Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 2 - Juvenile Detention Facilities
Section 505 KAR 2:040 - Juvenile records
Universal Citation: 505 KY Admin Regs Service 2:040
Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative regulations governing juvenile detention centers and juvenile holding facilities.
Section 1.
(1) A juvenile detention
center or holding facility shall establish a written policy and procedure
governing record management, including the establishment, utilization, content,
privacy, security and preservation of records, and a schedule for the
retirement or destruction of inactive case records. These policies and
procedures shall be reviewed annually.
(2) An admittance form shall be completed for
every juvenile admitted to the facility and contain at least the following
information:
(a) Court case number, if any,
and detention facility admission number;
(b) Date and time of admission and
release;
(c) Name and
nicknames;
(d) Last known
address;
(e) Legal status
(authority for detention);
(f) Name
of attorney, if any;
(g) Name,
title and signature of delivering officer;
(h) Specific charges;
(i) Sex;
(j) Date of birth;
(k) Place of birth;
(l) Race or nationality;
(m) Education and school attended;
(n) Employment, if any;
(o) Religion;
(p) Health status;
(q) Medical consent forms;
(r) Name, relationship, address and phone
number of the parent, guardian, or person juvenile resides with at time of
admission;
(s) Driver's license
number, Social Security number and Medicaid number, if applicable;
(t) Date of petition;
(u) Court and disposition, if any;
(v) Space for remarks (to include notation of
any open wounds or sores requiring treatment, evidence of disease or body
vermin, or tattoos);
(w) Person
recording data;
(x) Inventory of
property;
(y) Emergency contact;
and
(z) Suicide
assessment.
(3) A
juvenile detention center or holding facility shall establish a written policy
and procedure providing for guidelines for the collection and retention of
information pertaining to the detained juveniles.
(4) A record shall be maintained on each
juvenile and include, at a minimum, the following information:
(a) Initial intake information
form;
(b) Documented legal
authority to accept juvenile;
(c)
Information on referral source;
(d)
Record of court appearances;
(e)
Signed release of information forms;
(f) A record of cash and valuables
held;
(g) Notations of temporary
absences from the facility, if any;
(h) Visitors' names and dates of visits, if
any;
(i) A record of telephone
calls, if any;
(j) Probation
officer or caseworker assigned;
(k)
Progress reports on program involvement;
(I) Program rules and disciplinary policy
signed by juvenile;
(m) Grievance
and disciplinary record, if any;
(n) Referrals to other agencies, if any; and
(o) Final discharge or transfer
report.
(5) A juvenile
detention center or holding facility shall establish a written policy and
procedure requiring the responsible staff members to make all entries into the
records assigned to them, and date and sign each entry.
(6) The facility shall maintain a single
master file identifying all juveniles detained in the facility.
(7) The contents of records shall be
identified and separated according to an established format.
(8) The facility shall maintain a system that
identifies all juveniles in custody and their actual physical
locations.
(9) Except as provided
in
KRS
61.870 through
61.884,
a juvenile detention center or holding facility shall establish a written
policy and procedure providing that records are safeguarded from unauthorized
and improper disclosure. Manual records shall be marked confidential and kept
in locked files that shall be also marked confidential. The written policy and
procedure shall provide that when any part of the information system is
computerized, security ensures confidentiality.
(10) The administration shall use a consent
form that complies with applicable federal and state regulations. The juvenile
signs a "release of information consent form" before the release of information
as required by regulation and a copy of the form is maintained in the
juvenile's record.
(11) Consistent
with open record statutes, written policy and procedure shall provide that
individuals and agencies may have access to records for the purposes of
research, evaluation and statistical analysis in accordance with a formal
written agreement that authorizes access, specifies uses of data, and ensures
confidentiality and security.
STATUTORY AUTHORITY: KRS 15A.210
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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