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JCRPP 16. Informal adjustment--status and 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 16
JCRPP 16. Informal adjustment--status and public offense cases
Upon the motion of any party, as an alternative to formal proceedings and after finding that it is in the best interest of the child, a case may be resolved by informal adjustment as defined under KRS 600.020(36) and authorized by KRS 610.105.
A. The moving party shall give notice of the motion for informal adjustment to the child, child's attorney, county attorney, victim, and any other persons entitled to notice pursuant to KRS 610.070 as appropriate.
B. The court shall explain to the child on the record his or her rights and the charge, and shall have the child sign as received the Notice of Juvenile Rights and Consequences, AOC-JV-49.
C. The parties must enter an agreement setting forth the required actions of the child and consequences for failure to comply using the AOC-JV-53, Informal Adjustment Agreement and Order. KRS 600.020(36).
D. If an informal adjustment occurs after adjudication but prior to disposition, the court shall set the adjudication aside and proceed with the informal adjustment. KRS 610.105.
Commentary
The definition section of KRS 600.020 states that an informal adjustment must occur prior to formal adjudication and disposition. However, KRS 610.105, a new amendment to the Juvenile Code states that informal adjustment may occur after adjudication. Thus it is now clear that informal adjustment can be an alternative disposition any time prior to formal disposition, including after formal adjudication. Therefore, if an adjudication has occurred in a case which the parties have agreed to informally adjust, the formal adjudication must be set aside as per the above rule. Banishment is not an option. See Q.M. v. Commonwealth, 459 S.W.3d 360 (Ky. 2015).
E. An informal adjustment order must be entered using the AOC-JV-53, Informal Adjustment Agreement and Order, and may include, in the best interest of the child, any terms appropriate to resolve the issues before the court, including but not limited to:
1. Placing the child on community supervision or monitoring by the court, not to exceed six (6) months unless waived by the child; or
2. Referral of the case to diversion other than any diversion program in which the child has participated prior to the filing of the petition.
3. An informal adjustment case can only be referred to the court designated worker diversion program if the child has not previously entered into a pre-petition diversion agreement on the current charge and no other diversion programs are available; the court designated worker may refer the case to the FAIR team as appropriate.
4. If the informal adjustment includes diversion, which is unsuccessful, the case shall be returned to the court for further action.
F. The child shall be returned to the court upon failure to complete an informal adjustment agreement for imposition of graduated sanctions or the agreed upon consequences. The AOC-JV-53.1, Informal Adjustment Review and Order Redocketing or Order of Dismissal, shall be used for this purpose.
G. Unless otherwise ordered by the court, the informal adjustment shall be re-docketed six (6) months after entry of the informal adjustment agreement order for review to determine if the terms of the informal adjustment are complete. The AOC-JV-53.1, Informal Adjustment Review and Order Redocketing or Order of Dismissal, shall be used for this purpose.
H. Upon completion of the terms of the informal adjustment, an order shall be entered stating that the case has been informally adjusted and is dismissed.
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 of such a diversion referral as part of an informal adjustment, the court designated worker may refer the case to the FAIR team. The rationale behind this is that the court designated worker diversion program is a limited resource that is designed to divert children from ever entering the formal court process. For that reason, it should be used in a very limited manner, as set forth in these rules, for post-petition matters.
Also, mere failure to complete the terms of an informal adjustment agreement does not automatically rise to the level of contempt. While the court may still detain for violation of a valid court order, the court is required to use graduated sanctions before it may detain a child. Logically this means that contempt orders are reserved for direct contempt for acts of actual defiance or disrespect for the court.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 16, KY ST JUV CT JCRPP Rule 16
Current with amendments received through May 1, 2020.
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