505 KAR 1:060. Local juvenile delinquency
prevention councils: operation and duties.
RELATES TO: KRS 15A.300
STATUTORY AUTHORITY: KRS 15A.300(7)(b),
(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
15A.300 requires the Department of Juvenile Justice to promulgate administrative
regulations that relate to the formation, operation and duties of local
juvenile delinquency prevention councils, as well as the administration and
operation of the grant programs operated in conjunction with the local juvenile
delinquency prevention councils. This administrative regulation relates to the
operation and duties of these councils.
Section 1. The Operation of Councils. (1)
Each council shall submit proposed by-laws to the commissioner for review and approval.
The by-laws shall:
(a) Create offices and committees as the
council deems necessary;
(b) Specify the qualifications, method of
selection, and term for each office created; and
(c) Comply with state laws and local
ordinances.
(2) The council shall meet at least four
(4) times each calendar year.
(3) Meetings shall be open to the public
and the council shall be subject to open meetings and open records laws.
(4) Minutes shall be taken at council
meetings, and shall be forwarded to the commissioner within thirty (30) days of
the meeting date.
(5) Each council shall submit the
following to the commissioner:
(a) The resource identification and needs
assessment and comprehensive plan, as required by Section 2 of this
administrative regulation;
(b) By September 1 of each year, an
annual report to include a review of the status of the comprehensive plan and
the activities of the council for the prior fiscal year, as provided in Section
2 of this administrative regulation.
Section 2. Duties of Councils. (1) Each
council shall:
(a) Conduct a resource identification and
needs assessment every four (4) years. The assessment shall include the
collection and analysis of data and a comprehensive review of services available
to the community in order to identify local community strengths and needs. The
analysis shall identify and discuss barriers to accessing services. The
resource identification and needs assessment shall address the following areas:
1. The existence of or need for
alternatives to secure detention;
2. The risk and protective factors
evident in the local community;
3. The impact of gangs on the local
community;
4. Educational and school related needs;
5. Gender specific services available for
the prevention and treatment of delinquency;
6. Community safety needs;
7. Substance abuse education and
treatment needs;
8. Mental health services needs;
9. Early childhood prevention programs;
and
10. Overrepresentation of minority youth
in the juvenile justice system.
(b) Develop a comprehensive plan based upon
the resource identification and needs assessment conducted under this subsection
in order to capitalize on the local community strengths identified, and to
address the needs and service gaps identified. The following information shall
be included in the comprehensive plan for each identified need:
1. A statement of the identified need;
2. A proposed plan of action to address
the identified need;
3. Expected outcomes; and
4. Technical assistance needed to
accomplish the proposed plan.
(2) If a newly certified council is a
previously existing group that already has a comprehensive plan, the council
may submit the existing plan to the commissioner for review. If the
commissioner determines that the existing plan adequately addresses delinquency
and prevention issues, and that it provides clear goals, action plans, and
measurable outcomes, the commissioner shall approve the existing plan, even
though the plan does not meet the specific requirements established in
subsection (1) of this section. A council submitting a plan for review under
this paragraph shall also submit a status report that includes a proposed
budget and funding sources for programs or plan elements already in operation.
The planning cycle for an alternative plan approved by the commissioner under
this subsection shall not exceed four (4) years from the time of its initial
adoption by the council. Subsequent plans submitted by a council initially
operating under an alternative plan shall meet the requirements established in
subsection (1) of this section.
(3) If the commissioner determines that
it is in the best interest of the local community, he may authorize a council,
in its first year of operation, to conduct an abbreviated resource
identification and needs assessment and to file a plan covering less than four
(4) years. A council that receives written authorization to conduct an
abbreviated assessment or file a plan covering less than four (4) years shall
be eligible to apply for and receive grant funding in accordance with subsection
(4) of this section.
(4) A council shall not be eligible to
apply for or receive grant funding from the department until the resource
identification and needs assessment and four (4) year plan or alternative plan
has been filed with and approved by the commissioner. For the remaining three
(3) years of each planning cycle, the council shall file an annual report with
the commissioner, which shall include:
(a) A summary of the status of each plan
of action identified in the comprehensive plan;
(b) Comprehensive plan revisions; and
(c) Technical assistance necessary to
accomplish the goals established in the comprehensive plan.
(5) Councils shall enter into written
local interagency agreements as specified in KRS 15A.300(3)(b). Copies of these
agreements shall be included as a part of the comprehensive plan.
(6) A council may apply for and receive
public or private grants in accordance with KRS 15A.300(3)(d).
(7) Councils shall foster the sharing of
information in accordance with KRS 15A.300(3)(c).
(8) Councils shall provide a forum as
specified in KRS 15A.300(3)(e). (25 Ky.R. 1488; Am. 1875; eff. 2-18-99; 30
Ky.R. 425; 865; eff. 10-31-2003.)
