboratory involved in any aspect of the drug screening
or testing program shall maintain strict standards of confidentiality, as
required by law.
(4) If the
juvenile admits to any drug usage prior to the drug screen, the juvenile shall
be asked to sign a statement acknowledging the use and drug used and that the
screen may be positive. Prior to providing a written statement, the juvenile
shall be informed that the written statement may be used in legal proceedings.
This written statement shall not be coerced and shall be provided by the
juvenile voluntarily. The specimen shall still be collected.
(5) Positive Screen Result. If the drug
screen is positive, the juvenile shall be asked to sign a statement
acknowledging that he or she has been using drugs and that the results of the
drug screen are accurate. Prior to providing a written statement, the juvenile
shall be informed that the written statement may be used in legal proceedings.
This written statement shall not be coerced and shall be provided by the
juvenile voluntarily.
(a) A confirmation test
by a laboratory shall be conducted after a positive drug screen.
(b) Confirmation Test Results. Facility staff
shall notify the juvenile of the confirmation test results within twenty-four
(24) hours of receipt. A juvenile on furlough shall be notified of the results
within one (1) business day. Except for positive screens or tests upon initial
intake at a detention center, a penalty slip or disciplinary review notice
shall be issued and the disciplinary review process in
505 KAR 1:400 shall be
followed.
(c) A juvenile testing
positive for drugs shall be subject to progressive discipline.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.160,
200.115,
605.150,
635.095,
635.100(7),
635.500,
640.120,
645.250
