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
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 18
JCRPP 18. Contempt proceedings for violation of a valid court order and direct contempt
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.
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.
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.
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 June 1, 2023. Some sections may be more current, see credits for details.
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