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JCRPP 18. Contempt proceedings for violation of a valid court order and direct contempt

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 18
JCRPP 18. Contempt proceedings for violation of a valid court order and direct contempt
A. The court designated worker shall not accept a complaint or process a charge alleging contempt for a violation of a valid court order in a status offense case; violation of terms or conditions of an order in a public offense case; or, for probation violation.
Commentary
Contempt is neither a status nor a public offense. KRS 600.020(65) and (51). The court designated worker is authorized to process “complaints” which allege either a public or status offense. KRS 600.020(15). Allegations must be sufficient to initiate formal court action. Contempt is not an offense which initiates a formal court action since the child is already in court.
B. Setting Conditions in Status Offense Cases; Valid Court Order.
1. A court may issue a valid court order or orders setting conditions pending further hearing; as part of an informal adjustment; or for any other reason during the pendency of a case.
2. A “valid court order” as defined in KRS 600.020(69) only applies in a status offense case when:
a. The child is before the court;
b. The order regulates future conduct;
c. The child was given written and verbal warning of the consequences of violation at the time the order was issued;
d. The child's attorney or parents or legal guardian was provided with written notice of the consequences of violation of the order; and
e. The child was given full due process rights guaranteed by the Constitution of the United States.
C. Contempt in Status Offense Cases.
1. Contempt for violation of a valid court order.
a. Before making a finding of contempt for violation of conditions of a valid court order the court shall conduct a hearing to determine whether the child violated the valid court order.
b. Upon a finding that the child violated the valid court order the court shall first levy graduated sanctions unless none are available and the child is an immediate threat to himself or others.
c. If the court finds that graduated sanctions have previously been imposed, or finds that no graduated sanctions are available and the child is an immediate threat to himself or others, then the court may impose a sanction of up to 30 days of detention.
d. Prior to ordering the child to be securely detained because he or she violated a valid court order pursuant to KRS 610.265(3)(d), the court shall order a written report prepared by an appropriate public agency concerning the behavior of the child, why he or she was brought before the court, and state whether all alternatives short of secure detention have been exhausted or are inappropriate. This information shall be included in the court's written detention order.
2. Direct contempt. A finding of direct contempt shall only be issued for acts of defiance or inappropriate conduct toward the court.
3. Any detention ordered as a result of direct or indirect contempt shall not exceed 30 days of detention. KRS 600.060 and 635.055.
D. Setting Conditions in Public Offense Cases.
A court may issue an order or orders setting conditions as part of release pending further hearing; as part of an informal adjustment; as part of a grant of probation; as part of a probated commitment; as part of court-monitored probation; or for any other reason during the pendency of a case.
E. Contempt in Public Offense Cases.
1. Contempt for pre- or post- disposition violation of court-ordered terms or conditions or violation of probation.
a. Before making a finding of contempt for violation of terms or conditions of a court order, either pre- or post-disposition, the court shall conduct a hearing to determine whether the child violated the order.
b. Upon a finding that the child violated the order the court shall first levy graduated sanctions unless none are available and the child is an immediate threat to himself or others.
c. If the court finds that graduated sanctions have previously been imposed, or finds that no graduated sanctions are available and the child is an immediate threat to himself or others, then the court may impose a sanction of up to 30 days of detention.
2. Direct contempt. A finding of direct contempt shall only be issued for acts of defiance or inappropriate conduct toward the court.
3. Any detention ordered as a result of direct or indirect contempt shall not exceed 30 days of detention. KRS 600.060 and 635.055.
F. If the child's case is informally adjusted then,
1. Violations of the conditions of informal adjustment shall be subject to the consequences agreed upon when the court entered the terms for the informal adjustment, and shall not be subject to contempt.
2. A finding of direct contempt may be issued for acts of defiance or inappropriate conduct toward the court. Any detention ordered shall not exceed 30 days. KRS 600.060.
Commentary
The inherent contempt power of the court is not diminished by the statutes referenced in the JCRPP because the statutory language simply defines the process to be applied in a dispositional option under KRS 635.060, and sets a timeframe for the imposition of detention for contempt. As a matter of policy the graduated sanctions that are to be applied to children on probation shall also be applied by the court on pendente lite orders.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 18, KY ST JUV CT JCRPP Rule 18
Current with amendments received through May 1, 2020.
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