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 requirements for juvenile
records and information maintained by the department.
Section 1. Confidentiality.
(1) Staff, consultants, contract personnel,
interns, and volunteers shall keep juvenile records and information
confidential pursuant to
KRS
15A.0651,
610.320, and
610.340. Staff, consultants,
contract personnel, interns, and volunteers shall not seek information beyond
that needed to perform their responsibilities. All staff, consultants, contract
personnel, interns, and volunteers shall sign a confidentiality/security form
as a condition of employment or providing services.
(2) If another juvenile must be identified in
a juvenile's case record for any reason, the juvenile's name shall be
identified by first name and initial of the last name only.
(3) A juvenile or a juvenile's parent or
guardian shall make a written request for the juvenile's records to the
offender information administrator.
(4) Others seeking to access juvenile records
shall make a request in writing to the open records coordinator at the address
on the department Web site at
https://djj.ky.gov/Pages/index.aspx
at the records request page.
Section
2. Juvenile Records. A record shall be kept for each juvenile
committed to, in the custody of, or in placement with DJJ, which shall include
the following:
(1) Court documents, including
authority to accept, release, or discharge;
(2) Initial intake information;
(4) Biographical data, including:
(a) A birth certificate, if
available;
(b) The Social Security
card, if available; and
(c)
Government-issued identification, if available;
(5) Juvenile personal property
inventory;
(6) Any grievances filed
by or about the juvenile;
(7)
Assessment data, including case history or social history, if
available;
(8) Alternative to
Secure Detention Program data, if applicable;
(9) All incident reports involving the
juvenile;
(10) Any IIB report in
which the juvenile was the alleged victim;
(12) Release summary for any
release;
(13) Records of any DJJ
previous detainment;
(14) Education
records, including:
(a) Individual learning
plan; and
(b) Education grades and
credits;
(15)
Disciplinary records;
(17) If the juvenile is a
youthful offender:
(a) Resident record
card;
(b) Pre-sentence
investigation;
(18)
Information regarding co-defendants, emergency protective orders, security
threat group affiliation, and other known conflicts; and
(19) Emergency medical information, such as
the need for an EPEE Pen or steroid inhaler. All other medical information
shall be in the medical record only.
Section 3. Medical Record. The juvenile's
medical record shall be maintained separately.
Section 4. Transfer of Records. All records,
including medical records, regarding the juvenile shall be available
electronically or transferred to any facility to which the juvenile is
transferred.
Section 5. Victim
Information and Notification Everyday (VINE). For youthful offenders, the
statutorily required information shall be entered into the VINE system so that
victims are notified of the juvenile's location.
Section 6. Security Threat Groups.
(1) The department shall identify juveniles
active or associated with security threat groups and monitor the STGs for the
purpose of maintaining institutional safety.
(2) All information regarding STGs shall be
considered confidential and used only for official department or law
enforcement purposes.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
605.150,
635.095,
635.100(7),
640.120,
645.250
