505 KAR 1:100. Department of Juvenile Justice Policies and Procedures: admissions

Link to law: http://www.lrc.ky.gov/kar/505/001/100reg.htm
Published: 2015

JUSTICE AND PUBLIC SAFETY CABINET

Department of Juvenile Justice

(Amended After Comments)

 

      505

KAR 1:100. Department of Juvenile Justice Policies and Procedures: admissions.

 

      RELATES

TO: KRS 15A.065, 15A.0652, 15A.067, 200.080-200.120, Chapters 600-645

      STATUTORY

AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.069, 15A.160, 200.115,

605.150, 635.095, 635.100(7), 640.120, 645.250

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.067, 15A.069,

15A.160, 15A.210, 15A.305(5), 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. This administrative regulation incorporates by reference

into regulatory form materials used by the Department of Juvenile Justice in

the implementation of a statewide juvenile services program.

 

      Section

1. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

The "Department of Juvenile Justice Policy and Procedures Manual:

Admissions", October 15[July 1], 2015[April

15, 2009], which includes the following:

200          Definitions[Classification](Amended

10/15/15[7/01/15][4/15/09]);

200.1       Classification

[Day Treatment Admissions] (Amended 10/15/15[7/01/15][1/15/09]);

201          Day

Treatment Admissions (Added 10/15/15[7/01/15]);

202          Youth

Placement Priority [Waiting List] (Amended 7/01/15[1/15/09]);

204          Daily

Census and Population (Amended 7/01/15[1/15/09]);

206          Administrative

Transfers (Amended 10/15/15[7/01/15][1/15/09]);

208          Youth

Rights [/Orientation] (Amended 7/01/15[1/15/09]);

209          Youth

Access to Outside Investigative Agencies (Amended 7/01/15[04/15/09]);

210          Interstate

Referrals (Amended 7/01/15[1/15/09]);

211          Interstate

Runaways, Escapees and Absconders (Amended 7/01/15[1/15/09]);

212          Interstate

Purchase of Care (Amended 7/01/15[1/15/09]);

213          Interstate

Travel (Amended 7/01/15[1/15/09]);

214          Interstate

Revocations and Case Closure (Amended 7/01/15[1/15/09]); and

217          Advanced

Care Unit Admissions and Release (Amended 7/01/15[01/15/09]);

and

      (b)

The "Classification and Placement Manual", Amended 10/15/15[7/01/15][05/12/09;

      (c)

The "Youth Level of Service/Case Management Inventory (YLS/CMI), User’s

Manual", 01/13/06;

      (d)

The "Child and Adolescent Service Intensity Instrument (CASII)", also

known as "Child and Adolescent Level of Care Utilization System

(CALOCUS)", 01/13/06;

      (e)

The "Estimate of Risk of Adolescence Sex Offense Recidivism

(ERASOR)", 01/13/06; and

      (f)

The "Juvenile Sex Offender Assessment Protocol (J-SOAP)", 01/13/06].

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Department of Juvenile Justice, Office of the

Commissioner, 1025 Capital Center Drive, Third Floor, Frankfort, Kentucky

40601, or at any department field office, Monday through Friday, 8 a.m. to 4:30

p.m.

 

BOB

D. HAYTER, Commissioner

      APPROVED

BY AGENCY: October 15, 2015

      FILED

WITH LRC: October 15, 2015 at 11 a.m.

      CONTACT

PERSON: LaDonna Koebel, Assistant General Counsel, Department of Juvenile

Justice, 1025 Capital Center Drive, Frankfort, Kentucky 40601, phone (502)

573-2738, fax (502) 573-0836.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact

Person: LaDonna Koebel

      (1)

Provide a brief summary of:

      (a)

What this administrative regulation does: This regulation incorporates by

reference the policies and procedures governing the operation of the Department

of Juvenile Justice including the classification and placement of juveniles

committed to the Department.

      (b)

The necessity of this administrative regulation: To conform to the requirements

of SB 200 "2014" and the amendments to the Unified Juvenile Code as

well as KRS 15A.065, 15A.0652 and 15A.069.

      (c)

How this administrative regulation conforms to the content of the authorizing

statutes: The regulation governs the management, policy and coordination of all

matters relating to the classification, evaluation, and placement of juvenile

committed to or detained by the Department of Juvenile Justice.

      (d)

How this administrative regulation currently assists or will assist in the

effective administration of the statutes: By providing clear and concise

direction and information to the Department of Juvenile Justice employees and

the residential as to the classification, placement and transportation of

youth.

      (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: The

amendment shall bring the Department of Juvenile Justice into compliance with

statutory amendments to the Unified Juvenile Code as established through SB 200

"2014".

      (b)

The necessity of the amendment to this administrative regulation: To conform to

the requirements of KRS 15A.065, 15A.0652 and 15A.069.

      (c)

How the amendment conforms to the content of the authorizing statues: The

amendments establish and amend practices and procedures relating to the

classification, evaluations, and placement of juveniles committed to the

Department of Juvenile Justice.

      (d)

How the amendment will assist in the effective administration of the statues: The

amendment will help the Department of Juvenile Justice classify and place youth

within the new statutory mandates under SB 200 and KRS 635.060 [effective July

1, 2015].

      (3)

List the type and number of individuals, businesses, organizations, or state

and local governments affected by this administrative regulation: Approximately

1,400 employees of the Department in community and residential settings,

approximately 2,267 youth in all programs, and all visitors and volunteers to

Department of Juvenile Justice facilities

      (4)

Provide analysis of how the entities identified in question (3) will be

impacted by the implementation of this administrative regulation, if new, or by

the change if it is an amendment, including: To ensure youth are placed in the

least restrictive placement based on their assessed risk and treatment needs,

and to provide a clearer understanding of the policies and procedures by

employees and residents regarding the classification, placement, and timeframes

for commitment and out of home treatment.

      (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: Community

staff will administer a risk and needs assessment on all adjudicated youth,

residential staff and the community will have a clear understanding of the

classification and placement of youth in the least restrictive placement based

on their treatment needs and level risk to reoffend which is commensurate with

the severity of the committing offense.

      (b)

In complying with this administrative regulation or amendment, how much will it

cost each of the entities identified in question (3): Estimated costs to the

Department of Juvenile Justice to implement all policy revisions to come into

compliance with the provisions of SB 200 "2014" are estimated as

follows: Salaries & Staffing Costs: Approximately $847,591.00. Training

Costs: Approximately $300,000.00. Validation of Risk Assessment tools: Approximately

$250,000.00. CourtNet Access to AOC data to complete risk assessments: $28,200.00.

Approximate Total Estimated Costs: $1,425,791.00.

      (c)

As a result of compliance, what benefits will accrue to the entities identified

in question (3): Youth who are committed to the Department of Juvenile Justice

will remain in placement and commitment to the Department for shorter periods

of time and in the least restrictive placement which can meet their treatment

needs consistent with the severity of their committing offense. The benefit to

the revised classification and placement is to reduce the length of stay in out

of home placements for youth, reduce the costs of out of home placements by the

Department, and reduce recidivism by returning lower level offending youth to

the community sooner. A child who is adjudicated for an offense that would be a

misdemeanor if committed by an adult, other than an offense for which a child

has been declared a juvenile sex offender or an offense involving a deadly

weapon may only be committed for a period not to exceed twelve (12) months, and

may only receive treatment in an out of home placement for up to four (4)

months [unless treatment needs require additional treatment in an out of home

setting, not to exceed the maximum length of commitment]. A child who is

adjudicated for an offense that would be a Class D felony if committed by an

adult, other than an offense for which a child has been declared a juvenile sex

offender or an offense involving a deadly weapon may only be committed for a

period not to exceed eighteen (18) months, and may only receive treatment in an

out of home placement for up to eight (8) months [unless treatment needs require

additional treatment in an out of home setting, not to exceed the maximum

length of commitment].

      (5)

Provide an estimate of how much it will cost the administrative body to

implement this administrative regulation:

      (a)

Initially: Approximately $1,425,791.00

      (b)

On a continuing basis: $925,791.00

      (6)

What is the source of funding to be used for the implementation and enforcement

of this administrative regulation: Department of Juvenile Justice General Funds

and Restricted Funds if necessary.

      (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: No.

      (8)

State whether or not this administrative regulation establishes any fees or

directly or indirectly increases any fees: No.

      (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. Disparate treatment of

any person or entity subject to this administrative regulation could raise

questions of arbitrary action on the part of the agency. The "equal

protection" and "due process" clauses of the Fourteenth

Amendment of the U.S. Constitution may be implicated as well as the Sections 2

and 3 of the Kentucky Constitution.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (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? Response: 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. Response: KRS 15A.065(1),

KRS 15A.0652, KRS 15A.0654, KRS 15A.067, KRS 15A.069, KRS 600.040, KRS 605.080,

KRS 605.090, KRS 605.095, KRS 605.100, KRS 605.110, KRS 605.150, KRS 610.100,

KRS 635.095, KRS 635.100, KRS 635.060, KRS 635.520, KRS 640.120, KRS 645.250

      (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. The revised administrative

regulations will only impact the Department of Juvenile Justice. The

anticipated expenditures associated with implementing the provisions of SB 200 "2014"

and revisions to the Unified Juvenile Code are approximately $1,425,791.00 for

the first year and $925,791.00 annually thereafter.

      (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?

Response:

None

      (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?

Response:

None

      (c)

How much will it cost to administer this program for the first year? Response:

The anticipated expenditures associated with implementing the provisions of SB

200 "2014" and revisions to the Unified Juvenile Code are

approximately $1,425,791.00 for the first year and $925,791.00 annually thereafter.

      (d)

How much will it cost to administer this program for subsequent years? Response:

The anticipated expenditures associated with implementing the provisions of SB

200 "2014" and revisions to the Unified Juvenile Code are

approximately $1,425,791.00 for the first year and $925,791.00 annually

thereafter.

      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:
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