(1) Standards for the employment of court-designated workers shall be set by the
Administrative Office of the Courts.
(2) If the Administrative Office of the Courts contracts with a public agency for the provision of the court-designated worker or workers, the contract shall specify that it is for the services, in part or in whole, of named personnel of that agency and no others. Personnel of a public agency under contract to the Administrative Office of the Courts selected as court-designated workers shall be selected in the manner set forth in the contract by and between the public agency and the Administrative Office of the Courts; shall be under the control of the Administrative Office of the Courts and the court to which they are assigned; and shall be subject to the same powers, duties, and restrictions as are court-designated workers employed by the Administrative Office of the Courts.
(3) Court-designated workers, whether employed by the Administrative Office of the Courts or by a public agency under contract to the Administrative Office of the Courts, may be disciplined or removed from the position of court-designated worker in the manner specified in the:
(a) Personnel policies for employees of the Administrative Office of the Courts or the personnel policies of the contract agencies as approved by the Administrative Office of the Courts; and
(b) Contract by and between the public agency and the Administrative Office of the Courts.
(4) The Administrative Office of the Courts shall not contract with private corporations, persons, or agencies for the services of court-designated workers.
(5) The Administrative Office of the Courts shall provide training to all court- designated workers in:
(a) The administration of evidence-based screening instruments and, for some workers as appropriate, the administration of risk and needs assessments;
(b) Identification of appropriate services for children and families;
(c) Techniques for diversion agreement implementation and supervision;
(d) Identifying and understanding the issues that led to the filing of a complaint, which may include recognition of signs of trauma, disability, behavioral, mental health, or substance abuse issues, in order to determine appropriate referrals; and
(e) Juvenile justice research, best practices, and any other subject deemed appropriate and available.
(6) (a) The Administrative Office of the Courts shall collect and track data, and provide an annual report to the oversight council created in KRS § 15A.063 containing the following information:
1. The number and type of complaints received by each court-designated worker;
2. The outcome of each complaint, including whether a referral was made to the county attorney or the Department for Community Based Services;
3. The number of children committed to the Department for Community Based Services pursuant to KRS Chapter 620 who were originally charged with status offenses under KRS Chapter 630 or whose cases were amended from status to dependency, neglect, and abuse; and
4. Whether a child who successfully completed a diversion agreement was, within one (1) year following completion of the agreement, adjudicated a public offender or convicted in the adult court of a criminal offense.
(b) Personally identifiable information of the court-designated worker shall not be provided but shall be retained by the Administrative Office of the Courts to address the need for additional staff training or other appropriate action.
(7) The Administrative Office of the Courts shall develop a graduated response protocol, consisting of a continuum of responses from the least restrictive to the most restrictive, for court-designated workers to utilize in response to violations of the terms of a diversion agreement.
(8) The Administrative Office of the Courts shall collaborate with the Justice and Public Safety Cabinet and provide technical assistance to judicial districts in implementing the fiscal incentive program established in KRS § 15A.062.
(9) The Administrative Office of the Courts shall act as the fiscal agent to receive funds awarded pursuant to KRS § 15A.062.
(10) The Administrative Office of the Courts shall, by regulation, establish a form complaint to be used in filing all complaints with the court-designated worker. The form shall contain the requirements of KRS § 610.020, and if the complaint is filed by a school district, shall require that the director of pupil personnel state that he or she documented the home conditions of the student and the intervention strategies attempted, as required by KRS § 159.140, and that he or she attempted to conduct a conference with the child and a parent.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 27, effective July 1, 2015. — Created
1986 Ky. Acts ch. 423, sec. 5, effective July 1, 1987.