Title 505 | Chapter 001 | Regulation 110
PREVIOUS VERSION
The previous document that this document is based upon is available.
505 KAR 1:110.Intake and orientation.
Section 1.
Intake.(1)
A juvenile shall be screened and assessed at intake to assist in developing appropriate services for the juvenile.(2)
A juvenile shall not be discriminated against on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.(3)
A juvenile shall be screened to determine if the juvenile is in crisis and requires referral to a mental health professional pursuant to KRS 15A.305(8)(a).Section 2.
Juvenile Detention Center Intake.(1)
A juvenile shall be informed of the intake and orientation process at the time of intake.(2)
Any medication or prescription for medication brought with the juvenile shall be immediately turned over to the facility health authority or designee for instructions regarding disposition.Section 3.
Screening for Detention Centers, Juvenile Development Centers, and Group Homes.(1)
Staff shall provide the individual being screened with a verbal overview of the procedure for intake and orientation.(2)
A juvenile shall have the following screenings:(a)
Initial health;(b)
Ectoparasite; and(c)
Mental health.(3)
A juvenile may have a drug and alcohol screening.(4)
Absent exigent circumstances, screenings shall be conducted by same gendered staff.(5)
Mental Health Screening. Mental health screening shall be completed by staff trained in use of the screening instrument. If a juvenile is determined to have mental health needs, the facility health authority shall make the determination of need and make contact as appropriate with a mental health provider for a mental health assessment. The mental health screening shall be completed within twenty-four (24) hours of admission.Section 4.
Risk Assessment Screening. After the initial detention hearing, a juvenile ordered detained in a state-operated detention facility shall be screened using the detention risk assessment instrument to determine eligibility for the alternative detention program,Section 5.
Human Trafficking Screening. A human trafficking screening shall be conducted for a juvenile following completion of the Individual Treatment Plan but no later than thirty (30) days after admission.Section 6.
PREA Screening. The PREA vulnerability assessment shall be completed during intake.Section 7.
Security Threat Group Screening. An STG screening shall be completed during intake.Section 8.
Orientation in Juvenile Detention Centers, YDCs, and Group Homes.(1)
A juvenile shall receive orientation in their own language. Material shall either be written or interpreted to ensure understanding of the juvenile's rights and the facility's rules, including grievance procedures, discipline and penalties, and how to access medical and mental health services.(2)
Within twenty-four (24) hours of admission, facility staff shall provide a written handbook of rules and discuss them with the juvenile. If the juvenile handbook is provided electronically, juveniles in isolation shall be provided the information in a written format so that their access to the information is not impeded by their custody status. Receipt of the handbook shall be documented by a statement signed and dated by the juvenile and staff. Staff shall assist the juvenile in understanding the material if a literacy, hearing, or visual impairment issue exists and shall provide interpretation if needed. The orientation information letter to the parent or caregiver shall be in the language of the parent or caregiver if a language barrier exists.(3)
A juvenile shall be provided personal hygiene instruction, personal hygiene products, and a shower upon admission.(4)
A juvenile shall be provided a complete set of clean clothing at admission and daily thereafter, including underwear and socks.(5)
A juvenile shall receive clean, laundered linens.(6)
A juvenile shall be assigned to and given a brief tour of the housing unit.(7)
A juvenile shall receive assistance in notifying the juvenile's family of their admission, registered number, if applicable, and procedures for mail and visiting.(8)
Completion of orientation shall be documented by a signed and dated statement by the juvenile.Section 9.
Orientation Treatment Plan in Group Homes and YDCs. A juvenile's Orientation Treatment Plan shall be written within seven (7) days of admission.HISTORY: (29 Ky.R. 853; 1268; eff. 11-12-2002; 30 Ky.R. 429; eff. 10-31-2003; 429; 1826; eff. 3-18-2004; 32 Ky.R. 536; 1126; eff. 2-3-2006; 41 Ky.R. 472; 1057; eff. 12-5-2014; 42 Ky.R. 521; 1563; eff. 1-4-2016; 45 Ky.R. 1818, 2663; eff. 4-5-2019; 50 Ky.R. 170; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 19, 2023
FILED WITH LRC: May 19, 2023 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for intake and orientation of a juvenile in a department or contracted detention center, youth development center, or group home.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 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.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides guidance concerning intake and orientation of juveniles.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This administrative regulation sets intake and orientation requirements in the regulation and deletes the policy manual involving these topics and others from incorporation by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment provides the intake and orientation requirements in the regulation for easy reference.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 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.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides the intake and orientation requirements in the regulation for easy reference.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The facilities will need to comply with the intake and orientation requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the department.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.
505 KAR 1:110.Intake and orientationDepartment of Juvenile Justice Policy and Procedures Manual: program services.
Section 1.
Intake.(1)
A juvenile shall be screened and assessed at intake to assist in developing appropriate services for the juvenile.(2)
A juvenile shall not be discriminated against on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.(3)
A juvenile shall be screened to determine if the juvenile is in crisis and requires referral to a mental health professional pursuant to KRS 15A.305(8)(a).Section 2.
Juvenile Detention Center Intake.(1)
A juvenile shall be informed of the intake and orientation process at the time of intake.(2)
Any medication or prescription for medication brought with the juvenile shall be immediately turned over to the facility health authority or designee for instructions regarding disposition.Section 3.
Screening for Detention Centers, Juvenile Development Centers, and Group Homes.(1)
Staff shall provide the individual being screened with a verbal overview of the procedure for intake and orientation.(2)
A juvenile shall have the following screenings:(a)
Initial health;(b)
Ectoparasite; and(c)
Mental health.(3)
A juvenile may have a drug and alcohol screening.(4)
Absent exigent circumstances, screenings shall be conducted by same gendered staff.(5)
Mental Health Screening. Mental health screening shall be completed by staff trained in use of the screening instrument. If a juvenile is determined to have mental health needs, the facility health authority shall make the determination of need and make contact as appropriate with a mental health provider for a mental health assessment. The mental health screening shall be completed within twenty-four (24) hours of admission.Section 4.
Risk Assessment Screening. After the initial detention hearing, a juvenile ordered detained in a state-operated detention facility shall be screened using the detention risk assessment instrument to determine eligibility for the alternative detention program,Section 5.
Human Trafficking Screening. A human trafficking screening shall be conducted for a juvenile following completion of the Individual Treatment Plan but no later than thirty (30) days after admission.Section 6.
PREA Screening. The PREA vulnerability assessment shall be completed during intake.Section 7.
Security Threat Group Screening. An STG screening shall be completed during intake.Section 8.
Orientation in Juvenile Detention Centers, YDCs, and Group Homes.(1)
A juvenile shall receive orientation in their own language. Material shall either be written or interpreted to ensure understanding of the juvenile's rights and the facility's rules, including grievance procedures, discipline and penalties, and how to access medical and mental health services.(2)
Within twenty-four (24) hours of admission, facility staff shall provide a written handbook of rules and discuss them with the juvenile. If the juvenile handbook is provided electronically, juveniles in isolation shall be provided the information in a written format so that their access to the information is not impeded by their custody status. Receipt of the handbook shall be documented by a statement signed and dated by the juvenile and staff. Staff shall assist the juvenile in understanding the material if a literacy, hearing, or visual impairment issue exists and shall provide interpretation if needed. The orientation information letter to the parent or caregiver shall be in the language of the parent or caregiver if a language barrier exists.(3)
A juvenile shall be provided personal hygiene instruction, personal hygiene products, and a shower upon admission.(4)
A juvenile shall be provided a complete set of clean clothing at admission and daily thereafter, including underwear and socks.(5)
A juvenile shall receive clean, laundered linens.(6)
A juvenile shall be assigned to and given a brief tour of the housing unit.(7)
A juvenile shall receive assistance in notifying the juvenile's family of their admission, registered number, if applicable, and procedures for mail and visiting.(8)
Completion of orientation shall be documented by a signed and dated statement by the juvenile.Section 9.
Orientation Treatment Plan in Group Homes and YDCs. A juvenile's Orientation Treatment Plan shall be written within seven (7) days of admission.(1)
(2)
HISTORY: (29 Ky.R. 853; 1268; eff. 11-12-2002; 30 Ky.R. 429; eff. 10-31-2003; 429; 1826; eff. 3-18-2004; 32 Ky.R. 536; 1126; eff. 2-3-2006; 41 Ky.R. 472; 1057; eff. 12-5-2014; 42 Ky.R. 521; 1563; eff. 1-4-2016; 45 Ky.R. 1818, 2663; eff. 4-5-2019; 50 Ky.R. 170; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 19, 2023
FILED WITH LRC: May 19, 2023 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023, at 9:00 a.m. at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for intake and orientation of a juvenile in a department or contracted detention center, youth development center, or group home.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 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.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation provides guidance concerning intake and orientation of juveniles.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This administrative regulation sets intake and orientation requirements in the regulation and deletes the policy manual involving these topics and others from incorporation by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment provides the intake and orientation requirements in the regulation for easy reference.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 15A.305, 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.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides the intake and orientation requirements in the regulation for easy reference.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The facilities will need to comply with the intake and orientation requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The operational changes will assist in the effective and orderly management of the department.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.