JCRPP 10. Pre-petition process in public offense cases
Baldwin's Kentucky Revised Statutes AnnotatedJuvenile Court Rules of Procedure and Practice
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 10
JCRPP 10. Pre-petition process in public offense cases
1. If reasonable grounds do not exist or the county attorney elects not to proceed, the county attorney shall dismiss the complaint and mark the appropriate box on the complaint form. The court designated worker shall close the complaint file and inform the complainant that no further action will be taken. KRS 635.010.
3. Preliminary Intake Inquiry. If the county attorney finds reasonable grounds exist and does not elect to dismiss the complaint, the court designated worker shall conduct a preliminary intake inquiry with the child, including administering an evidence-based screening tool, and make recommendations to the county attorney as follows:
D. Reasonable Grounds Review--Third Party. If a third party who is not a peace officer files a complaint, the court designated worker shall submit the complaint to the county attorney who shall make a reasonable grounds review, and if reasonable grounds exist, determine the appropriate charge(s) as a result of the facts alleged in the complaint, and the court designated worker shall proceed pursuant to Subsection C. above.
Commentary
The county attorney retains discretion in public offense cases that are not mandatory diversion cases (permissive diversion cases) to object to diversion and file a petition. If the county attorney does not object to the diversion in writing, and the child enters into a diversion agreement, then diversion is no longer a mere recommendation from the court designated worker. The child can reasonably rely on the opportunity to complete diversion and have the complaint file closed as diverted. The FAIR team may be utilized at any time during the diversion process.
2. Post-Petition. When there has been an informal adjustment pursuant to JCRPP 16 but the court refers the case to the court designated worker for diversion under KRS 610.105(3)(a) and the assessment administered by the court designated worker indicates that referral to the FAIR team is appropriate.
Commentary
Diversion through the court designated worker is by definition pre-petition diversion. Only when a child is participating in an informal adjustment and did not participate in a pre-petition diversion agreement may the court refer the child to the court designated worker for diversion if no other diversion programs are available. In the event such a diversion referral is part of an informal adjustment, the court designated worker may refer the case to the FAIR team.
Credits
HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 10, KY ST JUV CT JCRPP Rule 10
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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