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AN ACT relating to juvenile justice. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 610.345 is amended to read as follows: 3
(1) When a child is adjudicated guilty of an offense which classifies him or her as a 4
youthful offender, the [judge in the court in which the matter was tried shall direct 5
the ]clerk shall[to] notify the superintendent of the public school district in which 6
the child is enrolled or the principal of any private elementary or secondary school 7
which the child attends of the adjudication and the petition and disposition of the 8
case.[ The name of the complainant shall be deleted. The court shall direct the 9
appropriate prosecuting entity to give the school district or the school a statement of 10
facts in the case. The superintendent shall notify the principal of the school in 11
which the child is enrolled.] 12
(2) When a child is adjudicated guilty of an offense which would classify him or her as 13
a violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A, 14
508, 510, or 527 if committed by an adult, but which would not classify him or her 15
as a youthful offender, the [judge in the court in which the matter was tried shall 16
direct the ]clerk shall[to] notify [within five (5) days of the order ]the 17
superintendent of the public school district in which the child is enrolled or the 18
principal of any private elementary or secondary school which the child attends of 19
the charge, the adjudication, and the disposition of the case.[ The name of the 20
complainant shall be deleted. The court shall authorize the county attorney to give 21
the school district or the school a statement of facts in the case. The superintendent 22
shall notify the principal of the school in which the child is enrolled.] 23
(3) When a court-designated worker receives notice that a county attorney has made 24
a determination pursuant to KRS 635.010(1) that probable cause exists to file a 25
public offense petition alleging that the child committed an offense that, if 26
committed by an adult, would be a: 27 UNOFFICIAL COPY 24 RS BR 445
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(a) Felony; or 1
(b) Misdemeanor involving: 2
1. A controlled substance; 3
2. The possession, carrying, or use of a deadly weapon; 4
3. Physical injury to another person; 5
4. Sexual contact; 6
5. Sexual intercourse; or 7
6. Deviate sexual intercourse; 8
the court-designated worker shall notify the superintendent of the public school 9
district in which the child is enrolled or the principal of any private elementary or 10
secondary school which the child attends of the charge. If the complaint is 11
successfully diverted, the court-designated worker shall notify the superintendent 12
or the principal of the successful diversion, and all records of the incident or 13
notification created in the school district or the school under this subsection shall 14
be destroyed and shall not be included in the child's school records. 15
(4) When [petition is filed against a child, or ]a child is adjudicated guilty of an offense 16
that meets the criteria set forth in subsection (3)(a) or (b) of this section, [would 17
be a felony or misdemeanor if committed by an adult, and the misdemeanor 18
involves a controlled substance or the possession, carrying, or use of a deadly 19
weapon, or physical injury to another person, the judge in the court in which the 20
matter is considered shall direct ]the clerk shall [to ]notify the superintendent of the 21
public school district in which the child is enrolled or the principal of any private 22
elementary or secondary school that the child attends of the charge, the 23
adjudication, and the disposition of the case. If the petition is dismissed or 24
informally adjusted, the clerk shall notify the superintendent or the principal of 25
the disposition, and all records of the incident or notification created in the 26
school district or the school under this subsection shall be destroyed and shall not 27 UNOFFICIAL COPY 24 RS BR 445
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be included in the child's school records. 1
(5) The notifications required in subsection (1) to (4) of this section[notification] shall 2
be made within twenty-four (24) hours of the county attorney's determination 3
pursuant to KRS 635.010(1), successful completion of diversion, or entry of the 4
court order[time when the petition is filed]. The name of the complainant shall be 5
deleted. The[ court shall authorize the] county attorney may, upon request by[to 6
give] the school district or the school, provide a statement of the facts in the case, 7
not to include the complainant's name.[ If the petition is dismissed, all records of 8
the incident or notification created in the school district or the school under this 9
subsection shall be destroyed, and shall not be included in the child's school 10
records.] 11
(6)[(4)] Notice[ of adjudication] to a district superintendent referenced in subsections 12
(1) to (4)[(2) and (3)] of this section shall be released by the superintendent to the 13
principal of the school in which the child is enrolled. A principal of a public or 14
private school receiving notice[ of adjudication] shall release the information to 15
employees of the school having responsibility for classroom instruction or 16
counseling of the child and may release it to other school personnel as described in 17
subsection (7)[(5)] of this section, but the information shall otherwise be 18
confidential and shall not be shared by school personnel with any other person or 19
agency except as may otherwise be required by law. The notification in writing of 20
the nature of the offense committed by the child and any probation requirements 21
shall not become a part of the child's student record. 22
(7)[(5)] Records or information disclosed pursuant to this section shall be limited to 23
records of that student's criminal petition and the disposition thereof covered by this 24
section, shall be subject to the provisions of KRS 610.320 and 610.340, and shall 25
not be disclosed to any other person, including school personnel, except to a district 26
superintendent, public or private elementary and secondary school administrative, 27 UNOFFICIAL COPY 24 RS BR 445
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transportation, and counseling personnel, and to any teacher or school employee 1
with whom the student may come in contact. This section shall not authorize the 2
disclosure of any other juvenile record or information relating to the child. 3
(8)[(6)] The Department of Juvenile Justice shall provide a child's offense history 4
information pursuant to this section to the superintendent of the local school district 5
in which the child, who is committed to the department, is placed. 6
(9)[(7)] Records or information received by the school pursuant to this section shall be 7
kept in a locked file, when not in use, to be opened only on permission of the 8
administrator. 9