Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:010 - Definitions
Universal Citation: 505 KY Admin Regs Service 2:010
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing secure juvenile detention centers and juvenile holding facilities.
Section 1. Definitions. The following definitions shall apply in this chapter:
(1)
"Adjudicatory hearing" means a hearing to determine whether the allegations of
a petition are supported by evidence.
(2) "Admission" means the point of entry into
a program; during admission processing the juvenile receives an orientation to
the goals of the program and program rules and regulations. Assignment to
living quarters and to appropriate staff members shall also be completed at
this time.
(3) "Agency" means the
unit of a governing authority which has direct responsibility for the operation
of a juvenile detention center program, including the implementation of policy
as set by the governing authority.
(4) "Agency administrator" means the jailer
or the administrative officer appointed by the governing authority that is
responsible for all operations of the agency and all related programs placed
under control of the agency.
(5)
"Casework" means the function of the caseworker, social worker, or other
professional in providing services to the juvenile.
(6) "Chronic care" means health care provided
to patients over a long period of time.
(7) "Cocorrectional facility" means an
institution designed to house both male and female juveniles.
(8) "Code of ethics" means a set of rules
describing acceptable standards of conduct for all employees.
(9) "Community resources" means those social
and welfare agencies, service clubs, citizen interest groups, self-help groups,
and citizen volunteers who have the potential to assist juveniles.
(10) "Contraband" means any item possessed by
juveniles or found within the facility that is illegal by law or that is
expressly prohibited by those legally charged with the responsibility for
administration and operation of the facility or program.
(11) "Corporal punishment" means any act of
inflicting punishment directly on the body, causing pain or injury.
(12) "Detention" means the care of a youth
who requires custody in a physically restricting facility or program.
(13) "Dispositional hearing" means a hearing
held subsequent to the adjudicatory hearing in order to determine what order of
disposition should be made concerning any adjudicated child.
(14) "Dormitory" means any room sleeping more
than five (5) juveniles.
(15)
"Educational program" means a program of formal academic education or a
vocational training activity designed to improve the juvenile's employment
capability.
(16) "Emergency care"
means care for an acute illness or unexpected health care need that cannot be
deferred until the next scheduled sick call.
(17) "Environmental health" means all the
conditions, circumstances, and surrounding influences that affect the health of
persons or groups required to be in the area.
(18) "Facility" means a place, an
institution, a building or part thereof, set of buildings, or an area, whether
or not enclosing a building or set of buildings, which is used for the lawful
custody and treatment of youths and may be owned or operated by public or
private agencies.
(19) "First aid"
means care for a condition that requires immediate assistance from a person
trained in first aid care and the use of the facility's first aid
kits.
(20) "Governing authority"
means for public or governmental agencies, the administrative department or
division to which the agency reports; it is the policy-setting body. For
private agencies, this may be an administrative headquarters or central unit,
or the board of directors or trustees.
(21) "Grievance" means a circumstance or
action made by a youth which is considered to be unjust and grounds for
complaint or resentment.
(22)
"Handicapped youth" means a person with a mental or physical impediment or
disadvantage that restricts that person's ability to utilize programs or
services.
(23) "Holidays" means all
days legally designated as nonworkdays by statute or by the governing
authority.
(24) "Information
system" means the collection, organization, and delivery of information for
administrative use.
(25)
"Independent outside source" means a person qualified by license, education, or
experience to examine a condition or service. To be considered independent, the
examiner shall not be in the employment of the facility being inspected. An
auditor or inspector examining a program or condition within a community center
may not be an employee of that center and still be considered
independent.
(26) "Juvenile" means
a person under the age of eighteen (18) and shall mean the same as "child"
defined in
KRS
600.020(5).
(27) "Juvenile court" means the juvenile
session of the district court.
(28)
"Life safety code" means a manual published and updated by the National Fire
Protection Association specifying minimum standards for fire safety necessary
in the public interest including corrections facilities.
(29) "Official personnel file" means a
current and accurate record of the employee's job history, including all
important information relating to that history.
(30) "Parent" means the biological or
adoptive mother or father of a youth.
(31) "Person exercising similar custodial
control or supervision" means a person who has assumed the role and
responsibility of a parent or guardian for the youth, but who does not
necessarily have legal custody of the youth.
(32) "Physical examination" means a thorough
evaluation of a patient's current physical condition and medical histories
conducted by, or under the supervision of, a licensed professional.
(33) "Placing authority" means that court or
agency with the authority to order a juvenile into a specific placement. This
may be the juvenile court, the Department of Juvenile Justice, or other duly
constituted and authorized placement agency.
(34) "Policy" means a definite, stated course
or method of action that guides and determines present and future decisions and
activities. A policy is a statement of principles that guides the agency in the
attainment of objectives. To comply with a standard that requires a policy for
a certain area, there shall be not only a written policy, but also evidence
that a line of action or principle has been adopted and is being followed by
the agency.
(35) "Procedure" means
a procedure that provides the detailed and sequential actions that must be
executed to ensure that a policy is fully implemented.
(36) "Professional associations" means a
collective body of persons engaged in a particular profession or vocation,
e.g., the American Correctional Association, the American Medical Association,
the National Association of Clinical Psychologists, and the National Juvenile
Detention Association.
(37)
"Program" means the plan or system through which a juvenile detention facility
agency works to meet its goals.
(38) "Public offense" means an act if
committed by an adult would be a crime.
(39) "Rated capacity" means the actual number
of beds available for regular use. This does not include hospital beds,
segregation beds, or other spaces used only on a temporary basis.
(40) "Renovation" means a significant
structural or design change in the physical plant of a facility.
(41) "Secure institution" means any facility
that is designed and operated to ensure that all entrances and exits are under
the exclusive control of the facility's staff, thereby not allowing a juvenile
to leave the facility unsupervised or without permission.
(42) "Security devices" means locks, gates,
doors, bars, fences, screens, ceiling, floors, walls, and barriers used to
confine and control detained persons. Also included are electronic monitoring
equipment, security alarm systems, security light units, auxiliary power
supplies, and other equipment used to maintain facility security.
(43) "Training" means formal classroom
instruction; on-the-job training under the direction of an instructor or
coworker; training meetings, staff meetings or conferences that include a
formal agenda and instruction by a teacher, manager, or official; physical
training; or other instructional programs that include a trainer and trainee
relationship. Training programs include requirements for completion, attendance
recording, and a system for recognition of completion.
(44) "Volunteers" means persons who donate
their time and effort to enhance the activities of the program. They are
selected on the basis of their skills or personal qualities to provide services
in recreation, counseling, education, religious activities, etc.
STATUTORY AUTHORITY: KRS 15A.210-15A.240
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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