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JCRPP 2. Assignment of cases and jurisdiction

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
II. Title and Scope of Rules
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 2
JCRPP 2. Assignment of cases and jurisdiction
A. In jurisdictions having multiple divisions of district or family court, cases shall be assigned as determined by the chief judge.
B. As used in the JCRPP, “pending” means a petition has been filed and the case is awaiting court action. On post-disposition matters a case is “pending” based on the terms set forth in the disposition order. Disposition orders shall not exceed the time limits established for status and public offenses as set forth in these rules and KRS 635.060.
C. Duties of family and juvenile court clerk. Upon the filing of a juvenile status or public offense petition in the family or district court, the clerk shall determine if there are pending cases involving the child in order to assign the case as directed in Subsection D. below.
D. Jurisdiction.
1. Family Court. Pursuant to KRS 23A.100(2)(d), status offense petitions shall be filed and heard in family court, if any, subject to the following:
a. Pending public offense case. If a public offense case involving the child is pending in district court at any time a status offense case is pending, the clerk shall assign the status offense case to the district court division presiding over the pending public offense case.
b. Transfer of Pending Status Offense.
1) If a public offense petition is filed that involves the same child in a pending status offense case, within 30 days after notice from the clerk, the family court judge presiding over the status offense case shall enter an order transferring the status offense case to the district court division presiding over the public offense case(s). The AOC-JV-54, Notice of Filing of Public Offense Petition and Order Transferring to District Court, shall be utilized by the clerk and the family court judge for the notice of filing and transfer of these cases.
2) Upon entry of such order by a family court judge transferring a status offense case(s) to the district court, the clerk shall consolidate the status offense case and the pending public offense case for purposes of hearing. If the public offense case is dismissed prior to entry of any orders by the district court, the family court's jurisdiction of the status offense case shall continue. If the public offense case is dismissed after the entry of any orders by the district court, the presiding district judge and the family court judge may agree on a case-by-case basis which court best serves the interest of the child, and the status offense case shall be heard by that court.
3) The status offense case shall be scheduled by the clerk on the next available docket pursuant to local scheduling rules, and notice of the court date shall be sent to the parties.
c. Interstate Compact on Juveniles. Pursuant to KRS Chapter 615, these cases:
1) Shall be processed according to the Compact, and
2) The court shall use the appropriate Compact forms.
2. District Court. Pursuant to KRS 610.010, the following cases shall be filed and/or heard in district court:
a. Public offense cases.
b. Status offense cases where there is no family court.
c. Status offense cases where a family court exists, including:
1) Any existing status offense case that is consolidated with a pending public offense case.
2) Any status offense case that is filed while a public offense case is pending, and
3) The clerk shall consolidate any status offense case transferred to, or filed in, district court with any pending public offense case on the same child, and set the case for a hearing at the child's next scheduled public offense hearing, if said hearing is set to occur within 15 days; otherwise, the clerk shall set the case on the first available public offense docket of the district judge presiding over that case pursuant to local scheduling rules.
4) The clerk shall send notice of the hearing date to the parties in the public offense case.
d. Youthful Offenders.
1) Prior to indictment,
2) With authority to set bail.
e. Interstate Compact on Juveniles. Pursuant to KRS Chapter 615, these cases:
1) Shall be processed according to the Compact, and
2) The court shall use the appropriate Compact forms.
Commentary
Where a status offense case is transferred to district court from a family court because there is a pending public offense case, the status offense case must be consolidated with the public offense case and placed on the public offense docket to be heard at the same time. Additionally, any court order entered should be effective in both cases. If, however, the public offense is dismissed prior to ANY orders being entered by the district court, jurisdiction remains with the family court. If the public offense case is dismissed AFTER orders have been entered by the district court, the jurisdiction of the status case is to be determined by an agreement of the district and family court judges presiding over the case considering the best interest of the child. The district court does not need a separate status offense docket. The public offense case has priority over the status offense case on dispositional matters. If the child is placed on probation, then the disposition of the status offense case will continue in the district court. If the child is placed in detention, that will supersede ongoing orders relating to the status offense case. If the child completes detention, returns to the community, and continues the status disposition (the case may not be sent back to family court once transfer has occurred), and if the court resumes monitoring, then the district court will continue to handle that status case. This could occur with a very short detention.
Generally, a court would merge the status offense with the public offense, and the disposition order would dispose of both cases. When such cases are final (there are no continuing court-ordered terms) any new status offense petition will be filed in family court. Conversely, if a case is not final, any new status offense petition will be filed in district court because the public offense case is still pending.
Since the same social services and community resources are used for status and public offense cases, only one court should be making orders about what the child must do when he or she has both pending at the same time; and, because any public offense order has priority over any status offense order, this avoids confusion and conflicting court orders.
3. Pre-Petition Detention under KRS 610.200--610.280. When a peace officer has taken a child into custody on an allegation or belief that the child has committed an offense and has filed a complaint with the court designated worker, a court may order pre-petition detention if it finds that detention is necessary to protect the child or public:
a. A child alleged to be a status offender may be detained not more than 24 hours and a child alleged to be a public offender may be detained not more than 48 hours, to allow for a detention hearing pursuant to KRS 610.265.
b. A detention hearing shall be held within the relevant detention period to determine whether the child shall be further detained or released.
c. At the detention hearing the Commonwealth must establish probable cause to believe that the child has committed an offense, and the child shall be given the right to confront and cross-examine witnesses.
d. If the Commonwealth establishes probable cause a petition may be filed; however, if the child is eligible for mandatory diversion, the court case shall be dismissed, expunged, and returned to the CDW.
e. If a detention hearing is not held within the requisite time, or the court determines there is no probable cause to believe the child has committed an offense, the party having custody of the child shall release the child to the parent(s) or person(s) exercising custodial control or supervision or other persons as appropriate, or the action may proceed as a KRS Chapter 620 or 645 action.
f. If the court finds further detention is necessary for the protection of the child or the community it shall state specific reasons on the record and may order detention utilizing the AOC-JV-34, Juvenile Detention Order Public Offense, or the AOC-JV-35, Juvenile Detention Order Status Offense. KRS 610.280; 630.080(1).
E. Mandatory Diversion of a Misdemeanor. Any petition filed charging a misdemeanor when the child has no prior adjudications and no prior diversions shall be dismissed by the court for lack of jurisdiction and the court shall order the record expunged using the AOC-JV-29, Order for Expungement of Juvenile Record, and the court designated worker shall proceed with the diversion agreement process on the original complaint.
F. A child charged with a status offense may instead be subject to a proceeding under KRS Chapter 620 if the court determines it is in the child's best interest, and the court shall:
1. Amend the petition pursuant to KRS 610.010(13) and order it served, or require a new petition to be filed; and may
2. Direct the Cabinet for Health and Family Services (the Cabinet) to investigate and/or provide services to the child and/or family pursuant to KRS 605.130(3).
Commentary
This rule was previously articulated in FCRPP 37, and has been removed from the Family Court Rules of Procedure and Practice.
G. A public offense petition shall not be amended to a status offense petition and a status offense petition shall not be amended to a public offense petition.
Commentary
The practice of amending the charges in a petition from a public offense to a status offense and vice versa is improper. In the instance that the conduct in the petition actually constitutes a status offense rather than a public offense or vice versa, the county attorney must move to dismiss the existing petition and may then refile the case under the proper chapter.

Credits

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