UNOFFICIAL COPY 24 RS HB 611/GA
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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 HB 611/GA
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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 minor 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 during a school year, 14
shall report the matter to the county attorney for determination of 15
appropriate court intervention, if any; and 16
(b) For a minor in grade six (6) through twelve (12) who is a habitual truant as 17
defined in KRS 600.020 and has been absent without excuse for fifteen (15) 18
or more days during a school year, shall report the matter to the county 19
attorney for a determination of appropriate court intervention and, if a 20
complaint is filed[, after consultation] with the court-designated worker, 21
proceed under subsection (6) of Section 2 of this Act[refer the case to the 22
family accountability, intervention, and response team]. 23
Section 2. KRS 610.030 is amended to read as follows: 24
Except as otherwise provided in KRS Chapters 600 to 645: 25
(1) If any person files a complaint alleging that a child, except a child alleged to be 26
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the 27 UNOFFICIAL COPY 24 RS HB 611/GA
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court, may be within the purview of KRS Chapters 600 to 645, the court-designated 1
worker shall make a preliminary determination as to whether the complaint is 2
complete. In any case where the court-designated worker finds that the complaint is 3
incomplete, the court-designated worker shall return the complaint without delay to 4
the person or agency originating the complaint or having knowledge of the facts, or 5
to the appropriate law enforcement agency having investigative jurisdiction of the 6
offense, and request additional information in order to complete the complaint. The 7
complainant shall promptly furnish the additional information requested; 8
(2) (a) Upon receipt of a complaint which appears to be complete and which alleges 9
that a child has committed a public offense, the court-designated worker shall 10
refer the complaint to the county attorney for review pursuant to KRS 11
635.010. 12
(b) If after review the county attorney elects to proceed, the court-designated 13
worker shall conduct a preliminary intake inquiry to recommend whether the 14
interests of the child or the public require that further action be taken or 15
whether, in the interest of justice, the complaint can be resolved informally 16
without the filing of a petition; 17
(3) Upon receipt of a complaint that appears to be complete and that alleges that the 18
child has committed a status offense, the court-designated worker shall conduct a 19
preliminary intake inquiry to determine whether the interests of the child or the 20
public require that further action be taken; 21
(4) Prior to conducting a preliminary intake inquiry, the court-designated worker shall 22
notify the child and the child's parent, guardian, or other person exercising custodial 23
control or supervision of the child in writing: 24
(a) Of their opportunity to be present at the preliminary intake inquiry; 25
(b) That they may have counsel present during the preliminary intake inquiry as 26
well as the formal conference thereafter; 27 UNOFFICIAL COPY 24 RS HB 611/GA
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(c) 1. That all information supplied by the child to a court-designated worker 1
during any process prior to the filing of the petition shall be deemed 2
confidential and shall not be subject to subpoena or to disclosure 3
without the written consent of the child. 4
2. Information may be shared between treatment providers, the court-5
designated worker, and the family accountability, intervention, and 6
response team to enable the court-designated worker to facilitate 7
services and facilitate compliance with the diversion agreement; and 8
(d) That the child has the right to deny the allegation and demand a formal court 9
hearing; 10
(5) The preliminary intake inquiry shall include the administration of an evidence-11
based screening tool and, if appropriate and available, a validated risk and needs 12
assessment, in order to identify whether the child and his or her family are in need 13
of services and the level of intervention needed; 14
(6) (a) Upon the completion of the preliminary intake inquiry for a minor who is 15
alleged to be a status offender under KRS 630.020(3) and is alleged to have 16
been absent without excuse for fifteen (15) or more days during a school 17
year, the court-designated worker shall refer the complaint to the county 18
attorney. The county attorney shall then refer the complaint: 19
1. For formal court action; or 20
2. To be handled under subsection (8) of this section. 21
(b) Upon the completion of the preliminary intake inquiry for all other 22
allegations, the court designated worker may: 23
1.[(a)] If the complaint alleges a status offense, determine that no further 24
action be taken subject to review by the family accountability, 25
intervention, and response team; 26
2.[(b)] If the complaint alleges a public offense, refer the complaint to the 27 UNOFFICIAL COPY 24 RS HB 611/GA
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county attorney; 1
3.[(c)] Refer a public offense complaint for informal adjustment; or 2
4.[(d)] Based upon the results of the preliminary intake inquiry, other 3
information obtained, and a determination that the interests of the child 4
and the public would be better served, and with the written approval of 5
the county attorney for a public offense complaint, if necessary, conduct 6
a formal conference and enter into a diversion agreement; 7
(7) Upon receiving written approval of the county attorney, if necessary, to divert a 8
public offense complaint, and prior to conducting a formal conference, the court-9
designated worker shall advise in writing the complainant, the victim if any, and the 10
law enforcement agency having investigative jurisdiction of the offense: 11
(a) Of the recommendation and the reasons therefor and that the complainant, 12
victim, or law enforcement agency may submit within ten (10) days from 13
receipt of such notice a complaint to the county attorney for special review; or 14
(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact 15
that the child was statutorily entitled to divert the case; 16
(8) A formal conference shall include the child and his or her parent, guardian, or other 17
person exercising custodial control or supervision. The formal conference shall be 18
used to: 19
(a) Present information obtained at the preliminary intake inquiry; and 20
(b) 1. Develop a diversion agreement that shall: 21
a. i. Require that the child regularly attend school; and 22
ii. For a child against whom a complaint alleging truancy has 23
been filed, require that if the child is absent from school 24
without excuse for four (4) days during a diversion 25
agreement, the child shall immediately be considered to 26
have failed to complete the diversion agreement and 27 UNOFFICIAL COPY 24 RS HB 611/GA
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subsection (9)(b)3. of this section shall immediately apply; 1
and[,] 2
b. [Shall ]Not exceed twelve (12)[six (6)] months in duration, and 3
may include: 4
i[a]. Referral of the child, and family if appropriate, to a public or 5
private entity or person for the provision of identified 6
services to address the complaint or assessed needs; 7
ii[b]. Referral of the child, and family if appropriate, to a 8
community service program within the limitations provided 9
under KRS 635.080(2); 10
iii[c]. Restitution, limited to the actual pecuniary loss suffered by 11
the victim, if the child has the means or ability to make 12
restitution; 13
iv[d]. Notification that the court-designated worker may apply 14
graduated sanctions for failure to comply with the diversion 15
agreement; 16
v[e]. Any other program or effort which reasonably benefits the 17
community and the child; and 18
vi[f]. A plan for monitoring the child's progress and completion of 19
the agreement. 20
2. Prior to developing the diversion agreement, the court designated 21
worker or court designated specialist shall contact the school district that 22
the child attends to obtain background information from school 23
personnel regarding family background, education records, any services 24
previously provided, and any recommended trauma informed strategies. 25
3. Upon developing a diversion agreement, the court designated specialist 26
shall make all details of the agreement accessible to all members of the 27 UNOFFICIAL COPY 24 RS HB 611/GA
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family, accountability, intervention, and response team through an 1
electronic platform provided by the Administrative Office of the Courts; 2
(9) (a) If a child successfully completes a diversion agreement, the underlying 3
complaint shall be dismissed and further action related to that complaint shall 4
be prohibited. 5
(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into 6
a diversion agreement, or fails to complete a diversion agreement, then: 7
1. For a public offense complaint, the matter shall be referred to the county 8
attorney for formal court action and, if a petition is filed, the child may 9
request that the court dismiss the complaint based upon his or her 10
substantial compliance with the terms of diversion; and 11
2. For a status offense complaint, except as provided for in subparagraph 12
3. of this paragraph, the court-designated worker shall refer the matter 13
to the family accountability, intervention, and response team for review 14
and further action; and 15
3. For a status offense complaint alleging truancy for which the child 16
failed diversion in accordance with subsection (8)(b)1.a.ii. of this 17
section, the matter shall immediately be referred to the county attorney 18
for formal court action. 19
(c) If the child enters into a diversion agreement or is referred to the family 20
accountability, intervention, and response team for truancy and there is no 21
action implemented by the family accountability, intervention, and response 22
team within thirty (30)[ninety (90)] days, The family accountability, 23
intervention, and response team shall report to the court the reasons for 24
inaction and shall provide a plan for action on the child's case. The court shall 25
review on the record any diversion agreement and any report, without the 26
attendance or appearance of the child, at regular intervals at the court's 27 UNOFFICIAL COPY 24 RS HB 611/GA
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discretion to verify family accountability, intervention, and response team 1
member attendance, team accountability, and performance. 2
(d) If a child fails to appear for a preliminary intake inquiry or fails to complete a 3
diversion agreement due to lack of parental cooperation, the court-designated 4
worker shall make a determination that the child failed to complete the 5
diversion due to lack of parent cooperation; 6
(10) If a complaint is referred to the court, the complaint and findings of the court-7
designated worker's preliminary intake inquiry shall be submitted to the court for 8
the court to determine whether process should issue; 9
(11) If the court receives a report with a determination that the diversion is failed due to 10
lack of parental cooperation, the court may order parental cooperation and refer the 11
case back to the court-designated worker. The child shall not be detained upon this 12
finding; and 13
(12) At any stage in the proceedings described in this section, the court or the county 14
attorney may review any decision of the court-designated worker. The court upon 15
its own motion or upon written request of the county attorney may refer any 16
complaint for a formal hearing. 17
Section 3. KRS 630.050 is amended to read as follows: 18
Before commencing any judicial proceedings on any complaint alleging the commission 19
of a status offense, except as permitted under subsection (6) of Section 2 of this Act, the 20
party or parties seeking such court action shall meet for a conference with a court-21
designated worker for the express purpose of determining whether or not: 22
(1) To refer the matter to the court by assisting in the filing of a petition under KRS 23
610.020; 24
(2) To refer the child and his family to a public or private social service agency. The 25
court-designated worker shall make reasonable efforts to refer the child and his 26
family to an agency before referring the matter to court; or 27 UNOFFICIAL COPY 24 RS HB 611/GA
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(3) To enter into a diversionary agreement. 1