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JCRPP 4. Pre-petition process in status 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
III. Process in Status Offense Cases
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 4
JCRPP 4. Pre-petition process in status offense cases
A. Status Offense Complaint. Any status offense complaint shall be received by the court designated worker on AOC-JW-57, Juvenile Complaint (Status 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, as well as any other information required by KRS 610.020, and
3. Shall be accompanied by the appropriate AOC forms completed by the complainant:
a. Habitual truancy: AOC-JV-41, Affidavit and Truancy Evaluation, in compliance with KRS 159.140.
b. Beyond control of school: AOC-JV-38.1, Affidavit and Beyond Control of School Evaluation.
c. Beyond control of parent: AOC-JV-38, Affidavit and Beyond Control of Parent Evaluation.
d. Habitual runaway: AOC-JW-39, Pre-Adjudicative Detention Criteria, if applicable, with attachments.
B. Complete Complaint. Any incomplete complaint shall be returned to the complainant by the court designated worker for additional information.
C. Preliminary Intake Inquiry/Formal Conference. After the complaint is complete, the court designated worker shall conduct a preliminary intake inquiry with the child which shall include administering an evidence-based screening tool, and upon completion may:
1. Determine that no further action be taken and give notice and an opportunity to review that determination to the family accountability, intervention, and response (FAIR) team. KRS 610.030(6); or
2. Conduct a formal conference and enter into a diversion agreement.
D. Diversion Agreement. A child eligible for diversion may enter into a diversion agreement pursuant to KRS 610.030(6)(d).
1. If the child declines a diversion agreement or the needs of the child require, the court designated worker shall refer the matter to the FAIR team;
2. If the child denies the allegations and demands a formal court hearing or does not qualify for diversion, the court designated worker shall refer the complaint to the county attorney to file a formal petition or to dismiss the case.
3. No petition shall be filed in a diversion case unless:
a. The case is referred to the county attorney by the FAIR team,
b. The child is not diversion eligible, or
c. The child denies the allegations and demands a formal court hearing.
Commentary
The court designated worker shall conduct a preliminary intake inquiry to determine whether further action must be taken in the best interest of the child and public, because the county attorney is no longer authorized to conduct a reasonable grounds review. Public offense cases, on the other hand, still require an initial probable cause, or reasonable grounds, review.
4. 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.
E. Family Accountability, Intervention, and Response (FAIR) Team. The FAIR team shall conduct enhanced case management only upon referral by the court designated worker, as follows:
1. When the risk and needs assessment indicates high risk;
2. When the child fails to appear for a preliminary intake inquiry or a later conference;
3. When the child declines to enter into a diversion agreement;
4. When the child fails to complete a diversion agreement; or
5. If appropriate, after consultation with the school's director of pupil personnel (DPP), who shall complete AOC-JV-41 in accordance with the documentation and assessment requirements of KRS 630.060(2); KRS 159.140(1)(c), (d), and (f); KRS 159.140(3).

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 4, KY ST JUV CT JCRPP Rule 4
Current with amendments received through August 1, 2020.
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