Request By:
Mr. Wayne T. Rutherford
Pike County Judge/Executive
Courthouse - Main Street
Pikeville, Kentucky 41501
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
As of January 1, 1978, you ask whether the fiscal court will have to continue to provide a juvenile detention center.
The fiscal court will still be responsible for providing a county jail [KRS 67.080(4)] and its upkeep [KRS 67.130]. See KRS 208.120, where county jail is used to detain juveniles. It is our opinion that the fiscal court will continue to be primarily responsible for providing suitable facilities, and the maintenance thereof, for the custody and care of children held in custody pending disposition of their cases by juvenile court. Under KRS 208.130(3), in counties other than those containing a city of the first or second class, the fiscal court shall either maintain a detention home or arrange for the use of private or family homes. the Department for Human Resources, however, may assist the counties in the acquisition, development and furnishing of detention facilities, and may employ available funds for that purpose. See KRS 208.130(4). Note the latter provision depends upon an appropriation of the General Assembly. You should check with that department as to availability of any state appropriations for that purpose.