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JCRPP 8. Adjudication hearing--status offense case

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 8
JCRPP 8. Adjudication hearing--status offense case
A record shall be made of all adjudication hearings utilizing the AOC-JV-50, Adjudication Order (Public and Status Offense), which shall include the following, as applicable:
A. Dismissal. Upon motion of the county attorney a status offense case may be dismissed at any time prior to or at the adjudication hearing.
B. Admission. Prior to accepting an admission or confession from a child to the truthfulness of the allegations in the petition or any amendments thereto, the court shall inform the child of his or her rights on the record and present AOC-JV-49, Notice of Juvenile Rights and Consequences, and shall make a finding that the admission or confession is knowingly, intelligently and voluntarily entered. Any admission shall be made utilizing the AOC-JV-51, Admission or Confession and Waiver of Formal Adjudication Hearing, and shall be signed by the child and counsel for the child, and shall be signed as having seen and agreed by the county attorney.
C. Hearing. The court shall conduct an evidentiary hearing unless the case has been dismissed or the court has accepted an admission or confession.
1. The court shall make a written finding that the allegations in the petition are true and set the case for disposition; or
2. The court shall make a written finding that the allegations in the petition are not proven and the case shall be dismissed.
3. The court shall advise the child of his or her right to have the juvenile court record expunged pursuant to KRS 610.330.
D. Predisposition Investigation Report. KRS 610.080 and 610.100.
1. The court shall order a predisposition investigation report (PDI) if a suitable prior PDI is not available, unless appropriately waived by the child.
a. The court shall order the PDI to be prepared by the Cabinet if commitment to the Cabinet is being considered and the PDI may not be waived without consent of the Cabinet; or
b. At the discretion of the court, the PDI may be prepared by a suitable public or private agency if commitment is not being considered.
c. The PDI shall be provided to the court and counsel for the parties three (3) days prior to the disposition hearing, unless the three-day period has been waived; and
d. The parties shall be afforded the opportunity to examine and controvert the report; and
e. The report shall be filed in the record.
Commentary
A prior report is “suitable” if the court determines on the record that it is both timely and relevant.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 8, KY ST JUV CT JCRPP Rule 8
Current with amendments received through January 15, 2020.
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