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JCRPP 10. Pre-petition process in public offense cases

Baldwin's Kentucky Revised Statutes AnnotatedJuvenile Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Juvenile Court Rules of Procedure and Practice
IV. Process in Public Offense Cases
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 10
JCRPP 10. Pre-petition process in public offense cases
A. Public Offense Complaint. Any public offense complaint received by the court designated worker shall be on AOC-JW-58, Juvenile Complaint (Public Offense), and shall include:
1. The name, address and identifying information of the child, the parent or custodian, and the complainant,
2. The sworn statement of the complainant, and
3. Any other information required by KRS 610.020.
B. Complete Complaint. Any incomplete complaint shall be returned to the complainant by the court designated worker for additional information.
C. Reasonable Grounds Review--Peace Officer. If a peace officer has issued a citation or has taken a child into custody, the complaint shall state the charges in the citation and the county attorney shall make a reasonable grounds determination whether the alleged facts constitute a public offense.
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.
2. If reasonable grounds exist and the county attorney elects to proceed with the complaint, the county attorney shall so indicate on the complaint form.
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:
a. The child is statutorily entitled (mandatory) to diversion under KRS 635.010(4);
b. The child is eligible for diversion for a misdemeanor under KRS 605.030(1)(e) and a diversion agreement is recommended;
c. The child is eligible for diversion on a felony offense that did not involve the commission of a sexual offense or the use of a deadly weapon unless the county attorney has objected to diversion in the case in writing on AOC-JW-12, Public Offense Recommendation to County Attorney; or
d. The child is not eligible for diversion.
4. Mandatory Diversion. If the child meets the criteria for mandatory diversion, no petition shall be filed unless the child declines diversion, fails diversion, or the child denies the allegations and demands a formal court hearing.
5. Notice of Diversion Recommendation. In all diversion cases the court designated worker shall advise the complainant, any victim, and the law enforcement agency with jurisdiction of the offense of the reasons for the diversion recommendation in writing.
6. Formal Conference. In all diversion cases the court designated worker shall proceed with a formal conference and enter into a diversion agreement with the child; and may make a referral to the FAIR team when appropriate.
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.
E. Diversion Agreement.
1. Mandatory Diversion. If a child is charged with a misdemeanor and has had no prior adjudications and no prior diversions the court designated worker shall enter into a diversion agreement with the child unless the child declines diversion.
2. Permissive Diversion. If a child is eligible for diversion and the county attorney has not objected to diversion, the court designated worker shall enter into a diversion agreement with the child unless the child declines diversion.
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.
3. If the child successfully completes the terms of the diversion agreement the court designated worker shall close the case with no official court record having been created.
4. If the child fails to successfully complete the terms of the diversion agreement the court designated worker shall notify the county attorney who shall then determine whether to file a petition. KRS 610.030(9)(b)(1).
F. Family Accountability, Intervention, and Response (FAIR) Team. Referral to the FAIR team for enhanced case management may occur:
1. Pre-Petition. When the assessment administered by the court designated worker indicates that referral to the FAIR team is appropriate.
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 August 1, 2020.
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