Kentucky
General Assembly

02/07/23	introduced in House to Committee on Committees (H)
02/09/23	to Judiciary (H)
02/15/23	reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/16/23	2nd reading, to Rules recommitted to Appropriations & Revenue (H) floor amendments (1) and (2) filed to Committee Substitute
02/21/23	floor amendments (3), (4), (5) and (6) filed to Committee Substitute
02/24/23	floor amendment (7) filed to Committee Substitute
02/28/23	reported favorably, to Rules with Committee Substitute (2) taken from Rules placed in the Orders of the Day floor amendments (8), (9), (10), (11) and (12) filed to Committee Substitute (2) 3rd reading, passed 79-18 with Committee Substitute (2)
03/01/23	received in Senate to Committee on Committees (S)
03/03/23	to Appropriations & Revenue (S)
03/07/23	taken from Appropriations & Revenue (S) 1st reading returned to Appropriations & Revenue (S)
03/08/23	taken from Appropriations & Revenue (S) 2nd reading returned to Appropriations & Revenue (S)
03/13/23	reported favorably, to Rules with Committee Substitute (1) floor amendment (1) filed to Committee Substitute
03/14/23	posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2023 3rd reading Floor Amendment (1) defeated passed 29-7 with Committee Substitute (1)
03/15/23	received in House to Rules (H) taken from Rules posted for passage for concurrence in Senate Committee Substitute (1)
03/16/23	House concurred in Senate Committee Substitute (1) passed 76-16 enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
03/27/23	signed by Governor (Acts Ch. 105)

Amendment	House Committee Substitute 1
Fiscal Impact Statements	Corrections Impact to House Committee Substitute 1 Fiscal Note to House Committee Substitute 1 Local Mandate to House Committee Substitute 1
Summary	Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined for cognitive behavioral issues and substance use disorder and require the Justice and Public Safety Cabinet to contract with a qualified mental health professional to provide any recommended treatment; remove limit on funding source; change appropriation amount from $8,900,000 to $8,950,700; APPROPRIATION.
Index Headings	Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, no confidentiality requirement Corrections Impact - Violent felony offenses by minors, detention, no confidentiality requirement Local Mandate - Violent felony offenses by minors, detention, no confidentiality requirement Fiscal Note - Jefferson County Youth Detention Center, renovation

Amendment	House Committee Substitute 2
Fiscal Impact Statements	Corrections Impact to House Committee Substitute 2 Local Mandate to House Committee Substitute 2
Summary	Retain original provisions, except require court review of FAIR team inaction to be on the record; mandate that an intentional violation of a court order for parental cooperation is a violation of KRS 530.070(1)(c); require children mandatorily detained to be examined to determine if the child could benefit from cognitive behavioral therapy, other evidence-based behavioral health programs, or substance use disorder treatment; require the Justice and Public Safety Cabinet to contract with a qualified mental health professional and a behavioral health services organization to provide any recommended treatment; provide that restorative practices may be utilized for children who have been found guilty of a crime; provide that communications between the child and provider are privileged; provide that the mandatory detention provision shall not apply to children ten and younger; require records to be made public for three years for children who have admitted to or been adjudicated for a crime under KRS 532.200 and allow automatic sealing of records if there are no additional public offenses within that period; define "admission"; remove limit on funding source; change appropriation amount from $8,900,000 to $17,100,000, if deeded to Commonwealth prior to July 1 , 2023; provide that renovated center shall be owned by the Commonwealth; mandate that the Cabinet for Health and Family Services shall provide youth in detention with Medicaid benefits; add appropriation for increased transportation costs to the Department of Juvenile Justice; add appropriation for additional staffing needs at juvenile detention centers; add appropriation for renovation of Jefferson Regional Youth Detention Center at Lyndon; APPROPRIATION.
Index Headings	Children and Minors - Violent felony offenses, detention, no confidentiality requirement Corrections Impact - Violent felony offenses by minors, detention, no confidentiality requirement Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Local Mandate - Violent felony offenses, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements

Amendment	House Floor Amendment 1
Sponsor	K. Moser
Summary	Require the Justice and Public Safety Cabinet to contract with at least one behavioral health services organization that is accredited and qualified to provide behavioral health treatment, including restorative practices to provide treatment to detained children; to establish that communication between a detained child and qualified mental health professional or a behavioral health service provider shall be privileged under the Kentucky Rules of Evidence.
Index Headings	Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, confidentiality requirement

Amendment	House Floor Amendment 2
Sponsor	K. Moser
Summary	Direct the Cabinet for Health and Family Services to provide Medicaid benefits to youth in juvenile detention to the extent permitted by the federal Centers for Medicare and Medicaid Services.
Index Headings	Public Medical Assistance - Medicaid benefits for youth in juvenile detention Medicaid - Medicaid benefits for youth in juvenile detention Children and Minors - Medicaid benefits for youth in juvenile detention

Amendment	House Floor Amendment 3
Sponsor	N. Kulkarni
Summary	Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years and replace it with provision that provides confidentiality does not apply to records of public offense actions defined in KRS 600.020 resulting in adjudication or to law enforcement agencies for background checks.
Index Headings	Crimes and Punishments - Violent felony offenses by minors, no confidentiality requirement Firearms and Weapons - Background checks for purchase of firearms, no confidentiality requirement Peace Officers and Law Enforcement - Background checks for purchase of firearms, no confidentiality requirement

Amendment	House Floor Amendment 4
Sponsor	N. Kulkarni
Summary	Retain original provisions; provide that children accused of committing a public offense that would be a violent felony offense if they were an adult may be detained, instead of shall.
Index Headings	Children and Minors - Violent felony offense by minors, detention optional Crimes and Punishments - Violent felony offenses by minors, detention optional

Amendment	House Floor Amendment 5
Sponsor	N. Kulkarni
Summary	Retain original provisions; any other evidence-based mental health treatment as the required treatment to be provided to juveniles in detention.
Index Headings	Children and Minors - Treatment for minors, detention Crimes and Punishments - Treatment for minors, detention

Amendment	House Floor Amendment 6
Sponsor	N. Kulkarni
Summary	Retain original provisions; provide that a report by the FAIR team and finding by a court designated worker for lack of parental cooperation must be for willful noncompliance.
Index Headings	Courts, District - Referral for truancy cases, court designated worker Courts, Family - Referral for truancy cases, court designated worker

Amendment	House Floor Amendment 7
Sponsor	A. Tackett Laferty
Summary	Retain original provisions; mandate that the Department of Juvenile Justice develop and submit a plan to the Kentucky General Assembly for the construction of a regional juvenile detention center in Pike or Floyd County, Kentucky.
Index Headings	State Agencies - Department of Juvenile Justice, construction plan

Amendment	House Floor Amendment 8
Sponsor	L. Burke
Summary	Retain original provisions; provide that a report by the FAIR team and finding by a court designated worker for lack of parental cooperation must be for willful noncompliance.
Index Headings	Courts, District - Referral for truancy cases, court designated worker Courts, Family - Referral for truancy cases, court designated worker

Amendment	House Floor Amendment 9
Sponsor	A. Gentry
Summary	Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years.
Index Headings	Crimes and Punishments - Offenses by minors, confidentiality

Amendment	House Floor Amendment 10
Sponsor	N. Kulkarni
Summary	Retain original provisions; provide that children accused of committing a public offense that would be a violent felony offense if they were an adult may be detained, instead of shall.
Index Headings	Crimes and Punishments - Violent felony offenses by minors, detention optional Children and Minors - Violent felony offense by minors, detention optional

Amendment	House Floor Amendment 11
Sponsor	K. Herron
Summary	Retain original provisions; remove provision that provided that confidentiality does not apply to cases in which a child has admitted to or been adjudicated for a violent felony offense for five years and replace it with provision that provides confidentiality does not apply to records of public offense actions defined in KRS 600.020 resulting in adjudication or to law enforcement agencies for background checks.
Index Headings	Crimes and Punishments - Violent felony offenses by minors, no confidentiality requirement Firearms and Weapons - Background checks for purchase of firearms, no confidentiality requirement Peace Officers and Law Enforcement - Background checks for purchase of firearms, no confidentiality requirement

Amendment	House Floor Amendment 12
Sponsor	A. Tackett Laferty
Summary	Retain original provisions; mandate that the Department of Juvenile Justice develop and submit a plan to the Kentucky General Assembly for the construction of a regional juvenile detention center in Pike or Floyd County, Kentucky.
Index Headings	State Agencies - Department of Juvenile Justice, construction plan

Amendment	Senate Committee Substitute 1
Fiscal Impact Statement	Fiscal Note to Senate Committee Substitute 1
Summary	Retain original provisions; require a court-designated worker or court-designated specialist to contact the school district of any child entering into a diversion agreement, to obtain specified information; require court-designated specialists to make all details of diversion agreements available electronically to members of the FAIR team, on a platform to be provided by AOC; allow the FAIR team to refer cases to the cabinet, for dependency, neglect, or abuse investigations; delay mandatory detention provision to July 1, 2024; allow children in detention visitation from nonprofit or community organizations to connect them with resources; require children detained or committed post-adjudication to be assessed and provided any recommended treatment; establish that treatment provided by DJJ may be through a contract; amend appropriation amounts; remove appropriation for transporation needs; remove appropriation for staffing needs; APPROPRIATION.
Index Headings	Courts - Electronic platform, provided by AOC, requirement Courts, District - Diversion for minors, order requiring parental cooperation Courts, District - Referral for truancy cases, court-designated worker Crimes and Punishments - Violent felony offenses by minors, detention, no confidentiality requirement Education, Elementary and Secondary - School districts, information provided, requirement Courts, Family - Diversion for minors, order requiring parental cooperation Courts, Family - Referral for truancy cases, court-designated worker Appropriations - Jefferson County Youth Detention Center, renovation Children and Minors - Cabinet for Health and Family Services referrals, FAIR teams Children and Minors - Court referral for truancy cases, court-designated worker Children and Minors - Probation violations, probationary period, requirements Children and Minors - Violent felony offenses, detention, no confidentiality requirement Fiscal Note - Diversion for minors

Amendment	Senate Floor Amendment 1
Sponsor	G. Neal
Summary	Retain original provisions; require officers to notify the court designated worker and District Judge when they take a child into custody pursuant to the Act; require court designated worker to refer complaints to the county attorney; require the District Judge to decide whether to further detain the child or release the child to the court designated worker.
Index Headings	Courts, District - Detained children, Distict Judge, notification Peace Officers and Law Enforcement - Detained children, court designated worker, notification