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15A.0651 Access to juvenile facility records -- When permitted -- Appeal of denial.

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Page 1 of 1 15A.0651 Access to juvenile facility records -- When permitted -- Appeal of denial. (1) As used in this section, &quot;juvenile facility&quot; means any facility wherein a juvenile or other person under the authority of the Department of Juvenile Justice is confined. (2) KRS 61.870 to 61.884 to the contrary notwithstanding, a person shall not have access to a record if its disclosure is deemed by the commissioner of the <br>Department of Juvenile Justice or his or her designee to constitute a threat to the <br>security of the juvenile, the juvenile facility, or any other person. (3) KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any person confined in a <br>juvenile facility or any individual on active supervision under the jurisdiction of the <br>department, unless the request is for a record that contains a specific reference to the <br>individual making the request. (4) KRS 61.870 to 61.884 to the contrary notwithstanding, if a person confined in a juvenile facility wishes to challenge a denial of a request to inspect a public record, <br>he or she shall mail or otherwise send the appropriate documents to the Attorney <br>General within twenty (20) days of the denial pursuant to the procedures set out in <br>KRS 61.880(2) before an appeal can be filed in a Circuit Court. (5) KRS 61.870 to 61.884 to the contrary notwithstanding, all records relating to juvenile detention containing information expunged pursuant to law shall not be <br>open to the public. (6) KRS 61.870 to 61.884 to the contrary notwithstanding, upon receipt of a request for a record, the department shall respond to the request within five (5) days after <br>receipt of the request, excepting Saturdays, Sundays, and legal holidays, and shall <br>state whether the record may be inspected or may not be inspected, or that the <br>record is unavailable and when the record is expected to be available. (7) Nothing in this section shall authorize the department to deny any attorney representing a juvenile access to any record to which the attorney or the juvenile <br>would otherwise be entitled. Effective: July 15, 2010 <br>History: Created 2010 Ky. Acts ch. 74, sec. 1, effective July 15, 2010.