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Rule 8. Status offenses

Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court

Baldwin's Kentucky Revised Statutes Annotated
16th Judicial Circuit - Kenton Family Court
KY RKFC Rule 8
Rule 8. Status offenses
801. General Provisions
For uniform statewide rules relating to status offenses, see FCRPP 37 through FCRPP 44 for rules which shall also apply in Kenton County.
802. Petition
802.01. A Complaint pursuant to KRS Chapter 630. Status Offenders, shall be filed with the Court Designated Workers, located in the Kenton District Court building, by any adult who has a reasonable basis to lodge such complaint. Pursuant to FCRPP 40, the following documents are required to be filed:
a. Every petition shall be accompanied by the AOC-JW-40, Preliminary Inquiry Formal/Informal Processing Criteria and Recommendations; and where diversion has been attempted pursuant to KRS 630.050, shall also include an AOC-/JW-40.1, Unsuccessful Diversion Agreement, which includes preliminary intake inquiry findings.
b. A habitual truancy petition shall be accompanied by AOC-JV-41, Affidavit and Truancy Evaluation Form and in compliance with KRS 159.140.
c. A beyond control of school petition shall be accompanied by AOC-JV-38.1, Affidavit and Beyond Control of School Evaluation Form.
d. A beyond control of parent petition shall be accompanied by AOC-JV-38. Affidavit and Beyond Control of Parent Evaluation Form.
e. A habitual runaway petition shall be accompanied by the AOC-JW-39. Pre-Adjudicative Detention Criteria, with attachments.
802.02. Pursuant to KRS 610.030(2), the Court Designated Worker (CDW) shall have a conference with the party or parties to determine whether to:
a. Refer the child and family to a public or private social service agency before referring to the Court;
b. Enter into a diversionary agreement; or
c. Refer the matter to Court by filing a petition alleging habitual runaway, beyond control, or habitual truant.
802.03. If a Petition is filed with the Court, the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ) and the Court/School Liaison. This certification shall apply to any orders entered by the Court in status proceedings.
803. Diversion
Pursuant to KRS 610.030, if the CDW determines that a status offense complaint meets the criteria for diversion and a diversion agreement is reached, a petition shall not be filed. Upon review of the diversion agreement, the court on its own motion, or upon written request to the court by the county attorney, may refer the complaint for formal hearing.
804. Summons
Pursuant to FCRPP 41, upon the filing of the petition, the clerk shall issue a summons to the parent(s) or other person exercising custodial control or supervision of the child, setting a date for initial appearance as directed by the presiding judge.
805. Proceedings
805.01. All Family Court Status initial hearings must be scheduled at least seven (7) days prior to the Hearing.
805.02. Pursuant to FCRPP 42(1) and KRS 610.060, the judge shall explain to the child on the record his or her rights and the charge, and shall utilize AOC-JV-49, Notice of Juvenile Rights and Consequences for Status Offenders.
806. Disposition
806.01. At least two (2) business days prior to the disposition hearing, the judge and counsel shall receive a disposition report to assist in final disposition.
806.02. For disposition, the court shall comply with FCRPP 42(4).
806.03. After disposition, DYS or DCBS shall monitor the juvenile's progress, and may seek further review or a violation hearing from the Court if needed.
806.04. Once a juvenile is placed on terms or other orders of the Court, failure to comply with the terms or orders may result in a contempt hearing.
807. Informal Adjustments
807.01. See FCRPP 43 for rules relating to informal adjustments.
808. Detention of Status Offenders
808.01. See FCRPP 44 for rules relating to the detention of status offenders.

Credits

HISTORY: Amended effective June, 8, 2020. Adopted effective December 2, 2008. Amended effective April 11, 2012.
Kenton Family Court Rule 8, KY R KENTON FAM CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document