UNOFFICIAL COPY 24 RS BR 1929
Page 1 of 8
XXXX 2/19/2024 3:00 PM Jacketed
AN ACT relating to truancy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 159.140 is amended to read as follows: 3
(1) The director of pupil personnel, or an assistant appointed under KRS 159.080, shall: 4
(a) Devote his or her entire time to the duties of the office except as provided in 5
subsection (2) of this section; 6
(b) Enforce the compulsory attendance and census laws in the attendance district 7
he or she serves; 8
(c) Acquaint the school with the home conditions of a habitual truant as described 9
in KRS 159.150(3), and the home with the work and advantages of the school; 10
(d) Ascertain the causes of irregular attendance and truancy, through documented 11
contact with the custodian of the student, and seek the elimination of these 12
causes; 13
(e) Secure the enrollment in school of all students who should be enrolled and 14
keep all enrolled students in reasonably regular attendance; 15
(f) Attempt to visit the homes of students who are reported to be in need of 16
books, clothing, or parental care; 17
(g) Provide for the interviewing of students and the parents of those students who 18
quit school to determine the reasons for the decision. The interviews shall be 19
conducted in a location that is nonthreatening for the students and parents and 20
according to procedures and interview questions established by an 21
administrative regulation promulgated by the Kentucky Board of Education. 22
The questions shall be designed to provide data that can be used for local 23
district and statewide research and decision-making. Data shall be reported 24
annually to the local board of education and the Department of Education; 25
(h) Report to the superintendent of schools in the district in which the student 26
resides the number and cost of books and school supplies needed by any 27 UNOFFICIAL COPY 24 RS BR 1929
Page 2 of 8
XXXX 2/19/2024 3:00 PM Jacketed
student whose parent, guardian, or custodian does not have sufficient income 1
to furnish the student with the necessary books and school supplies; and 2
(i) Keep the records and make the reports that are required by law, by regulation 3
of the Kentucky Board of Education, and by the superintendent and board of 4
education. 5
(2) A local school district superintendent may waive the requirement that a director of 6
pupil personnel devote his or her entire time to his or her duties. The superintendent 7
shall report the decision to the commissioner of education. 8
(3) In any action brought to enforce compulsory attendance laws, the director of pupil 9
personnel or an assistant shall document the home conditions of the student and the 10
intervention strategies attempted and[ may]: 11
(a) For a child in kindergarten to grade five (5) whose parent or guardian is in 12
violation of the provisions of KRS 159.010(1)(a) by allowing the child to be 13
absent without excuse for fifteen (15) or more days, shall refer the 14
complaint to the county attorney for formal court action; and 15
(b) For a minor who is a habitual truant as defined in KRS 600.020, after 16
consultation with the court-designated worker, may refer the case to the 17
family accountability, intervention, and response team. 18
Section 2. KRS 610.030 is amended to read as follows: 19
Except as otherwise provided in KRS Chapters 600 to 645: 20
(1) If any person files a complaint alleging that a child, except a child alleged to be 21
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the 22
court, may be within the purview of KRS Chapters 600 to 645, the court-designated 23
worker shall make a preliminary determination as to whether the complaint is 24
complete. In any case where the court-designated worker finds that the complaint is 25
incomplete, the court-designated worker shall return the complaint without delay to 26
the person or agency originating the complaint or having knowledge of the facts, or 27 UNOFFICIAL COPY 24 RS BR 1929
Page 3 of 8
XXXX 2/19/2024 3:00 PM Jacketed
to the appropriate law enforcement agency having investigative jurisdiction of the 1
offense, and request additional information in order to complete the complaint. The 2
complainant shall promptly furnish the additional information requested; 3
(2) (a) Upon receipt of a complaint which appears to be complete and which alleges 4
that a child has committed a public offense, the court-designated worker shall 5
refer the complaint to the county attorney for review pursuant to KRS 6
635.010. 7
(b) If after review the county attorney elects to proceed, the court-designated 8
worker shall conduct a preliminary intake inquiry to recommend whether the 9
interests of the child or the public require that further action be taken or 10
whether, in the interest of justice, the complaint can be resolved informally 11
without the filing of a petition; 12
(3) Upon receipt of a complaint that appears to be complete and that alleges that the 13
child has committed a status offense, the court-designated worker shall conduct a 14
preliminary intake inquiry to determine whether the interests of the child or the 15
public require that further action be taken; 16
(4) Prior to conducting a preliminary intake inquiry, the court-designated worker shall 17
notify the child and the child's parent, guardian, or other person exercising custodial 18
control or supervision of the child in writing: 19
(a) Of their opportunity to be present at the preliminary intake inquiry; 20
(b) That they may have counsel present during the preliminary intake inquiry as 21
well as the formal conference thereafter; 22
(c) 1. That all information supplied by the child to a court-designated worker 23
during any process prior to the filing of the petition shall be deemed 24
confidential and shall not be subject to subpoena or to disclosure 25
without the written consent of the child. 26
2. Information may be shared between treatment providers, the court-27 UNOFFICIAL COPY 24 RS BR 1929
Page 4 of 8
XXXX 2/19/2024 3:00 PM Jacketed
designated worker, and the family accountability, intervention, and 1
response team to enable the court-designated worker to facilitate 2
services and facilitate compliance with the diversion agreement; and 3
(d) That the child has the right to deny the allegation and demand a formal court 4
hearing; 5
(5) The preliminary intake inquiry shall include the administration of an evidence-6
based screening tool and, if appropriate and available, a validated risk and needs 7
assessment, in order to identify whether the child and his or her family are in need 8
of services and the level of intervention needed; 9
(6) Upon the completion of the preliminary intake inquiry, the court-designated worker 10
may: 11
(a) If the complaint alleges a status offense, determine that no further action be 12
taken subject to review by the family accountability, intervention, and 13
response team; 14
(b) If the complaint alleges a public offense, refer the complaint to the county 15
attorney; 16
(c) Refer a public offense complaint for informal adjustment; or 17
(d) Based upon the results of the preliminary intake inquiry, other information 18
obtained, and a determination that the interests of the child and the public 19
would be better served, and with the written approval of the county attorney 20
for a public offense complaint, if necessary, conduct a formal conference and 21
enter into a diversion agreement; 22
(7) Upon receiving written approval of the county attorney, if necessary, to divert a 23
public offense complaint, and prior to conducting a formal conference, the court-24
designated worker shall advise in writing the complainant, the victim if any, and the 25
law enforcement agency having investigative jurisdiction of the offense: 26
(a) Of the recommendation and the reasons therefor and that the complainant, 27 UNOFFICIAL COPY 24 RS BR 1929
Page 5 of 8
XXXX 2/19/2024 3:00 PM Jacketed
victim, or law enforcement agency may submit within ten (10) days from 1
receipt of such notice a complaint to the county attorney for special review; or 2
(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact 3
that the child was statutorily entitled to divert the case; 4
(8) A formal conference shall include the child and his or her parent, guardian, or other 5
person exercising custodial control or supervision. The formal conference shall be 6
used to: 7
(a) Present information obtained at the preliminary intake inquiry; and 8
(b) 1. Develop a diversion agreement that shall: 9
a. i. Require that the child regularly attend school; and 10
ii. For a child against whom a complaint alleging truancy has 11
been filed, require that if the child is absent from school 12
without excuse for two (2) or more days during the 13
diversion agreement, the child shall immediately be 14
considered to have failed to complete the diversion 15
agreement and subsection (9)(b)3. of this section shall 16
immediately apply; and[,] 17
b. [Shall ]Not exceed six (6) months in duration, and may include: 18
i[a]. Referral of the child, and family if appropriate, to a public or 19
private entity or person for the provision of identified 20
services to address the complaint or assessed needs; 21
ii[b]. Referral of the child, and family if appropriate, to a 22
community service program within the limitations provided 23
under KRS 635.080(2); 24
iii[c]. Restitution, limited to the actual pecuniary loss suffered by 25
the victim, if the child has the means or ability to make 26
restitution; 27 UNOFFICIAL COPY 24 RS BR 1929
Page 6 of 8
XXXX 2/19/2024 3:00 PM Jacketed
iv[d]. Notification that the court-designated worker may apply 1
graduated sanctions for failure to comply with the diversion 2
agreement; 3
v[e]. Any other program or effort which reasonably benefits the 4
community and the child; and 5
vi[f]. A plan for monitoring the child's progress and completion of 6
the agreement. 7
2. Prior to developing the diversion agreement, the court designated 8
worker or court designated specialist shall contact the school district that 9
the child attends to obtain background information from school 10
personnel regarding family background, education records, any services 11
previously provided, and any recommended trauma informed strategies. 12
3. Upon developing a diversion agreement, the court designated specialist 13
shall make all details of the agreement accessible to all members of the 14
family, accountability, intervention, and response team through an 15
electronic platform provided by the Administrative Office of the Courts; 16
(9) (a) If a child successfully completes a diversion agreement, the underlying 17
complaint shall be dismissed and further action related to that complaint shall 18
be prohibited. 19
(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into 20
a diversion agreement, or fails to complete a diversion agreement, then: 21
1. For a public offense complaint, the matter shall be referred to the county 22
attorney for formal court action and, if a petition is filed, the child may 23
request that the court dismiss the complaint based upon his or her 24
substantial compliance with the terms of diversion; and 25
2. For a status offense complaint except as provided for in subparagraph 26
3. of this paragraph, the court-designated worker shall refer the matter 27 UNOFFICIAL COPY 24 RS BR 1929
Page 7 of 8
XXXX 2/19/2024 3:00 PM Jacketed
to the family accountability, intervention, and response team for review 1
and further action; and 2
3. For a status offense complaint alleging truancy for which the child 3
failed diversion in accordance with subsection (8)(b)1.a.ii. of this 4
section, the matter shall immediately be referred to the county attorney 5
for formal court action. 6
(c) If the child enters into a diversion agreement or is referred to the family 7
accountability, intervention, and response team for truancy and there is no 8
action implemented by the family accountability, intervention, and response 9
team within thirty (30)[ninety (90)] days, The family accountability, 10
intervention, and response team shall report to the court the reasons for 11
inaction and shall provide a plan for action on the child's case. The court shall 12
review on the record any diversion agreement and any report, without the 13
attendance or appearance of the child, at regular intervals at the court's 14
discretion to verify family accountability, intervention, and response team 15
member attendance, team accountability, and performance. 16
(d) If a child fails to appear for a preliminary intake inquiry or fails to complete a 17
diversion agreement due to lack of parental cooperation, the court-designated 18
worker shall make a determination that the child failed to complete the 19
diversion due to lack of parent cooperation; 20
(10) If a complaint is referred to the court, the complaint and findings of the court-21
designated worker's preliminary intake inquiry shall be submitted to the court for 22
the court to determine whether process should issue; 23
(11) If the court receives a report with a determination that the diversion is failed due to 24
lack of parental cooperation, the court may order parental cooperation and refer the 25
case back to the court-designated worker. The child shall not be detained upon this 26
finding; and 27 UNOFFICIAL COPY 24 RS BR 1929
Page 8 of 8
XXXX 2/19/2024 3:00 PM Jacketed
(12) At any stage in the proceedings described in this section, the court or the county 1
attorney may review any decision of the court-designated worker. The court upon 2
its own motion or upon written request of the county attorney may refer any 3
complaint for a formal hearing. 4