500 KAR 13:020. Internal Investigations Branch. “Excessive physical contact" replaces “excessive force" and “inappropriate physical contact" replaces “inappropriate force" and both new terms are defined. Five possible findings are grouped together under “findings" in the definition section. The types of incidents now include serious incidents and special incidents. A preliminary inquiry or investigation must be opened for serious incidents, which include excessive or inappropriate physical contact, sexual activity, unlawful transaction with a minor, or any other illegal activity. A preliminary inquiry or investigation may be started and include the failure to provide appropriate supervision, use of inappropriate consequences, use of inappropriate language, harassment, and the granting of unearned privileges. The allegation of sexual activity involving a youth now includes sexual activity, as well as contact or interactions which uses or allows, permits or encourages the use of youth for the sexual gratification of the offender or another person. The amendment addresses sexual activity on, against, involving or in the presence of a youth and includes any contact or interaction that uses, permits, disregards or encourages the use or exploitation of a youth for the sexual gratification of the offender or another person. Entering into an unlawful transaction with a youth has been expanded to include permitting, inducing, assisting, or causing a youth to engage in conduct listed in KRS 530.064, 065 or 070, or any illegal activity. Using or attempting to use a youth for personal gain has been expanded to include use or attempted use for the offender or any other person's personal gain or self-interest. Accepting or soliciting a bribe from a youth or indicating a bribe would be accepted has been expanded to include bribes or other quid pro quo, from the youth and the youth's family. Extending unearned special privileges to a youth in return for something has been expanded to extending, offering, agreeing to extend or offer, an unearned special privilege to a youth in exchange for money, tangible property, intangible property, services or any other value paid, delivered or agreed to be delivered to the offender or any other person by a youth. Use of verbal threats or harm directed at a youth has been expanded to the use of threats or otherwise communicating or indicating to a youth that by either act or omission, an offender will cause or permit another to physically harm that youth. Using humiliating, demeaning, profane or racially charged language directed at youth has been expanded to humiliating, demeaning, profane, racially charged or sexually explicit language directed at a youth, or use of any language that discriminates against a youth based upon a youth's status regarding race, color, religion or creed, national origin or ancestry, sex, gender, pregnancy, sexual orientation, or gender identity. Entering into a business relationship with a youth has been removed. The regulation adds that the toll free number for youth and staff to reports incidents will be answered by IIB during normal business hours, and lists the normal business hours. The regulation expands the description for handling the voice mailbox system for incidents reported after business hours. If the safety of youth is involved, IIB will take immediate action, but otherwise action will be taken the next business day. If IIB receives a report of a serious incident, IIB shall either conduct a preliminary inquiry or open an investigation. If a report of a special incident is received, IIB has the option of conducting a preliminary inquiry, conducting a full investigation, or forwarding the complaint to DJJ or another appropriate authority for an investigation. If the report indicates a youth is in imminent danger of physical harm or injury, the time frame for initiating an investigation has been moved from within 1 hour to a requirement that a preliminary inquiry or investigation be initiated immediately, including ensuring the safety of the alleged victim and any other youth with whom the offender may have contact and the retention of evidence. Section 5 is removed with portions of it added to other sections. Youth is changed to juvenile throughout. The IIB-2 Special Incident Report is deleted from material incorporated by reference and intake is used instead of a specific form. A public hearing on this administrative regulation will be held on December 21, 2023, at 9:00am at the Justice and Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. Written comments will be accepted through December 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to Justice & Public Safety Cabinet, ATTN: Regulations, Office of Legal Services, 125 Holmes St., Frankfort, KY 40601, or Justice.RegsContact@ky.gov.