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JCRPP 3. Juvenile rights

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
II. Title and Scope of Rules
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 3
JCRPP 3. Juvenile rights
A. At the initial appearance the court shall:
1. Inquire whether the child has retained counsel, and if not, appoint counsel and order full access to all records.
2. Inform the child of his or her statutory rights provided in KRS 610.060.
3. Before accepting an admission or confession, make a finding on the record that the admission or confession is knowingly, intelligently and voluntarily entered.
B. Before removing a child from his or her family, the court shall first find on the record that less restrictive alternatives have been attempted, are not available, or are not feasible pursuant to KRS 620.140.
C. The court shall ensure prompt and fair hearings, and inform the parties that the rights of the child belong to the child individually and may not be waived by any other party, pursuant to KRS 610.060.
Commentary
Counsel shall be appointed to a child from the time he/she would first be entitled to counsel, as if an adult, until and unless a determination is made that he is not an indigent person under KRS 31.100(5). See D.R. v. Commonwealth, 64 S.W.3d 292, 296 (Ky. 2001). If the court finds after appointment that the child is not an indigent person, the parents may be ordered to pay for the services subject to the provisions of KRS 31.125. If an attorney is retained for the child who has appointed counsel, the retained attorney may substitute as counsel.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 3, KY ST JUV CT JCRPP Rule 3
Current with amendments received through January 15, 2020.
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