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
(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,
(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
(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
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
(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
(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.)