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AN ACT relating to the sale of tobacco, alternative nicotine, and vapor products. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 438.311 is amended to read as follows: 3
(1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has 4
not attained the age of twenty-one (21) years to purchase or accept receipt of or to 5
attempt to purchase or accept receipt of a tobacco product, alternative nicotine 6
product, or vapor product, or to present or offer to any person any purported proof 7
of age which is false, fraudulent, or not actually his or her own, for the purpose of 8
purchasing or receiving any tobacco product, alternative nicotine product, or vapor 9
product. It shall not be unlawful for such a person to accept receipt of a tobacco 10
product, alternative nicotine product, or vapor product from an employer when 11
required in the performance of the person's duties. 12
(2) All peace officers with general law enforcement authority and employees of the 13
Department of Alcoholic Beverage Control may confiscate the tobacco product, 14
alternative nicotine product, or vapor product of a person under the age of twenty-15
one (21) who has violated this section.[ Notwithstanding any provision of law to the 16
contrary, no other penalty shall apply to a person under the age of twenty-one (21) 17
for a violation of this section.] 18
(3) A violation of subsection (1) of this section shall be deemed a status offense if 19
committed by a person under the age of eighteen (18) and shall be under the 20
jurisdiction of the juvenile session of the District Court or the family division of 21
the Circuit Court, as appropriate. 22
(4) Except as provided in subsection (3) of this section, any person who violates 23
subsection (1) of this section shall, for the first offense, be guilty of a violation, 24
and for each subsequent offense shall be guilty of a Class A misdemeanor. 25
Section 2. KRS 438.345 is amended to read as follows: 26
(1) As used in this section: 27 UNOFFICIAL COPY 23 RS BR 1355
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(a) "Alternative nicotine product" has the same meaning as in KRS 438.305; 1
(b) "Tobacco product" has the same meaning as in KRS 438.305; and 2
(c) "Vapor product" has the same meaning as in KRS 438.305. 3
(2) The use of any tobacco product, alternative nicotine product, or vapor product: 4
(a) Shall be prohibited for all persons and at all times on or in all property, 5
including any vehicle, that is owned, operated, leased, or contracted for use by 6
a local board of education; 7
(b) Shall be prohibited for all students while attending or participating in any 8
school-related student trip or student activity; and 9
(c) Shall be prohibited for school district employees, volunteers, and all other 10
individuals affiliated with a school while the user is attending or participating 11
in any school-related student trip or student activity and is in the presence of a 12
student or students. 13
(3) On or before July 1, 2020, each local board of education shall implement this 14
section by adopting written policies that prohibit the use of tobacco products, 15
alternative nicotine products, and vapor products pursuant to this section. The 16
policies shall provide for: 17
(a) Adequate notice regarding the policy to be provided to students, parents and 18
guardians, school employees, and the general public; 19
(b) A requirement to post signage on or in all property, including any vehicle, that 20
is owned, operated, leased, or contracted for use by a local board of education, 21
clearly stating that use of tobacco products, alternative nicotine products, and 22
vapor products is prohibited at all times and by all persons on or in the 23
property; and 24
(c) A requirement that school employees enforce the policies. 25
(4) A person in violation of subsection (2) of this section, or policies adopted by a local 26
board of education pursuant to subsection (3) of this section, shall be subject to 27 UNOFFICIAL COPY 23 RS BR 1355
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penalties as set forth by the local board of education. A local board of education 1
shall include a policy in the district's code of acceptable behavior and discipline 2
under KRS 158.148 that, at a minimum, if a student under the age of twenty-one 3
(21) violates subsection (2) of this section, the district shall confiscate the 4
alternative nicotine products, tobacco products, or vapor products and that a 5
second offense shall result in a suspension of that student. 6
(5) Nothing in this section shall be interpreted or construed to: 7
(a) Permit use of a tobacco product, alternative nicotine product, or vapor 8
product, where it is otherwise restricted by this section, other state or federal 9
law, administrative regulation, or executive order; 10
(b) Prevent a local board of education or any other local governmental entity from 11
adopting local ordinances, regulations, or policies relating to use of a tobacco 12
product, alternative nicotine product, or a vapor product, in public places of 13
employment, and nonenclosed areas, that are more restrictive than what is 14
provided for in this section; or 15
(c) Repeal any existing local ordinances, regulations, or policies that provide 16
restrictions on the use of a tobacco product, alternative nicotine product, or 17
vapor product, in addition to those provided for in this section. 18
(6) Each local board of education may choose, up to three (3) years after June 27, 2019, 19
to opt out of subsections (2) to (4) of this section. 20
Section 3. KRS 438.350 is amended to read as follows: 21
(1) No person under the age of twenty-one (21) shall possess or use tobacco products, 22
alternative nicotine products, or vapor products. 23
(2) Any tobacco product, alternative nicotine product, or vapor product found in the 24
possession of a person under the age of twenty-one (21) and in plain view of the 25
law enforcement officer shall be confiscated by the law enforcement officer making 26
the charge. 27 UNOFFICIAL COPY 23 RS BR 1355
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(3) A violation of subsection (1) of this section shall be deemed a status offense if 1
committed by a person under the age of eighteen (18) and shall be under the 2
jurisdiction of the juvenile session of the District Court or the family division of 3
the Circuit Court, as appropriate. 4
(4) Except as provided in subsection (3) of this section, any person who violates 5
subsection (1) of this section shall, for the first offense, be guilty of a violation, 6
and for each subsequent offense shall be guilty of a Class A misdemeanor. 7
(5)[(3)] This section shall not apply to persons exempted as provided by KRS 438.311 8
and 438.330. 9
(6)[(4)] The terms "alternative nicotine product," "tobacco product," and "vapor 10
product," shall have the same meanings as in KRS 438.305. 11
Section 4. KRS 600.020 is amended to read as follows: 12
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 13
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 14
threatened with harm when: 15
(a) His or her parent, guardian, person in a position of authority or special trust, 16
as defined in KRS 532.045, or other person exercising custodial control or 17
supervision of the child: 18
1. Inflicts or allows to be inflicted upon the child physical or emotional 19
injury as defined in this section by other than accidental means; 20
2. Creates or allows to be created a risk of physical or emotional injury as 21
defined in this section to the child by other than accidental means; 22
3. Engages in a pattern of conduct that renders the parent incapable of 23
caring for the immediate and ongoing needs of the child, including but 24
not limited to parental incapacity due to a substance use disorder as 25
defined in KRS 222.005; 26
4. Continuously or repeatedly fails or refuses to provide essential parental 27 UNOFFICIAL COPY 23 RS BR 1355
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care and protection for the child, considering the age of the child; 1
5. Commits or allows to be committed an act of sexual abuse, sexual 2
exploitation, or prostitution upon the child; 3
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 4
exploitation, or prostitution will be committed upon the child; 5
7. Abandons or exploits the child; 6
8. Does not provide the child with adequate care, supervision, food, 7
clothing, shelter, and education or medical care necessary for the child's 8
well-being when financially able to do so or offered financial or other 9
means to do so. A parent or other person exercising custodial control or 10
supervision of the child legitimately practicing the person's religious 11
beliefs shall not be considered a negligent parent solely because of 12
failure to provide specified medical treatment for a child for that reason 13
alone. This exception shall not preclude a court from ordering necessary 14
medical services for a child; 15
9. Fails to make sufficient progress toward identified goals as set forth in 16
the court-approved case plan to allow for the safe return of the child to 17
the parent that results in the child remaining committed to the cabinet 18
and remaining in foster care for fifteen (15) cumulative months out of 19
forty-eight (48) months; or 20
10. Commits or allows female genital mutilation as defined in KRS 508.125 21
to be committed; or 22
(b) A person twenty-one (21) years of age or older commits or allows to be 23
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 24
child less than sixteen (16) years of age; 25
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 26
675(11); 27 UNOFFICIAL COPY 23 RS BR 1355
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(3) "Aggravated circumstances" means the existence of one (1) or more of the 1
following conditions: 2
(a) The parent has not attempted or has not had contact with the child for a period 3
of not less than ninety (90) days; 4
(b) The parent is incarcerated and will be unavailable to care for the child for a 5
period of at least one (1) year from the date of the child's entry into foster care 6
and there is no appropriate relative placement available during this period of 7
time; 8
(c) The parent has sexually abused the child and has refused available treatment; 9
(d) The parent has been found by the cabinet to have engaged in abuse of the 10
child that required removal from the parent's home two (2) or more times in 11
the past two (2) years; or 12
(e) The parent has caused the child serious physical injury; 13
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 14
the reasonable directives of his or her parents, legal guardian, or person exercising 15
custodial control or supervision other than a state agency, which behavior results in 16
danger to the child or others, and which behavior does not constitute behavior that 17
would warrant the filing of a petition under KRS Chapter 645; 18
(5) "Beyond the control of school" means any child who has been found by the court to 19
have repeatedly violated the lawful regulations for the government of the school as 20
provided in KRS 158.150, and as documented in writing by the school as a part of 21
the school's petition or as an attachment to the school's petition. The petition or 22
attachment shall describe the student's behavior and all intervention strategies 23
attempted by the school; 24
(6) "Boarding home" means a privately owned and operated home for the boarding and 25
lodging of individuals which is approved by the Department of Juvenile Justice or 26
the cabinet for the placement of children committed to the department or the 27 UNOFFICIAL COPY 23 RS BR 1355
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cabinet; 1
(7) "Cabinet" means the Cabinet for Health and Family Services; 2
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 3
and who have completed a course of education and training in juvenile detention 4
developed and approved by, the Department of Juvenile Justice after consultation 5
with other appropriate state agencies; 6
(9) "Child" means any person who has not reached his or her eighteenth birthday, 7
unless otherwise provided; 8
(10) "Child-caring facility" means any facility or group home other than a state facility, 9
Department of Juvenile Justice contract facility or group home, or one certified by 10
an appropriate agency as operated primarily for educational or medical purposes, 11
providing residential care on a twenty-four (24) hour basis to children not related by 12
blood, adoption, or marriage to the person maintaining the facility; 13
(11) "Child-placing agency" means any agency, other than a state agency, which 14
supervises the placement of children in foster family homes or child-caring 15
facilities or which places children for adoption; 16
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 17
designated by the Department of Juvenile Justice or the cabinet for the treatment of 18
mentally ill children. The treatment program of such facilities shall be supervised 19
by a qualified mental health professional; 20
(13) "Commitment" means an order of the court which places a child under the custodial 21
control or supervision of the Cabinet for Health and Family Services, Department 22
of Juvenile Justice, or another facility or agency until the child attains the age of 23
eighteen (18) unless otherwise provided by law; 24
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 25
operated, or permitted to operate by the Department of Juvenile Justice or the 26
cabinet, which is located within a reasonable proximity of the child's family and 27 UNOFFICIAL COPY 23 RS BR 1355
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home community, which affords the child the opportunity, if a Kentucky resident, 1
to continue family and community contact; 2
(15) "Complaint" means a verified statement setting forth allegations in regard to the 3
child which contain sufficient facts for the formulation of a subsequent petition; 4
(16) "Court" means the juvenile session of District Court unless a statute specifies the 5
adult session of District Court or the Circuit Court; 6
(17) "Court-designated worker" means that organization or individual delegated by the 7
Administrative Office of the Courts for the purposes of placing children in 8
alternative placements prior to arraignment, conducting preliminary investigations, 9
and formulating, entering into, and supervising diversion agreements and 10
performing such other functions as authorized by law or court order; 11
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 12
(19) "Department" means the Department for Community Based Services; 13
(20) "Dependent child" means any child, other than an abused or neglected child, who is 14
under improper care, custody, control, or guardianship that is not due to an 15
intentional act of the parent, guardian, or person exercising custodial control or 16
supervision of the child; 17
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 18
conduct subject to the jurisdiction of the court who requires a restricted or closely 19
supervised environment for his or her own or the community's protection; 20
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 21
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 22
period of detention prior to adjudication; 23
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 24
for his or her behavior and, if appropriate, securing services to serve the best 25
interest of the child and to provide redress for that behavior without court action 26
and without the creation of a formal court record; 27 UNOFFICIAL COPY 23 RS BR 1355
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(24) "Eligible youth" means a person who: 1
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 2
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 3
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 4
order to participate in state or federal educational programs or to establish 5
independent living arrangements; 6
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 7
homelike facility which provides temporary or emergency care of children and 8
adequate staff and services consistent with the needs of each child; 9
(26) "Emotional injury" means an injury to the mental or psychological capacity or 10
emotional stability of a child as evidenced by a substantial and observable 11
impairment in the child's ability to function within a normal range of performance 12
and behavior with due regard to his or her age, development, culture, and 13
environment as testified to by a qualified mental health professional; 14
(27) "Evidence-based practices" means policies, procedures, programs, and practices 15
proven by scientific research to reliably produce reductions in recidivism; 16
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 17
to a child, but who has an emotionally significant relationship with the child, or an 18
emotionally significant relationship with a biological parent, siblings, or half-19
siblings of the child in the case of a child from birth to twelve (12) months of age, 20
prior to placement; 21
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 22
(30) "Foster family home" means a private home in which children are placed for foster 23
family care under supervision of the cabinet or a licensed child-placing agency; 24
(31) "Graduated sanction" means any of a continuum of accountability measures, 25
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 26
that may include but are not limited to: 27 UNOFFICIAL COPY 23 RS BR 1355
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(a) Electronic monitoring; 1
(b) Drug and alcohol screening, testing, or monitoring; 2
(c) Day or evening reporting centers; 3
(d) Reporting requirements; 4
(e) Community service; and 5
(f) Rehabilitative interventions such as family counseling, substance abuse 6
treatment, restorative justice programs, and behavioral or mental health 7
treatment; 8
(32) "Habitual runaway" means any child who has been found by the court to have been 9
absent from his or her place of lawful residence without the permission of his or her 10
custodian for at least three (3) days during a one (1) year period; 11
(33) "Habitual truant" means any child who has been found by the court to have been 12
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 13
one (1) year period; 14
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 15
public facility, health care facility, or part thereof, which is approved by the cabinet 16
to treat children; 17
(35) "Independent living" means those activities necessary to assist a committed child to 18
establish independent living arrangements; 19
(36) "Informal adjustment" means an agreement reached among the parties, with 20
consultation, but not the consent, of the victim of the crime or other persons 21
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 22
after a petition has been filed, which is approved by the court, that the best interest 23
of the child would be served without formal adjudication and disposition; 24
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 25
which defines an offense, that the actor's conscious objective is to cause that result 26
or to engage in that conduct; 27 UNOFFICIAL COPY 23 RS BR 1355
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(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 1
the program developed on the child's behalf is no more harsh, hazardous, or 2
intrusive than necessary; or involves no restrictions on physical movements nor 3
requirements for residential care except as reasonably necessary for the protection 4
of the child from physical injury; or protection of the community, and is conducted 5
at the suitable available facility closest to the child's place of residence to allow for 6
appropriate family engagement; 7
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 8
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 9
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 10
serious or critical condition; 11
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 12
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 13
who has not been otherwise charged with a status or public offense; 14
(43) "Nonsecure facility" means a facility which provides its residents access to the 15
surrounding community and which does not rely primarily on the use of physically 16
restricting construction and hardware to restrict freedom; 17
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 18
child's own home, where a child may be temporarily placed pending further court 19
action. Children before the court in a county that is served by a state operated 20
secure detention facility, who are in the detention custody of the Department of 21
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 22
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 23
(45) "Out-of-home placement" means a placement other than in the home of a parent, 24
relative, or guardian, in a boarding home, clinical treatment facility, community-25
based facility, detention facility, emergency shelter, fictive kin home, foster family 26
home, hospital, nonsecure facility, physically secure facility, residential treatment 27 UNOFFICIAL COPY 23 RS BR 1355
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facility, or youth alternative center; 1
(46) "Parent" means the biological or adoptive mother or father of a child; 2
(47) "Person exercising custodial control or supervision" means a person or agency that 3
has assumed the role and responsibility of a parent or guardian for the child, but that 4
does not necessarily have legal custody of the child; 5
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 6
which initiates formal court involvement in the child's case; 7
(49) "Physical injury" means substantial physical pain or any impairment of physical 8
condition; 9
(50) "Physically secure facility" means a facility that relies primarily on the use of 10
construction and hardware such as locks, bars, and fences to restrict freedom; 11
(51) "Public offense action" means an action, excluding contempt, brought in the interest 12
of a child who is accused of committing an offense under KRS Chapter 527 or a 13
public offense which, if committed by an adult, would be a crime, whether the same 14
is a felony, misdemeanor, or violation, other than an action alleging that a child 15
sixteen (16) years of age or older has committed a motor vehicle offense; 16
(52) "Qualified mental health professional" means: 17
(a) A physician licensed under the laws of Kentucky to practice medicine or 18
osteopathy, or a medical officer of the government of the United States while 19
engaged in the performance of official duties; 20
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 21
osteopathy, or a medical officer of the government of the United States while 22
engaged in the practice of official duties, and who is certified or eligible to 23
apply for certification by the American Board of Psychiatry and Neurology, 24
Inc.; 25
(c) A psychologist with the health service provider designation, a psychological 26
practitioner, a certified psychologist, or a psychological associate licensed 27 UNOFFICIAL COPY 23 RS BR 1355
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under the provisions of KRS Chapter 319; 1
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 2
an accredited institution and two (2) years of clinical experience with 3
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 4
nursing from an accredited institution who is certified as a psychiatric and 5
mental health nurse by the American Nurses Association and who has three 6
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 7
and who is currently employed by a hospital or forensic psychiatric facility 8
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 9
private agency or company engaged in providing mental health services, or a 10
regional comprehensive care center; 11
(e) A licensed clinical social worker licensed under the provisions of KRS 12
335.100, or a certified social worker licensed under the provisions of KRS 13
335.080 with three (3) years of inpatient or outpatient clinical experience in 14
psychiatric social work and currently employed by a hospital or forensic 15
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 16
general hospital, a private agency or company engaged in providing mental 17
health services, or a regional comprehensive care center; 18
(f) A marriage and family therapist licensed under the provisions of KRS 19
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 20
experience in psychiatric mental health practice and currently employed by a 21
hospital or forensic psychiatric facility licensed by the Commonwealth, a 22
psychiatric unit of a general hospital, a private agency or company engaged in 23
providing mental health services, or a regional comprehensive care center; 24
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 25
335.599 with three (3) years of inpatient or outpatient clinical experience in 26
psychiatric mental health practice and currently employed by a hospital or 27 UNOFFICIAL COPY 23 RS BR 1355
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forensic facility licensed by the Commonwealth, a psychiatric unit of a 1
general hospital, a private agency or company engaged in providing mental 2
health services, or a regional comprehensive care center; or 3
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 4
(1) of the following requirements: 5
1. Provides documentation that he or she has completed a psychiatric 6
residency program for physician assistants; 7
2. Has completed at least one thousand (1,000) hours of clinical experience 8
under a supervising physician, as defined by KRS 311.840, who is a 9
psychiatrist and is certified or eligible for certification by the American 10
Board of Psychiatry and Neurology, Inc.; 11
3. Holds a master's degree from a physician assistant program accredited 12
by the Accreditation Review Commission on Education for the 13
Physician Assistant or its predecessor or successor agencies, is 14
practicing under a supervising physician as defined by KRS 311.840, 15
and: 16
a. Has two (2) years of clinical experience in the assessment, 17
evaluation, and treatment of mental disorders; or 18
b. Has been employed by a hospital or forensic psychiatric facility 19
licensed by the Commonwealth or a psychiatric unit of a general 20
hospital or a private agency or company engaged in the provision 21
of mental health services or a regional community program for 22
mental health and individuals with an intellectual disability for at 23
least two (2) years; or 24
4. Holds a bachelor's degree, possesses a current physician assistant 25
certificate issued by the board prior to July 15, 2002, is practicing under 26
a supervising physician as defined by KRS 311.840, and: 27 UNOFFICIAL COPY 23 RS BR 1355
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a. Has three (3) years of clinical experience in the assessment, 1
evaluation, and treatment of mental disorders; or 2
b. Has been employed by a hospital or forensic psychiatric facility 3
licensed by the Commonwealth or a psychiatric unit of a general 4
hospital or a private agency or company engaged in the provision 5
of mental health services or a regional community program for 6
mental health and individuals with an intellectual disability for at 7
least three (3) years; 8
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 9
sec. 675(10); 10
(54) "Residential treatment facility" means a facility or group home with more than eight 11
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 12
treatment of children; 13
(55) "Retain in custody" means, after a child has been taken into custody, the continued 14
holding of the child by a peace officer for a period of time not to exceed twelve (12) 15
hours when authorized by the court or the court-designated worker for the purpose 16
of making preliminary inquiries; 17
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 18
identify specific factors and needs that are related to delinquent and noncriminal 19
misconduct; 20
(57) "School personnel" means those certified persons under the supervision of the local 21
public or private education agency; 22
(58) "Secretary" means the secretary of the Cabinet for Health and Family Services; 23
(59) "Secure juvenile detention facility" means any physically secure facility used for 24
the secure detention of children other than any facility in which adult prisoners are 25
confined; 26
(60) "Serious physical injury" means physical injury which creates a substantial risk of 27 UNOFFICIAL COPY 23 RS BR 1355
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death or which causes serious and prolonged disfigurement, prolonged impairment 1
of health, or prolonged loss or impairment of the function of any bodily member or 2
organ; 3
(61) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 4
in which the parent, guardian, person in a position of authority or special trust, as 5
defined in KRS 532.045, or other person having custodial control or supervision of 6
the child or responsibility for his or her welfare, uses or allows, permits, or 7
encourages the use of the child for the purposes of the sexual stimulation of the 8
perpetrator or another person; 9
(62) "Sexual exploitation" includes but is not limited to a situation in which a parent, 10
guardian, person in a position of authority or special trust, as defined in KRS 11
532.045, or other person having custodial control or supervision of a child or 12
responsible for his or her welfare, allows, permits, or encourages the child to 13
engage in an act which constitutes prostitution under Kentucky law; or a parent, 14
guardian, person in a position of authority or special trust, as defined in KRS 15
532.045, or other person having custodial control or supervision of a child or 16
responsible for his or her welfare, allows, permits, or encourages the child to 17
engage in an act of obscene or pornographic photographing, filming, or depicting of 18
a child as provided for under Kentucky law; 19
(63) "Social service worker" means any employee of the cabinet or any private agency 20
designated as such by the secretary of the cabinet or a social worker employed by a 21
county or city who has been approved by the cabinet to provide, under its 22
supervision, services to families and children; 23
(64) "Staff secure facility for residential treatment" means any setting which assures that 24
all entrances and exits are under the exclusive control of the facility staff, and in 25
which a child may reside for the purpose of receiving treatment; 26
(65) (a) "Status offense action" is any action brought in the interest of a child who is 27 UNOFFICIAL COPY 23 RS BR 1355
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accused of committing acts, which if committed by an adult, would not be a 1
crime. Such behavior shall not be considered criminal or delinquent and such 2
children shall be termed status offenders. Status offenses shall include: 3
1. Beyond the control of school or beyond the control of parents; 4
2. Habitual runaway; 5
3. Habitual truant;[ and] 6
4. Alcohol offenses as provided in KRS 244.085; 7
5. Tobacco, alternative nicotine, or vapor product offenses in violation of 8
Sections 1 and 3 of this Act. 9
(b) Status offenses shall not include violations of state or local ordinances which 10
may apply to children such as a violation of curfew; 11
(66) "Take into custody" means the procedure by which a peace officer or other 12
authorized person initially assumes custody of a child. A child may be taken into 13
custody for a period of time not to exceed two (2) hours; 14
(67) "Transitional living support" means all benefits to which an eligible youth is 15
entitled upon being granted extended or reinstated commitment to the cabinet by the 16
court; 17
(68) "Transition plan" means a plan that is personalized at the direction of the youth that: 18
(a) Includes specific options on housing, health insurance, education, local 19
opportunities for mentors and continuing support services, and workforce 20
supports and employment services; and 21
(b) Is as detailed as the youth may elect; 22
(69) "Valid court order" means a court order issued by a judge to a child alleged or 23
found to be a status offender: 24
(a) Who was brought before the court and made subject to the order; 25
(b) Whose future conduct was regulated by the order; 26
(c) Who was given written and verbal warning of the consequences of the 27 UNOFFICIAL COPY 23 RS BR 1355
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violation of the order at the time the order was issued and whose attorney or 1
parent or legal guardian was also provided with a written notice of the 2
consequences of violation of the order, which notification is reflected in the 3
record of the court proceedings; and 4
(d) Who received, before the issuance of the order, the full due process rights 5
guaranteed by the Constitution of the United States; 6
(70) "Violation" means any offense, other than a traffic infraction, for which a sentence 7
of a fine only can be imposed; 8
(71) "Youth alternative center" means a nonsecure facility, approved by the Department 9
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 10
after adjudication, which meets the criteria specified in KRS 15A.320; and 11
(72) "Youthful offender" means any person regardless of age, transferred to Circuit 12
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 13
convicted in Circuit Court. 14
Section 5. KRS 610.010 is amended to read as follows: 15
(1) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the 16
District Court of each county shall have exclusive jurisdiction in proceedings 17
concerning any child living or found within the county who has not reached his or 18
her eighteenth birthday or of any person who at the time of committing a public 19
offense was under the age of eighteen (18) years, who allegedly has committed a 20
public offense prior to his or her eighteenth birthday, except a motor vehicle offense 21
involving a child sixteen (16) years of age or older. A child sixteen (16) years of 22
age or older taken into custody upon the allegation that the child has committed a 23
motor vehicle offense shall be treated as an adult and shall have the same conditions 24
of release applied to him or her as an adult. A child taken into custody upon the 25
allegation that he or she has committed a motor vehicle offense who is not released 26
under conditions of release applicable to adults shall be held, pending his or her 27 UNOFFICIAL COPY 23 RS BR 1355
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appearance before the District Court, in a facility as defined in KRS 15A.067. 1
Children sixteen (16) years of age or older who are convicted of, or plead guilty to, 2
a motor vehicle offense shall, if sentenced to a term of confinement, be placed in a 3
facility for that period of confinement preceding their eighteenth birthday and an 4
adult detention facility for that period of confinement subsequent to their eighteenth 5
birthday. The term "motor vehicle offense" shall not be deemed to include the 6
offense of stealing or converting a motor vehicle nor operating the same without the 7
owner's consent nor any offense which constitutes a felony; 8
(2) Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session of the 9
District Court of each county or the family division of the Circuit Court shall have 10
exclusive jurisdiction in proceedings concerning any child living or found within 11
the county who has not reached his or her eighteenth birthday and who allegedly: 12
(a) Is beyond the control of the school or beyond the control of parents as defined 13
in KRS 600.020; 14
(b) Is an habitual truant from school; 15
(c) Is an habitual runaway from his or her parent or other person exercising 16
custodial control or supervision of the child; 17
(d) Is dependent, neglected, or abused; 18
(e) Has committed an alcohol offense in violation of KRS 244.085;[ or] 19
(f) Is mentally ill; or 20
(g) Has committed a tobacco, alternative nicotine, or vapor product offense in 21
violation of Sections 1 and 3 of this Act. 22
(3) Actions brought under subsection (1) of this section shall be considered to be public 23
offense actions. 24
(4) Actions brought under subsection (2)(a), (b), (c), and (e) of this section shall be 25
considered to be status offense actions. 26
(5) Actions brought under subsection (2)(d) of this section shall be considered to be 27 UNOFFICIAL COPY 23 RS BR 1355
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nonoffender actions. 1
(6) Actions brought under subsection (2)(f) of this section shall be considered to be 2
mental health actions. 3
(7) Nothing in this chapter shall deprive other courts of the jurisdiction to determine the 4
custody or guardianship of children upon writs of habeas corpus or to determine the 5
custody or guardianship of children when such custody or guardianship is incidental 6
to the determination of other causes pending in such other courts; nor shall anything 7
in this chapter affect the jurisdiction of Circuit Courts over adoptions and 8
proceedings for termination of parental rights. 9
(8) The court shall have no jurisdiction to make permanent awards of custody of a child 10
except as provided by KRS 620.027. 11
(9) If the court finds an emergency to exist affecting the welfare of a child, or if the 12
child is eligible for the relative or fictive kin caregiver assistance as established in 13
KRS 620.142, it may make temporary orders for the child's custody; however, if the 14
case involves allegations of dependency, neglect, or abuse, no emergency removal 15
or temporary custody orders shall be effective unless the provisions of KRS Chapter 16
620 are followed. Such orders shall be entirely without prejudice to the proceedings 17
for permanent custody of the child and shall remain in effect until modified or set 18
aside by the court. Upon the entry of a temporary or final judgment in the Circuit 19
Court awarding custody of such child, all prior orders of the juvenile session of the 20
District Court in conflict therewith shall be deemed canceled. This section shall not 21
work to deprive the Circuit Court of jurisdiction over cases filed in Circuit Court. 22
(10) The court of each county wherein a public offense, as defined in subsection (1) of 23
this section, is committed by a child who is a resident of another county of this state 24
shall have concurrent jurisdiction over such child with the court of the county 25
wherein the child resides or the court of the county where the child is found. 26
Whichever court first acquires jurisdiction of such child may proceed to final 27 UNOFFICIAL COPY 23 RS BR 1355
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disposition of the case, or in its discretion may make an order transferring the case 1
to the court of the county of the child's residence or the county wherein the offense 2
was committed, as the case may be. 3
(11) Nothing in this chapter shall prevent the court from holding a child in contempt of 4
court to enforce valid court orders previously issued by the court, subject to the 5
requirements contained in KRS 610.265 and 630.080. 6
(12) Except as provided in KRS 635.060(4), 630.120(5), or 635.090, nothing in this 7
chapter shall confer upon the District Court or the family division of the Circuit 8
Court, as appropriate, jurisdiction over the actions of the Department of Juvenile 9
Justice or the cabinet in the placement, care, or treatment of a child committed to 10
the Department of Juvenile Justice or committed to or in the custody of the cabinet; 11
or to require the department or the cabinet to perform, or to refrain from 12
performing, any specific act in the placement, care, or treatment of any child 13
committed to the department or committed to or in the custody of the cabinet. 14
(13) Unless precluded by KRS Chapter 635 or 640, in addition to informal adjustment, 15
the court shall have the discretion to amend the petition to reflect jurisdiction 16
pursuant to the proper chapter of the Kentucky Unified Juvenile Code. 17
(14) The court shall have continuing jurisdiction over a child pursuant to subsection (1) 18
of this section, to review dispositional orders, and to conduct permanency hearings 19
under 42 U.S.C. sec. 675(5)(c) until the child is placed for adoption, returned home 20
to his or her parents with all the court imposed conditions terminated, completes a 21
disposition pursuant to KRS 635.060, or reaches the age of eighteen (18) years. 22
Section 6. KRS 630.020 is amended to read as follows: 23
The court shall have exclusive jurisdiction in proceedings concerning any child living, or 24
found within the district, who allegedly: 25
(1) Has been an habitual runaway from his parent or person exercising custodial control 26
or supervision of the child; 27 UNOFFICIAL COPY 23 RS BR 1355
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(2) Is beyond the control of the school or beyond the control of parents as defined in 1
KRS 600.020; 2
(3) Has been an habitual truant from school;[ or] 3
(4) Has committed an alcohol offense under KRS 244.085; or 4
(5) Has committed a tobacco, alternative nicotine, or vapor product offense in 5
violation of Sections 1 and 3 of this Act. 6