Title 505 | Chapter 001 | Regulation 390
SUPERSEDED
This document is no longer current.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(New Administrative Regulation)
505 KAR 1:390.Juvenile accounts and youth activity fund account.
Section 1.
Juvenile Accounts for Juvenile Detention Centers, Youth Development Centers, and Group Homes.(1)
A juvenile may have a personal financial account. The personal account shall be maintained by the DJJ facility in an account at a local bank or other financial depository. A juvenile's individual funds received from allowance, work detail, work release, and money sent to a juvenile from outside the facility shall be deposited in the juvenile's account. If any interest is earned from the bank on the account, it shall become part of the Youth Activity Fund account and used for the benefit of the juveniles.(2)
A juvenile may request a statement of deposits and expenditures for the juvenile's individual account on a periodic basis.(3)
If a juvenile has sufficient funds in the juvenile's personal account to meet the minimum deposit requirements for the outside bank at which the youth activity fund account is maintained, the juvenile may open an interest-bearing personal account at the bank. The parent or guardian of the juvenile shall be responsible for opening and maintaining the bank account for the juvenile. A juvenile shall be given notice when his or her funds are sufficient to permit the juvenile to establish a personal account.Section 2.
Youth Activity Fund Account.(1)
Each facility operated by the department shall establish an account with a local bank or other financial depository. This account shall be called the youth activity fund account. The facility shall deposit all funds earned through work projects, sales of articles produced by juveniles, and private donations received by a facility into the youth activity fund account. The funds shall be used for the benefit of the juveniles in general.(2)
The facility shall maintain an adequate accounting system to ensure an accurate accounting of the funds deposited in the youth activities fund account.Section 3.
Trustees and Management.(1)
The superintendent shall serve as primary trustee of the facility's youth activity fund account. The facility's office coordinator shall be the secondary trustee. The superintendent may designate a third trustee. The final trustee shall be the non-governmental accounts contact person in the fiscal branch.(2)
All checks written from the activity fund account shall require signatures from two (2) trustees.(3)
Bank statements for each account shall be reconciled monthly.(4)
The facility shall maintain a ledger for the youth activity funds. The ledger shall record receipts, disbursements, and maintain a positive balance.(5)
All disbursements of the fund shall be covered by a sufficient balance in the account at the time of expending or obligating. All disbursements from the account shall be properly documented with a receipt or invoice and have two-party verification. Disbursements shall not be made in cash.(6)
The youth activity account fund shall not be used for disbursements for items or services for staff.(7)
If for any reason the facility or program discontinues operation or discontinues the youth activity fund, the assets of the fund shall be frozen with no new activity obligations. Any remaining balance shall be assigned to the youth activity fund at another facility or program.VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 3:59 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 requirements for the youth activity fund for department facilities and juvenile personal funds accounts for juvenile detention centers, youth development centers, and group homes.
(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, 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 staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(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:
Staff will be trained on youth activity fund and youth account procedures. Juveniles and their families will be informed of youth activity funds and youth account procedures.
(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 the department and its facilities.
(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, 15A.305, 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 for the purchase of equipment and provision of training is not anticipated.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Juvenile Justice
(New Administrative Regulation)
505 KAR 1:390.Juvenile accounts and youth activity fund account.
Section 1.
Juvenile Accounts for Juvenile Detention Centers, Youth Development Centers, and Group Homes.(1)
A juvenile may have a personal financial account. The personal account shall be maintained by the DJJ facility in an account at a local bank or other financial depository. A juvenile's individual funds received from allowance, work detail, work release, and money sent to a juvenile from outside the facility shall be deposited in the juvenile's account. If any interest is earned from the bank on the account, it shall become part of the Youth Activity Fund account and used for the benefit of the juveniles.(2)
A juvenile may request a statement of deposits and expenditures for the juvenile's individual account on a periodic basis.(3)
If a juvenile has sufficient funds in the juvenile's personal account to meet the minimum deposit requirements for the outside bank at which the youth activity fund account is maintained, the juvenile may open an interest-bearing personal account at the bank. The parent or guardian of the juvenile shall be responsible for opening and maintaining the bank account for the juvenile. A juvenile shall be given notice when his or her funds are sufficient to permit the juvenile to establish a personal account.Section 2.
Youth Activity Fund Account.(1)
Each facility operated by the department shall establish an account with a local bank or other financial depository. This account shall be called the youth activity fund account. The facility shall deposit all funds earned through work projects, sales of articles produced by juveniles, and private donations received by a facility into the youth activity fund account. The funds shall be used for the benefit of the juveniles in general.(2)
The facility shall maintain an adequate accounting system to ensure an accurate accounting of the funds deposited in the youth activities fund account.Section 3.
Trustees and Management.(1)
The superintendent shall serve as primary trustee of the facility's youth activity fund account. The facility's office coordinator shall be the secondary trustee. The superintendent may designate a third trustee. The final trustee shall be the non-governmental accounts contact person in the fiscal branch.(2)
All checks written from the activity fund account shall require signatures from two (2) trustees.(3)
Bank statements for each account shall be reconciled monthly.(4)
The facility shall maintain a ledger for the youth activity funds. The ledger shall record receipts, disbursements, and maintain a positive balance.(5)
All disbursements of the fund shall be covered by a sufficient balance in the account at the time of expending or obligating. All disbursements from the account shall be properly documented with a receipt or invoice and have two-party verification. Disbursements shall not be made in cash.(6)
The youth activity account fund shall not be used for disbursements for items or services for staff.(7)
If for any reason the facility or program discontinues operation or discontinues the youth activity fund, the assets of the fund shall be frozen with no new activity obligations. Any remaining balance shall be assigned to the youth activity fund at another facility or program.VICKI REED, Commissioner
APPROVED BY AGENCY: May 15, 2023
FILED WITH LRC: May 15, 2023 at 3:59 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 requirements for the youth activity fund for department facilities and juvenile personal funds accounts for juvenile detention centers, youth development centers, and group homes.
(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, 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 staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(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:
Staff will be trained on youth activity fund and youth account procedures. Juveniles and their families will be informed of youth activity funds and youth account procedures.
(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 the department and its facilities.
(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, 15A.305, 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 for the purchase of equipment and provision of training is not anticipated.