505 KAR 1:050. Local juvenile delinquency

prevention councils: formation procedure.

 

      RELATES TO: KRS 15A.300

      STATUTORY AUTHORITY: KRS 15A.300(7)(a)

      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 sets forth the

procedure for forming councils.

 

      Section 1. Council Membership. (1) A

council encompassing a city of the first class or an urban county government

shall include, in addition to those persons designated in KRS 15A.300(2):

      (a) The county judge executive or his

representative; or

      (b) The mayor or his representative.

      (2) Councils may include members

representing groups or individuals interested in juvenile delinquency and

prevention not specified in KRS 15A.300(2) or subsection (1) of this section,

including:

      (a) Juvenile justice agencies;

      (b) Religious organizations;

      (c) Fraternal organizations;

      (d) Nonprofit organizations;

      (e) Social service organizations involved

in juvenile crime prevention;

      (f) The business community;

      (g) Youth organizations;

      (h) Local government;

      (i) Mental health agencies; and

      (j) Interested citizens.

      (3) If the group seeking to establish or

certify a council represents more than one (1) county, proposed council

membership shall reflect representation from all participating counties.

Representation from each participating county in each mandatory area shall not

be required.

      (4)(a) Council membership shall not

exceed eighteen (18) members unless:

      1. The group seeking designation as a

council is an existing group with existing membership that exceeds eighteen

(18); or

      2. The group demonstrates that additional

members are needed to provide adequate representation of interested and

involved individuals and entities.

      (b) A group seeking to expand council

membership beyond eighteen (18) shall submit a letter to the commissioner

explaining why the membership should be expanded.

      (c) The commissioner shall:

      1. Grant a waiver if the group

demonstrates that additional members are needed to provide adequate

representation of interested and involved individuals and entities; and

      2. Submit a written decision to the

applicant group within thirty (30) days of initial application.

      (5)(a) The Juvenile Justice Advisory Board

may appoint one (1) or more of their members to serve as ex officio members of

a local council.

      (b) An ex officio member shall not be

included in determining the size of the council under subsection (4) of this section.

 

      Section 2. Council Formation, Approval

and Continuation. (1) Recommended names and addresses of individuals and

entities who have agreed to serve on the council shall be submitted to the

regional director.

      (2) The regional director shall verify

that the proposed council meets the representation requirements established by

KRS 15A.300(2) and this administrative regulation, and shall submit the

verified list of proposed council members to the commissioner for final approval.

      (3) The commissioner shall certify

approval of each council and its representatives. Individual council members

approved by the commissioner shall receive a commission designating the term of

appointment.

      (4) For a newly formed council, initial

appointments shall provide for staggered terms of two (2), three (3), or four

(4) years. Members appointed thereafter shall serve for a term to be recommended

by the council and approved by the commissioner, in accordance with KRS

15A.300(2). Appointments for elected officials shall expire if the term of

office for which the official was elected expires during the term of his

appointment to the council. For a newly formed council, the initial chairperson

shall be appointed by the commissioner for a term of two (2) years.

      (5) The recommendations for appointment

of new or existing individual council members after the initial certification

of the council shall be made by the membership of the council. The recommendations

shall include length of term. The recommendations shall be forwarded to the

commissioner for approval.

      (6) The chair shall be elected by the

council membership after the initial certification of the council. The chair

shall serve a term of two (2) years. (25 Ky.R. 1486; Am. 1874; eff. 2-18-99; 30

Ky.R. 424; 864; eff. 10-31-2003.)