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JCRPP 9. Disposition 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 9
JCRPP 9. Disposition hearing--status offense case
A. The court shall consider all relevant information pertaining to the child.
B. The court shall provide the child, child's attorney, and parent or custodian a written order utilizing the AOC-JV-31, Disposition Order Status Offense, setting forth:
1. The conditions of the order,
2. The consequences of violating the order, and
3. The duration of the order, including the date the order will expire, which shall not exceed the statutory limits.
C. Dispositional Alternatives.
1. The court may not commit any child to the Department of Juvenile Justice for a status offense.
2. The court shall first consider all appropriate local remedies to aid the child and the child's family, including:
a. Community-based, non-secure residential and non-residential treatment programs; and
b. Non-secure public or private education programs accredited by the Kentucky Board of Education and the Non-Public Schools Commission pursuant to KRS 156.160.
3. Commitment. The court may commit to the Cabinet only after all appropriate resources have been found insufficient to adequately address the needs of the child and family, and any order of removal shall include a determination whether:
a. Reasonable efforts have been made to prevent the child's removal from the home; or, that reasonable efforts were not required by state and federal law, and
b. Continuation of the child's residence in the home is contrary to the welfare of the child, or
c. Placement of the child would be in the child's best interest.
Commentary
While there are no time limits on commitment specified in KRS Chapter 630, it is reasonable that the duration of commitment to the Cabinet should not exceed the time limits placed on public offense commitments (12 months for a misdemeanor offense) unless the court makes findings that a longer period of commitment is necessary.
4. A child may be supervised on probation by the parent or custodian, an appropriate third party, or the court, and the terms and duration of probation and consequences for violation shall be in writing provided to the child.
Commentary
While no probation time limits are specified in KRS Chapter 630, it is reasonable that the duration of status offense probation should not exceed the time limits placed on public offense probation (six (6) months, extended to 12 months if necessary for treatment) unless the court makes findings as to the necessity for a longer period of probation.
5. Finality. A status offense case shall be considered final 30 days after the case is no longer pending. On post-disposition matters a case is “pending” based on the terms set forth in the disposition order, not to exceed the statutory limits. The case shall be considered final no later than 30 days after completion of the terms. Once the case is final the case may not be reopened for any purpose including contempt proceedings.
6. Duties of the clerk. The clerk shall enter information regarding the disposition of the case in the court record, including but not limited to the terms and conditions ordered by the court and the duration of the order.

Credits

HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 9, KY ST JUV CT JCRPP Rule 9
Current with amendments received through August 1, 2020.
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