Title 505 | Chapter 001 | Regulation 180
PREVIOUS VERSION
The previous document that this document is based upon is available.
505 KAR 1:180.Day treatment admissions.
Section 1.
General.(1)
A juvenile's admission to a day treatment program shall depend on the program's capacity.(2)
Prior to a juvenile being placed in a day treatment program, an assessment of the juvenile's individual needs shall be completed.(3)
The Department of Juvenile Justice shall provide services to juveniles in day treatment programs without discrimination on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.Section 2.
Eligibility Criteria for Day Treatment Admissions.(1)
Juveniles ages twelve (12) to seventeen (17) shall be eligible for admission consideration for a day treatment program. Juveniles aged eighteen (18) shall only be eligible for admission to a department day treatment program if they are committed to DJJ and have educational needs that can best be met in the day treatment setting.(2)
Admission priority shall be given to juveniles in the following order:(a)
DJJ committed or probated juveniles;(b)
Other juveniles adjudicated on public or status offenses;(c)
Juveniles who are court ordered;(d)
Juveniles referred by the FAIR Team;(e)
Juveniles referred by the Department of Community Based Services; and(f)
School-referred juveniles with severe behavioral issues in the school and in the community.Section 3.
Referral Process.(1)
The referring agent shall provide to the Superintendent or designee a written referral for the juvenile that includes the following information:(a)
Identifying information: name, address, date of birth, sex, and race or ethnic origin;(b)
Reason for referral, including presenting problems;(c)
Emergency contact information and date information was gathered;(d)
Name of referring agency or committing authority;(e)
Education and school history;(f)
Social history if applicable;(g)
Special medical problems or needs;(h)
Personal physician, if applicable;(i)
Legal status, including jurisdiction, length, and conditions of placement;(j)
Signature of both interviewee and employee gathering information;(k)
Needs assessment for a juvenile who is probated, committed, or sentenced to the department; and(l)
Any other information pertinent to the juvenile.(2)
A referral that does not include adequate information may be denied by the superintendent.(3)
The referring individual or agency shall be notified of a decision within two (2) weeks of the program receiving a complete referral packet. If the juvenile is not admitted, a written response shall be provided to the referring individual or agency with recommendations for other services or placement options.(4)
Upon written request from the respective juvenile, an explanation of the reason the juvenile was not accepted into the program shall be provided.Section 4.
Accommodations. A juvenile or caregiver may request an accommodation for a disability through any day treatment program staff. A day treatment program shall make accommodation for a juvenile with a disability. The day treatment program shall make appropriate referrals for care and treatment, if needed, and may provide connection to resources if a juvenile has a disability that manifests in behaviors that may present a threat to self or others. The program shall follow each child's Individual Education Plan and 504 Plan.Section 5.
Admission Revocation and Removal from Program. Once a juvenile has been admitted, the superintendent in consultation with the treatment team may revoke the admission approval and request the juvenile's removal from the program. The reason for removal shall be documented, and may include:(1)
Fighting or violent behavior;(2)
Chronic program disruption;(3)
Truancy or failure to attend; or(4)
Failure to make progress in the program including:(a)
Non-productivity;(b)
Not completing assigned work;(c)
Sleeping; or(d)
Other indicators of lack of progress in the educational program.HISTORY: (45 Ky.R. 1859, 2664; eff. 4-5-2019; 49 Ky.R. 2373; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 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 July 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 admissions requirements for department day treatment programs.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.067, 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, 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:
The regulation provides direction and information to department staff and juveniles concerning the day treatment admissions.
(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 day treatment program admission requirements in regulation and deletes the policy manual involving day treatment policies from incorporation by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment provides the day treatment program admission requirements in administrative 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 day treatment program admission 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 38 DJJ employees, 156 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 DJJ staff and juveniles will have to follow the requirements for the day treatment admissions.
(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 administrative regulation will assist in the effective and orderly management of day treatment admissions. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(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 and school district employees involved in a day treatment program
(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 1:180.Department of Juvenile Justice Policy and Procedures Manual: dayDay treatment admissionsservices.
Section 1.
General(1)
A juvenile's admission to a day treatment program shall depend on the program's capacity.(2)
Prior to a juvenile being placed in a day treatment program, an assessment of the juvenile's individual needs shall be completed.(3)
The Department of Juvenile Justice shall provide services to juveniles in day treatment programs without discrimination on the basis of race, color, sex, disability, age, national origin, religion, sexual orientation, gender identity, genetic information, political affiliation, or veteran status.Section 2.
Eligibility Criteria for Day Treatment Admissions.(1)
Juveniles ages twelve (12) to seventeen (17) shall be eligible for admission consideration for a day treatment program. Juveniles aged eighteen (18) shall only be eligible for admission to a department day treatment program if they are committed to DJJ and have educational needs that can best be met in the day treatment setting.(2)
Admission priority shall be given to juveniles in the following order:(a)
DJJ committed or probated juveniles;(b)
Other juveniles adjudicated on public or status offenses;(c)
Juveniles who are court ordered;(d)
Juveniles referred by the FAIR Team;(e)
Juveniles referred by the Department of Community Based Services; and(f)
School-referred juveniles with severe behavioral issues in the school and in the community.Section 3.
Referral Process.(1)
The referring agent shall provide to the Superintendent or designee a written referral for the juvenile that includes the following information:(a)
Identifying information: name, address, date of birth, sex, and race or ethnic origin;(b)
Reason for referral, including presenting problems;(c)
Emergency contact information and date information was gathered;(d)
Name of referring agency or committing authority;(e)
Education and school history;(f)
Social history if applicable;(g)
Special medical problems or needs;(h)
Personal physician, if applicable;(i)
Legal status, including jurisdiction, length, and conditions of placement;(j)
Signature of both interviewee and employee gathering information;(k)
Needs assessment for a juvenile who is probated, committed, or sentenced to the department; and(l)
Any other information pertinent to the juvenile.(2)
A referral that does not include adequate information may be denied by the superintendent.(3)
The referring individual or agency shall be notified of a decision within two (2) weeks of the program receiving a complete referral packet. If the juvenile is not admitted, a written response shall be provided to the referring individual or agency with recommendations for other services or placement options.(4)
Upon written request from the respective juvenile, an explanation of the reason the juvenile was not accepted into the program shall be provided.Section 4.
Accommodations. A juvenile or caregiver may request an accommodation for a disability through any day treatment program staff. A day treatment program shall make accommodation for a juvenile with a disability. The day treatment program shall make appropriate referrals for care and treatment, if needed, and may provide connection to resources if a juvenile has a disability that manifests in behaviors that may present a threat to self or others. The program shall follow each child's Individual Education Plan and 504 Plan.Section 5.
Admission Revocation and Removal from Program. Once a juvenile has been admitted, the superintendent in consultation with the treatment team may revoke the admission approval and request the juvenile's removal from the program. The reason for removal shall be documented, and may include:(1)
Fighting or violent behavior;(2)
Chronic program disruption;(3)
Truancy or failure to attend; or(4)
Failure to make progress in the program including:(a)
Non-productivity;(b)
Not completing assigned work;(c)
Sleeping; or(d)
Other indicators of lack of progress in the educational program.(2)
HISTORY: (45 Ky.R. 1859, 2664; eff. 4-5-2019; 49 Ky.R. 2373; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 21, 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 July 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 admissions requirements for department day treatment programs.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.067, 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, 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:
The regulation provides direction and information to department staff and juveniles concerning the day treatment admissions.
(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 day treatment program admission requirements in regulation and deletes the policy manual involving day treatment policies from incorporation by reference.
(b) The necessity of the amendment to this administrative regulation:
The amendment provides the day treatment program admission requirements in administrative 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 day treatment program admission 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 38 DJJ employees, 156 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 DJJ staff and juveniles will have to follow the requirements for the day treatment admissions.
(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 administrative regulation will assist in the effective and orderly management of day treatment admissions. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(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 and school district employees involved in a day treatment program
(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.