Request By:
Ms. Suzanne Jett, Director
Lexington Fayette Urban County Government
Juvenile Division
Fayette Quarterly Court
302 West Main Street
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
We apologize for the delay in responding to your letter to the Office of the Attorny General regarding KRS 208.110(4). The questions you presented are as follows:
1. Has a definition been rendered or have standards been established for a "court approved center" as stated under Section (4)(a)?
2. Has "other responsible adult" been further defined?
3. Would it be permissible for the "other responsible adult" to be a person employed by the court approved center who is willing to accept responsibility for the child?
4. Have any "court established guidelines, " as stated under (c), been set forth, including standards and required procedures for release of a child to a "court approved center?"
You also ask to be sent any information this office had on juvenile diversionary programs in other states.
KRS 208.110(4) reads as follows:
"(4) The peace officer may, in lieu of following the procedure set forth in subsection (3) of this section, take a child to a court approved center offering voluntary services to children and release the child without formal charges being filed, provided that the offense the child has allegedly committed under the provisions of KRS 208.020(1)(a), (b) or (c):
(a) is not a felony offense; and
(b) the peace officer has received the permission of the parent or other responsible adult; and
(c) has followed guidelines which the court has established for such release."
This provision came into being in the regular session of the 1976 General Assembly. To our knowledge this provision has not been considered by our appellate courts nor has this office had the occasion to render an opinion concerning it. We would be quite surprised if the provision is widely known about, let alone utilized.
In view of the above, the answer to each of your questions effectively is no. We have been unable to track down any definition that has been established for "court approved center." Likewise, neither have we seen or heard of a definition for "other responsible adult. " However, in this regard we believe statutory construction lends to interpreting this term to cover individuals with a like sense of responsibility as vested to a parent. The language is "parent or other responsible adult. " KRS 208.110(4)(b). Any number of references could be made to other juvenile court statutes where reference is made to parents, guardian, custodian or even relative. For example, KRS 208.020(1)(b), KRS 208.060(3), KRS 208.235. Note that the "other responsible adult" language is used in KRS 208.192 regarding a detention hearing.
As to your third question, we really do not believe this provision, KRS 208.110(4)(b), was intended to be expanded to a court-appointed or employed surrogate parent type of individual. There is just too much difference between a "parent" and a person employed by the court-approved center to say that the permission of either permit the peace officer to use the diversionary practice authorized by the statute.
Lastly, we again are unaware of any "court established guidelines. " Each district court or its juvenile session would have to establish its own guidelines. We have checked with the Administrative Office of the Courts and elsewhere and are unaware that any such guidelines have been formally developed by any of the district courts.
Also, we do not have access to information regarding the existence of diversionary programs in other states. May we say that if your court develops standards and guidelines concerning these terms and the other provisions of this statute, we would greatly appreciate receiving a copy of them.