Kentucky SB 162: AN ACT relating to reorganization. Amend KRS 18A.025 to add the Division of Technology Services, Division of Human Resources, and Division of Financial Services to the Office of Administrative Services in the Office of the Secretary; rename the Office of Diversity and Equality the Office of Diversity, Equality, and Training; rename the Center for Strategic Innovation the Office of Public Affairs; abolish the Division of Technology Services in the Department of Human Resources Administration; amend KRS 12.020 to conform; confirm Executive Order 2016-555.

Bill Text

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AN ACT relating to children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 17.125 is amended to read as follows: 3
(1) The following agencies are parts of Kentucky's juvenile justice system and shall, 4
subject to restrictions imposed by state or federal law, disclose and share with each 5
other all information they maintain on a juvenile in a facility or program or informal 6
adjustment authorized by law: 7
(a) All sheriff's offices, police departments, and any other law enforcement 8
agency; 9
(b) All Commonwealth's attorneys and county attorneys; 10
(c) The Attorney General; 11
(d) All jails and juvenile detention facilities, public and private; 12
(e) All courts and clerks of courts; 13
(f) The Administrative Office of the Courts; 14
(g) All departments within the Justice and Public Safety Cabinet; and 15
(h) All departments within the Cabinet for Health and Family Services[; and 16
(i) All family accountability, intervention, and response teams]. 17
(2) Except as provided in this section, all information shared by agencies specified 18
above shall be subject to applicable confidentiality disclosure, redisclosure, and 19
access restrictions imposed by federal or state law. 20
(3) Once a complaint is filed with a court-designated worker alleging that a child has 21
committed a status offense or public offense, all public or private elementary or 22
secondary schools, vocational or business schools, or institutions of higher 23
education shall provide all records specifically requested in writing, and pertaining 24
to that child, to any of the agencies listed in subsection (1) of this section. Pursuant 25
to the authority granted to the Commonwealth under the Family Educational Rights 26
and Privacy Act, 20 U.S.C. sec. 1232g, when this section refers to the release of 27

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educational records, the purpose of the release shall be limited to providing the 1
juvenile justice system with the ability to effectively serve, prior to adjudication, the 2
needs of the student whose records are sought. The authorities to which the data are 3
released shall certify that any educational records obtained pursuant to this section 4
shall only be released to persons authorized by statute and shall not be released to 5
any other person without the written consent of the parent of the child. The request, 6
certification, and a record of the release shall be maintained in the student's file. 7
(4) Any request for records, the provision of records, the sharing of records, the 8
disclosure of records, or the redisclosure of records shall be done for official 9
purposes only, on a bona fide need to know basis, and only in connection with a 10
legitimate investigation, prosecution, treatment program, or educational program. 11
(5) Information and records relating to pending litigation in Circuit Court, District 12
Court, or a federal court and information and records relating to an ongoing 13
investigation are not subject to disclosure or sharing under this section. 14
(6) Obtaining or attempting to obtain a record relating to a minor or by sharing or 15
attempting to share a record relating to a minor with an unauthorized person is a 16
violation of this section. 17
Section 2. KRS 158.135 is amended to read as follows: 18
(1) As used in this section, unless the context otherwise requires: 19
(a) "State agency children" means: 20
1. a. Those children of school age committed to or in custody of the 21
Cabinet for Health and Family Services and placed, or financed by 22
the cabinet, in a Cabinet for Health and Family Services operated 23
or contracted institution, treatment center, facility, including those 24
for therapeutic foster care and excluding those for nontherapeutic 25
foster care; or 26
b. Those children placed or financed by the Cabinet for Health and 27

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Family Services in a private facility pursuant to child care 1
agreements including those for therapeutic foster care and 2
excluding those for nontherapeutic foster care; 3
2. Those children of school age in home and community-based services 4
provided as an alternative to intermediate care facility services for the 5
intellectually disabled; 6
3. Those children committed to or in custody of the Department of 7
Juvenile Justice and placed in a department operated or contracted 8
facility or program; and 9
4. Those children referred by a court-designated worker as defined in 10
KRS 600.020[family accountability, intervention, and response team as 11
described in KRS 605.035] and admitted to a Department of Juvenile 12
Justice operated or contracted day treatment program; 13
(b) "Current costs and expenses" means all expenditures, other than for capi