610.030 Preliminary intake inquiry procedures -- Resulting actions -- Formal conference -- Diversion agreement

610.030 Preliminary intake inquiry procedures -- Resulting actions -- Formal

conference -- Diversion agreement.

Except as otherwise provided in KRS Chapters 600 to 645:

(1) If any person files a complaint alleging that a child, except a child alleged to be

neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the

court, may be within the purview of KRS Chapters 600 to 645, the court-designated

worker shall make a preliminary determination as to whether the complaint is

complete. In any case where the court-designated worker finds that the complaint is

incomplete, the court-designated worker shall return the complaint without delay to

the person or agency originating the complaint or having knowledge of the facts, or

to the appropriate law enforcement agency having investigative jurisdiction of the

offense, and request additional information in order to complete the complaint. The

complainant shall promptly furnish the additional information requested;

(2) (a) Upon receipt of a complaint which appears to be complete and which alleges

that a child has committed a public offense, the court-designated worker shall

refer the complaint to the county attorney for review pursuant to KRS

635.010.

(b) If after review the county attorney elects to proceed, the court-designated

worker shall conduct a preliminary intake inquiry to recommend whether the

interests of the child or the public require that further action be taken or

whether, in the interest of justice, the complaint can be resolved informally

without the filing of a petition;

(3) Upon receipt of a complaint that appears to be complete and that alleges that the

child has committed a status offense, the court-designated worker shall conduct a

preliminary intake inquiry to determine whether the interests of the child or the

public require that further action be taken;

(4) Prior to conducting a preliminary intake inquiry, the court-designated worker shall

notify the child and the child's parent, guardian, or other person exercising custodial

control or supervision of the child in writing:

(a) Of their opportunity to be present at the preliminary intake inquiry;

(b) That they may have counsel present during the preliminary intake inquiry as

well as the formal conference thereafter;

(c) 1. That all information supplied by the child to a court-designated worker

during any process prior to the filing of the petition shall be deemed

confidential and shall not be subject to subpoena or to disclosure

without the written consent of the child.

2. Information may be shared between treatment providers, the court-

designated worker, and the family accountability, intervention, and

response team to enable the court-designated worker to facilitate

services and facilitate compliance with the diversion agreement; and

(d) That the child has the right to deny the allegation and demand a formal court

hearing;

(5) The preliminary intake inquiry shall include the administration of an evidence-

based screening tool and, if appropriate and available, a validated risk and needs

assessment, in order to identify whether the child and his or her family are in need

of services and the level of intervention needed;

(6) (a) Upon the completion of the preliminary intake inquiry for a minor who is

alleged to be a status offender under KRS 630.020(3) and is alleged to have

been absent without excuse for fifteen (15) or more days during a school year,

the court-designated worker shall refer the complaint to the county attorney.

The county attorney shall then refer the complaint:

1. For formal court action; or

2. To be handled under subsection (8) of this section.

uiry for a minor who is

alleged to be a status offender under KRS 630.020(3) and is alleged to have

been absent without excuse for fifteen (15) or more days during a school year,

the court-designated worker shall refer the complaint to the county attorney.

The county attorney shall then refer the complaint:

1. For formal court action; or

2. To be handled under subsection (8) of this section.

(b) Upon the completion of the preliminary intake inquiry for all other

allegations, the court-designated worker may:

1. If the complaint alleges a status offense, determine that no further action

be taken subject to review by the family accountability, intervention,

and response team;

2. If the complaint alleges a public offense, refer the complaint to the

county attorney;

3. Refer a public offense complaint for informal adjustment; or

4. Based upon the results of the preliminary intake inquiry, other

information obtained, and a determination that the interests of the child

and the public would be better served, and with the written approval of

the county attorney for a public offense complaint, if necessary, conduct

a formal conference and enter into a diversion agreement;

(7) Upon receiving written approval of the county attorney, if necessary, to divert a

public offense complaint, and prior to conducting a formal conference, the court-

designated worker shall advise in writing the complainant, the victim if any, and the

law enforcement agency having investigative jurisdiction of the offense:

(a) Of the recommendation and the reasons therefor and that the complainant,

victim, or law enforcement agency may submit within ten (10) days from

receipt of such notice a complaint to the county attorney for special review; or

(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact

that the child was statutorily entitled to divert the case;

(8) A formal conference shall include the child and his or her parent, guardian, or other

person exercising custodial control or supervision. The formal conference shall be

used to:

(a) Present information obtained at the preliminary intake inquiry; and

(b) 1. Develop a diversion agreement that shall:

a. i. Require that the child regularly attend school; and

ii. For a child against whom a complaint alleging truancy has

been filed, require that if the child is absent from school

without excuse for four (4) days during a diversion

agreement, the child shall immediately be considered to have

failed to complete the diversion agreement and subsection

(9)(b)3. of this section shall immediately apply; and

b. Not exceed twelve (12) months in duration, and may include:

i. Referral of the child, and family if appropriate, to a public or

private entity or person for the provision of identified

services to address the complaint or assessed needs;

ii. Referral of the child, and family if appropriate, to a

community service program within the limitations provided

under KRS 635.080(2);

iii. Restitution, limited to the actual pecuniary loss suffered by

the victim, if the child has the means or ability to make

restitution;

iv. Notification that the court-designated worker may apply

graduated sanctions for failure to comply with the diversion

agreement;

v. Any other program or effort which reasonably benefits the

community and the child; and

vi. A plan for monitoring the child's progress and completion of

the agreement.

2. Prior to developing the diversion agreement, the court-designated

worker or court-designated specialist shall contact the school district

that the child attends to obtain background information from school

personnel regarding family background, education records, any services

previously provided, and any recommended trauma informed strategies.

3. Upon developing a diversion agreement, the court-designated specialist

shall make all details of the agreement accessible to all members of the

ialist shall contact the school district

that the child attends to obtain background information from school

personnel regarding family background, education records, any services

previously provided, and any recommended trauma informed strategies.

3. Upon developing a diversion agreement, the court-designated specialist

shall make all details of the agreement accessible to all members of the

family, accountability, intervention, and response team through an

electronic platform provided by the Administrative Office of the Courts;

(9) (a) If a child successfully completes a diversion agreement, the underlying

complaint shall be dismissed and further action related to that complaint shall

be prohibited.

(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into

a diversion agreement, or fails to complete a diversion agreement, then:

1. For a public offense complaint, the matter shall be referred to the county

attorney for formal court action and, if a petition is filed, the child may

request that the court dismiss the complaint based upon his or her

substantial compliance with the terms of diversion;

2. For a status offense complaint, except as provided for in subparagraph 3.

of this paragraph, the court-designated worker shall refer the matter to

the family accountability, intervention, and response team for review

and further action; and

3. For a status offense complaint alleging truancy for which the child failed

diversion in accordance with subsection (8)(b)1.a.ii. of this section, the

matter shall immediately be referred to the county attorney for formal

court action.

(c) If the child enters into a diversion agreement or is referred to the family

accountability, intervention, and response team for truancy and there is no

action implemented by the family accountability, intervention, and response

team within thirty (30) days, the family accountability, intervention, and

response team shall report to the court the reasons for inaction and shall

provide a plan for action on the child's case. The court shall review on the

record any diversion agreement and any report, without the attendance or

appearance of the child, at regular intervals at the court's discretion to verify

family accountability, intervention, and response team member attendance,

team accountability, and performance.

(d) If a child fails to appear for a preliminary intake inquiry or fails to complete a

diversion agreement due to lack of parental cooperation, the court-designated

worker shall make a determination that the child failed to complete the

diversion due to lack of parent cooperation;

(10) If a complaint is referred to the court, the complaint and findings of the court-

designated worker's preliminary intake inquiry shall be submitted to the court for

the court to determine whether process should issue;

(11) If the court receives a report with a determination that the diversion is failed due to

lack of parental cooperation, the court may order parental cooperation and refer the

case back to the court-designated worker. The child shall not be detained upon this

finding; and

(12) At any stage in the proceedings described in this section, the court or the county

attorney may review any decision of the court-designated worker. The court upon

its own motion or upon written request of the county attorney may refer any

complaint for a formal hearing.