Ky. Cir. Ct. Clerks' Manual JUVENILE CASES

53 JUVENILE CASES

KRS Chapter 600-645

District Court and Family Court Division of Circuit Court Process Map

 Confidentiality of Juvenile Records

 Public Records

 Dependency, Neglect, Abuse

 Emergency Custody Order

 Status/Public Offenses

 Traffic Citations

 Informal Adjustment

 Habitual Runaway

 Violations of Conditions/Contempt Proceedings

 Youthful Offender

 Juvenile in Out-of-Home Care

 Transfer of Cases

 Appeals

 Payment of Juvenile Transport

 Expungement of Juvenile Record

53.1 Confidentiality of Juvenile Records

 Unless specified to the contrary, all juvenile court records generated by any agency are

deemed confidential and shall not be disclosed except to:

• Child;

• Child’s parent/guardian or spouse. KRS 610.340(1);

• Victims or other persons authorized to attend a juvenile court hearing, unless

ordered by the Court for good cause.

• Public officers or employees engaged in the investigation or prosecution of cases

under the juvenile code or general statutes. This includes law enforcement. Juvenile

justice agencies shall also share with each other all information they maintain on a

juvenile in a facility or a program or informal adjustment as authorized by KRS

17.125.

• Employees of CHFS, DJJ, and the Crime Victims Compensation Board;

JUVENILE CASES

• Foster Care Review Board or its designee, and CASA Volunteers responsible for

services under the juvenile code.

• The child’s attorney may have access to the record of their clients. KRS 610.340(4).

Attorneys for parties involved in actions under juvenile code or other prosecutions

under general statutes, including Department of Public Advocacy attorneys

providing post-disposition representation to a juvenile public or status offender,

where the attorney has provided a release signed by the child or his or her guardian

authorizing release of the records.

• A DPA attorney shall have access to the court file of a minor prior to representation

when the minor is in custody of the Department of Juvenile Justice and is residing in

a residential treatment or detention center.

• Records disclosed under KRS 610.320 and KRS 610.345 to school personnel.

• Employees of local law enforcement agencies, the Department of Kentucky State

Police, or the Federal Bureau of Investigation engaged in conducting background

checks for the sole purpose of identifying and providing potentially disqualifying

juvenile public offense records to the National Instant Criminal Background Check

System.

• Criminal justice agencies conducting basic suitability or fitness assessments for

federal or contract employment under KRS 17.162, including: state and local police,

sheriffs, state and local correctional facilities, school resource officer departments,

airport safety and security departments, any agency or department employing a

state officer listed in KRS 15.420(2)(a)2, and any other state or local agency that

primarily performs criminal justice administration. This exception does not apply to

federal agency personnel such as military recruiters.

 To maintain the confidentiality of juvenile court records, access shall only be granted to the

authorized parties and agencies listed above. Accompanying guests or unauthorized third

parties are not permitted to view or handle these files.

 Release of child’s treatment, medical, mental or psychological records is prohibited unless

presented as evidence in Circuit Court. If records are present and inspection is requested

give to the judge to review the inspection request.

 No person, including school personnel entitled to access juvenile records, shall further

disclose information from such records except as permitted by specific Court order.

 KRS 610.340(1)(c) prohibits the disclosure of any records resulting from the child’s prior

abuse and neglect under Title IV-B of the Federal Social Security Act to victims or other

persons authorized to attend a juvenile court hearing pursuant to KRS 610.070.

 Military recruiters, including representatives from the Defense Counterintelligence and

Security Agency (DCSA), do not have access to juvenile court records, even with a signed

release/waiver. If the juvenile, who may now be an adult, accompanies the recruiter, the

record may be provided to the juvenile directly.

 To protect the confidentiality of juvenile records, petitions, orders, and other court

documents should not be transmitted to or from the clerk’s office by fax.

JUVENILE CASES

 Electronic or stenographic record of interviews with children, including a recording of any in-camera proceedings, shall be filed under seal with the clerk and may be made available to

the parties or their counsel on motion and written order of the court. Upon direction of the

judge recordings made in a county other than where the action is filed shall be delivered to

the clerk of the county where the action is filed by the court ordering the hearing when

there are multiple courts in a jurisdiction. FCRPP 25.

JUVENILE CASES

53.2 Public Record

 If adjudicated delinquent, and the juvenile was fourteen (14) years of age or older at the

time of the commission of the offense, the petition, adjudication order and disposition

order in all cases involving a Capital Offense, Class A, B, or C Felony or any offense involving

a deadly weapon, are public record.

 A separate public report shall be kept by the clerk of the court, accessible to the public. A

list of all qualifying charge(s) in case(s)/trailer(s) as outlined above will be available for

viewing/printing from the case management system. The HB 3 report will be available for

viewing by the public. If requested, the clerk shall provide a printed copy of the report.

 When a request for public access is received, provide a copy of the petition, adjudication

order and disposition order only. All other pleadings remain confidential.

NOTE: When in doubt, request a court order permitting access to a juvenile record.

53.2.1 Protection and Permanency Record

 KRS 620.023 (3) states that in determining the best interest of the child, the court shall have

access to the entire protection and permanency record of the child that is prepared, owned,

used, and in possession of or retained by the cabinet.

 Protection and Permanency record shall not be part of the court record. It should not pass

through the hands of the clerk or anyone in the clerk’s office. Should you discover the

original or a copy of the protection and permanency record in the record, please consult the

judge. If ordered to be filed, then it must be sealed as it is a part of the Protection and

Permanency record which is a confidential document.

53.3 Dependency, Neglect, Abuse

 There is no filing fee. KRS 610.350.

 A DNA Petition may be filed by any interested person. KRS 620.070.

 Separate petitions shall be filed for each child and individual case numbers shall be assigned.

All siblings’ files shall be assigned to the same judge. FCRPP 20(1).

JUVENILE CASES

53.3.1 Petition/Dependency, Neglect, Abuse (DNA)

1. Upon receipt of a petition (AOC Form DNA-1), apply the FILED stamp to Quick Reference

the petition; add the date and your initials. AOC Form DNA-1

File, date, initial

2. Complete a document screen using document type PJ or PJECA.

3. Refer to the KyCourts Manual for instruction on opening the case. Assign a Document type PJ

Juvenile J case number and appropriate trailer number using next pre- or PJECA

numbered file folder.

NOTE: If a previous case exists, enter into the existing case number under

the next trailer number. Any new allegation or request for removal after a

child has achieved permanency shall be filed as a new action. FCRPP 31. Juvenile J case

4. Assign appropriate case type based on charge(s):

o CA - Child Abuse/Neglect

Case type:

o DP – Dependency *Child Abuse- CHA

o In a Family Court jurisdiction, enter filing type FC. *Dependency- DP

*Family Court- FC

5. Complete party screen(s) using party types:

o CH – Child

o FM – Family Member

Party type:

o CC – County Attorney *Child- CH

*Family Member-

o GAL – Guardian Ad Litem

FM

o CP – Custodial Person *County Attorney-

CC

o CHR – Cabinet for Health & Family Services

*Guardian Ad

6. Add the juvenile’s date of birth to the file label and on the file folder next Litem- GAL

to the label (the label function in KyCourts will not automatically add the *Custodial Person-

DOB). If the label becomes lost, the date of birth will still be visible for use CP

in records destruction. *Cabinet for Health

and Family

Services- CHR

JUVENILE CASES

53.3.2 Summons Issuance

1. Issue a summons using AOC Form DNA-7; attach a copy of the petition to Quick Reference

the summons and deliver to the sheriff or other authorized agent for Issue summons

service. An employee of CHFS may not be an authorized agent for service. using AOC Form

KRS 620.070. Complete a summons screen using summons type DNA. DNA-7

NOTE: Do not use Promise to Appear in lieu of issuing summons. Summons type

2. If the person summonsed is not a parent or guardian of the child, the DNA

parent or guardian, or both, shall also be notified of the time and place of

the court date.

3. A copy of the petition shall also be mailed or provided by the clerk no later

than the business day following the filing of the petition to the following:

• Cabinet for Health and Family Services

• county attorney

• any guardian ad litem

• any counsel of record

53.3.3 Charges

1. Add a charge for each box checked or listed on the petition.

*Dependent- UOR

NOTE: If no box is checked, return petition to the petitioner for Code 002813

completion.

2. The charge/violation date is the date the petition is sworn to under oath. *Abuse/Neglect-

UOR Code 002826

3. File any petition for contempt in the existing case file of the original

charge. If the petition does not identify the charge, file the petition under

a new trailer number.

JUVENILE CASES

53.3.4 Emergency Custody Order (ECO)

1. A DNA case shall be initiated by the issuance of an Order Granting/Denying

Quick Reference

Emergency Custody, AOC Form DNA-2. An ECO shall be accompanied by

AOC Form DNA-2

AOC Form DNA-2.1 Emergency Custody Order Affidavit.

AOC Form DNA-2.1

NOTE: If an ECO is denied proceed with the DNA petition and schedule a

hearing within 10 days.

File, date, initial

2. Apply the FILED stamp to the ECO Affidavit; add the date and your

initials. Document type

AECO

3. Complete a document screen using document type AECO.

4. Apply the ENTERED stamp to the ECO; add the date and your initials.

Enter, date, initial

5. Complete a document screen using document type OECOC or OECOR

Document type

based on the box checked on the form by the judge. Include the date and

OECOC or OECOR

method of service.

6. Serve notice of entry of the order on all parties as listed on the distribution

NOE

of AOC Form DNA-2 and on the parent or other person exercising custodial

control or supervision by the person authorized to serve process. KRS

620.060(4).

7. Issue AOC Form DNA-2.2 Notice of Emergency Removal, apply the FILED File, date, initial

stamp to the notice; add the date and your initials. Complete a document Document type

screen using document type NER. NER

53.3.5 Temporary Removal Hearing

1. Schedule a hearing within 72 hours excluding weekends and holidays as

directed by judge. Complete a scheduled event screen using event type Scheduled event

TRH. type TRH

NOTE: AOC Form DNA-13 (Notice of Names and Addresses of Interested Provide notice of

Parties to be Noticed by Clerk for Hearings) may be filed by the cabinet to hearing

indicate interested parties who may have a right to be heard and receive

notice prior to scheduled hearings.

2. Provide notice of the temporary removal hearing to the parents or other

person exercising custodial control or supervision, county attorney, the Enter, date, initial

Cabinet for Health and Family Services, any guardian ad litem, and any

counsel of record. FCRPP 21. If you have received AOC Form DNA-13

indicating there are interested parties to be noticed for hearings, prepare

AOC Form DNA-14 (Notice of Hearing to Interested Persons in

Dependency/Neglect, or Abuse Action), and provide notice to all parties as

indicated on the AOC Form DNA–13.

Note: Interested parties may include the foster child, foster parents,

relatives, and fictive kin.

JUVENILE CASES

3. Upon receipt of a signed AOC Form DNA-3 (Order for Temporary Removal Hearing), apply

the ENTERED stamp; add the date and your initials. Complete a document screen using

the document code based on the box checked on the form by the judge.

53.3.6 Hearing

1. If a hearing has not been scheduled as a result of an emergency hearing, Quick Reference

schedule a hearing within 10 days. Complete a scheduled event screen Event type TRH

using event type TRH.

Provide notice of

NOTE: AOC Form DNA-13 (Notice of Names and Addresses of Interested hearing

Parties to be Noticed by Clerk for Hearings) may be filed by the cabinet to

indicate interested parties who may have a right to be heard and receive

notice prior to scheduled hearings.

2. Provide notice of the temporary removal hearing to the parents or other AOC Form DNA-3

person exercising custodial control or supervision, county attorney, the Enter, date, initial

Cabinet for Health and Family Services, any guardian ad litem, and any

counsel of record. FCRPP 21. If you have received AOC Form DNA-13

indicating there are interested parties to be noticed for hearings, prepare

AOC Form DNA-14, (Notice of Hearing to Interested Persons in

Dependency/Neglect, or Abuse Action) and notice all parties as indicated

on the AOC Form DNA–13.

Note: Interested parties may include the foster child, foster parents,

relatives, and fictive kin. Event types:

*Adjudication

3. After the hearing, when you receive a signed AOC Form DNA-3, apply the

Hearing: AH

ENTERED stamp; add the date and your initials. Complete a document

*Disposition

screen using the document code based on the box checked on the form by Hearing: D

the judge. *Review/Permanen

4. Schedule subsequent hearings using event types: cy Hearing: REV

*Independent

o TRH - Temporary Removal Hearing

Living Review: ILR

o AH – Adjudication Hearing *Permanent

o D – Disposition Hearing Placement Review:

PPR

o REV – Review *Annual

o PPR - 6 Month Permanency Progress Review Permanency

Review: APR

o APR - Annual Permanency Hearing *Post TPR 90 Day

o ILR – Independent Living Review Review: TPRV

o TPRV – Post TPR 90 Day Review

o OH - Other

5. If the adjudication hearing and disposition hearing are held at same time, both forms,

AOC Form DNA-4 and AOC Form DNA-5, must be completed.

JUVENILE CASES

53.3.7 Orders

1. When a signed order is received PRIOR to disposition of the case, apply the

ENTERED stamp to the order; add the date and your initials. Complete a Enter, date, initial

document screen, including date and method of service.

2. Serve a copy of the order on all persons/facilities named in the petition; NOE

including:

• juvenile,

• juvenile’s parents or persons exercising custodial control or

supervision,

• facility,

• CASA (if applicable),

• CHFS (if applicable),

• GAL (Guardian Ad Litem),

• any other parties named in the distribution list on the order.

JUVENILE CASES

53.3.8 Disposition of Case/Charge Closing

1. Upon receipt of a signed order that disposes of the case, apply the Quick Reference

ENTERED stamp to the order; add the date and your initials. Enter, date, initial

2. Complete a document screen, including date and method of service.

3. Serve a copy of the order on all persons/facilities named in the petition;

including: Serve copy of order

• juvenile, juvenile’s parents or persons exercising custodial control or

supervision,

• facility,

• CASA (if applicable),

• CHFS (if applicable),

• GAL (Guardian Ad Litem), and

• any other parties named in the distribution list on the order.

NOTE: The Permanent Custody Order, AOC Form DNA-9 does not replace

AOC Form DNA-6. Pursuant to KRS 620.027, this form may be used by

District Court to determine matters of child custody and visitation.

4. When a charge is disposed of, close the charge screen by completing the

disposition date, disposition type, judge and trial type N. Use disposition Trial type N

type, as applicable:

5. CHR – Commitment to CHFS Disposition types:

CHR

6. OTH – Commitment to agency or person other than CHFS OTH

7. DIS – Dismissed DIS

TRF

8. TRF – Transferred to another court/jurisdiction

INF

9. INF – Informal Judgment

NOTE: Do not dispose of the charge(s) when a temporary custody order is

received. The charge(s) should only be closed when a final disposition has

been made, when permanent custody has been Granted (DNA-9), or when

the child has been committed/remain committed to CHFS (DNA-5).

JUVENILE CASES

53.3.9 Voluntary Termination Pendency of DNA Case

KRS 625.403

A parent may elect to voluntarily terminate his or her parental rights during the pendency of a

Dependency, Neglect or Abuse proceeding under KRS Chapter 620 by signing a consent form

AOC-DNA-20 Affidavit of Consent (Voluntary Termination), which shall be filed with the court.

KRS 625.403.

Affidavit of Consent (Voluntary Termination)

A separate Affidavit of Consent (Voluntary Termination) shall be filed for each Quick Reference

child in the case of siblings, FCRPP 30 (2) (a).

1. Upon receipt of AOC-DNA-20 Affidavit of Consent (Voluntary Termination), File, date, initial

apply the FILED stamp to the affidavit; add the date and your initials. File

the affidavit in the existing Dependency, Neglect, and Abuse action and Document type

complete a document screen using document type AOCIT. AOCIT

2. Assign a hearing date, to be held within 30 days of the filing of the AOC-DNA-20 Affidavit of Consent, as directed by the court. Use AOC-Form-030,

Order Setting Trial/Hearing.

3. Complete a scheduled events screen.

4. Enter the order on the document screen using document type OST,

including a brief description. Serve notice of entry on every party who is not

in default or who has not filed a written waiver of notice. Make an entry on Document type

the document screen showing the manner and date of the service of the OST

notice of entry of the order.

NOE

5. Serve notice on local Cabinet for Health and Family Services (CHFS)

representative if no statement is filed with the AOC-DNA-20 Affidavit of Consent that CHFS

will accept custody or if custody is to be placed with an individual and CHFS has not

approved the placement. KRS 625.042(2).

6. The court will appoint a Guardian Ad Litem to represent the best interest of the child, unless

previously appointed in the pending DNA case.

NOTE: Do not create a separate caser for the Voluntary Termination. A summons is not

required. If the AOC-DNA-20 Affidavit of Consent is filed in a pending DNA case in District

Court, the District Court shall have jurisdiction of the Voluntary Termination proceeding.

JUVENILE CASES

Order

1. Upon receipt of a signed Judgment or Order, apply the ENTERED stamp to Quick Reference

the order; add the date and your initials.

Enter, date, initial

2. Enter the order on the document screen, including a brief description. Serve

Notice of Entry on every party who is not in default or who has not filed a NOE

written waiver of notice. Make an entry on the document screen showing the

manner and date of the service of the notice of entry of the order.

3. Per KRS 625.045(1), send a certified copy of the final order to the petitioner

and email to the Cabinet for Health and Family Services at

Adoptionservicesbranch@ky.gov.

4. When an order closes the case, complete the disposition date, disposition type and judge at

disposition fields on the case screen.

5. Schedule a review hearing within 90 days from the date of entry of the order of the

termination of parental rights. The case shall continue to be scheduled for review as

directed by the court at least annually until permanency is achieved. FCRPP 36.

Sealing the File

1. When the final voluntary termination order is entered, print a copy of the case history and

deliver to the judge for verification of specific items to be sealed.

2. Upon receipt of case history from your judge, pull the documents from the paper file and

seal those documents in an envelope.

NOTE: See Voluntary Termination of Parental Rights section for further instructions.

53.4 Court Appointed Special Advocate (CASA)

1. If a local CASA program is established in your court, a court appointed special advocate

may be appointed by the court to represent the best interests of an abused, neglected or

dependent child.

2. When a juvenile case is referred to the CASA program: Quick Reference

(1) Give notice of entry of an order of referral by mailing a copy of the

order/calendar to all parties and the local CHFS office. NOE

(2) Send a copy of the dependency, neglect and abuse petition to the

local program director for CASA. Copy to CASA

3. Give notice of entry of all orders to the local program director in a CASA

case.

File, date, initial

4. When a hearing is scheduled in a CASA case, notify the local program

director. Document type

FRRB

5. When reports from a CASA volunteer are received, apply the FILED

stamp; add the date and your initials and file by completing a document

screen, using document type FRRB.

JUVENILE CASES

53.5 Status/Public Offenses

 There is no filing fee. KRS 610.350.

53.5.1 Case Assignment and Consolidation

1. In a family court jurisdiction:

o Determine if the juvenile has a pending charge or charges in district court. If

pending charge(s) exist, open the status offense case in district court. Assign the

status offense case to the district court division presiding over the pending public

offense case. If no pending charge or charges exist in district court, open the

status offense case in family court. KRS Chapter 635, KRS Chapter 640, JCRPP

2(D).

o If a public offense charge is filed that involves the same child in a pending status

offense case, notify the family court judge of the public offense petition by

completing AOC JV-54 (Notice of Filing of Public Offense Petition and Order

Transferring to District Court) and deliver to the family court judge.

o Upon receipt of an order transferring a status offense case to the district division

presiding over a public offense case, transfer the case and consolidate the status

offense case with the public offense case for the purpose of hearing. JCRPP 2.

NOTE: Transfer the case by reassigning to the appropriate judge. You do not need

to complete a TRF disposition.

2. In a non-family court jurisdiction, when a status offense is filed in district court that

involves the same child in a pending public offense case, consolidate the status offense

case with the public offense case for the purpose of hearing. JCRPP 2.

3. Cases consolidated for the purposes of hearing as described above should be kept

together to ensure future events are scheduled for same times.

• If paper files are maintained within a single case jacket, file a copy of the order

consolidating in the trailer number in the tab containing the status offense. Flag or

otherwise indicate consolidated on the tab.

• If physical files are maintained in separate case jackets, staple or band the case

record being consolidated (secondary case) to the back of the senior action

(primary case) and fold the older case record flap in. Place an out card in the

location of the file that was consolidated (secondary case) noting the case

number, case style and indicate the case has been consolidated per the entered

order.

4. If a status case is consolidated with a public offense case set the case for a hearing at the

child’s next scheduled public offense hearing, if the hearing is set to occur within 15 days.

Otherwise, set the case on the first available public offense docket of the district judge

presiding over the case. Send notice of the hearing date to the parties in the public

offense case. JCRPP 2.

JUVENILE CASES

53.5.2 Status Offenses

 Status offense charges:

• Beyond Reasonable Control of Parent, Guardian or School

• Runaway

• Truancy

• Alcohol Offense

• Purchase of Tobacco.

1. Enter FC filing type if case is being opened in Family court.

2. Use case type ST.

53.5.3 Traffic Citations

 Citations received for moving traffic violations issued to a juvenile (15) years or older are

filed in the district court traffic division. This includes misdemeanor DUI charges. See

Citations Issued to a Minor.

 Any citation received for felony traffic offenses should be filed in the juvenile division of

district court. KRS 610.010(1)(a).

JUVENILE CASES

53.5.4 Public Offense (Delinquency)/Status Offense Petitions

Quick Reference

1. Upon receipt of an AOC Form JV-1 (Juvenile/Petition) and a JW-57 AOC Form JV-1

(Juvenile Complaint Status Offense) or JW-58 (Juvenile Complaint Public File, date, initial

Offense); apply the FILED stamp; add the date and your initials. Document types PJ

Complete document screens using document types PJ and COM. and COM

2. Upon receipt of AOC Form JW-40 (Preliminary Inquiry Formal/Informal File, date, initial

Processing Criteria and Recommendations); apply the FILED stamp; add Document type PI

the date and your initials. Complete a document screen using document

type PI.

NOTE: Per JCRPP 5 and 11B the complaint shall be attached to the

petition. AOC Form JW 40.1

3. Upon receipt of AOC Form JW 40.1, Unsuccessful Diversion Agreement, File, date, initial

apply the FILED stamp to the JW 40.1 form; add the date and your Document type

initials. Complete a document screen using document type AUD. AUD

4. Refer to the Case Add section of the KyCourts Manual for instruction on

opening the case. Assign a Juvenile J case number and appropriate trailer Juvenile J cases

number using the next pre-numbered file folder. Using case type ST Case type ST or DE

(status offense) or DE (delinquency).

NOTE: If a previous case exists, enter into the existing case number under

the next trailer number.

5. Complete party screen(s) using the following party types: *Child- CH

o CH – Child *Family Member-

FM

o FM – Family Member *Complaining

o CW – Complaining witness Witness- CW

*County Attorney-

o CC – County attorney CC

o APA – Attorney/Public Advocate *Attorney/Public

Advocate- APA

o CP – Custodial Person *Custodial Person-

6. Add the juvenile’s date of birth to the file label and on the file folder next CP

to the label. If the label becomes lost, the date of birth will still be visible

for use in records destruction.

53.5.5 Summons Issuance AOC Form JV-17

1. Issue a summons using AOC Form JV-17, Juvenile Summons, on the Issue summons

person(s) having custody or control of the child. The summons shall be

served by personal service unless the Judge orders service by mail, Recent practice

addressed to the last known address. Service by mail must be made at change: You must

least 48 hours before the court date. Attach a copy of the petition and now attach a copy

complaint; do not attach any attachments or exhibits. KRS 610.040, JCRPP of the petition and

5. complaint to the

summons.

JUVENILE CASES

2. If the person summonsed is not a parent or guardian of the child, the parent or guardian,

or both, shall also be notified of the time and place of the court date.

NOTE: Do not use Promise to Appear in lieu of issuing summons.

53.5.6 Charges

1. Add charge(s) as listed on the petition.

2. The charge/violation date is the date the Complaint is sworn to under oath.

3. File any petition for contempt in the existing case file of the original charge. If the

petition does not identify the charge, file the petition under a new trailer number. See

Case Assignment and Consolidation.

53.5.7 Hearing

Quick Reference

1. Schedule all court hearings by completing a scheduled event screen.

Scheduled events

NOTE: If a status case is consolidated with a public offense case set the screen

case for a hearing at the child’s next scheduled public offense hearing, if

the hearing is set to occur within 15 days; otherwise, set the case on the

first available public offense docket of the district judge presiding over the

case. Send notice of the hearing date to the parties in the public offense

case. JCRPP 2.

2. Use the following event types: Event types:

*Arraignment- ARR

o ARR – Arraignment *Detention

o DH – Detention Hearing hearing- DH

*Adjudication

o AH – Adjudication Hearing Hearing- AH

o D – Disposition Hearing *Disposition

Hearing- D

o REV – Review *Review- REV

53.5.8 Detention Hearings

If the juvenile is being detained and the child is alleged to be a status offender, schedule a

detention hearing within 24 hours or within 48 hours if the child is alleged to be a public

offender, exclusive of weekends and holidays, of the time the juvenile was taken into

custody or follow local protocol for scheduling this hearing.

NOTE: The juvenile complaint may be submitted by the Court Designated Worker which

does not have all required signatures. You may nevertheless accept the complaint and use

the information to create a case if one does not exist.

JUVENILE CASES

53.5.9 Orders

Enter, date, initial

1. Upon receipt of a signed order prior to disposition of the case, apply the

Complete

ENTERED stamp; add the date and your initials. Complete a document

document screen

screen, including date and method of service.

NOE

2. Serve notice of entry of the order on all persons/facilities named in the

petition; including the juvenile, juvenile’s parents or persons exercising Department of

custodial control or supervision, hospital/facility, attorneys of record, and Juvenile Justice

any other parties named in the distribution list on the order. 1025 Capital Center

Dr,

3. Mail all orders pertaining to juveniles charged as youthful or public

3rd Floor

offenders to the Department of Juvenile Justice.

Frankfort, KY

40601-8205

53.5.10 Informal Adjustment

JCRPP 19

1. Upon receipt of an AOC-JV-53 (Informal Adjustment Order and Quick Reference

Agreement), apply the ENTERED stamp; add the date and your initials. Enter, date, initial

Complete a document screen using document type OIA. Document type OIA

2. Schedule a review as directed by the judge, or if not specified, for six

months after the entry of the informal adjustment order using event type Event type REV

REV.

3. Complete the charge screen by completing the disposition date, Disposition type INF

disposition type, judge and trial type. Use disposition type INF.

JUVENILE CASES

53.5.11 Disposition of Case/Charge Closing

1. Upon receipt of JV-31.1 (Disposition Order Public Offense) or other signed Enter, date, initial

order that disposes of the case, apply the ENTERED stamp to the order;

add the date and your initials. Complete

document screen

2. Complete a document screen, including date and method of service. NOE

3. Serve notice of entry of the order on all persons/facilities named in the

petition; including the juvenile, juvenile’s parents or persons exercising

custodial control or supervision, hospital/facility, attorneys of record, and

any other parties named in the distribution list on the order.

4. Mail a certified copy of the disposition order in cases pertaining to

juveniles charged as youthful or public offenders to the Department of

Juvenile Justice and the law enforcement agency(s) where both the Disposition type:

offense was committed, and the child resides. KRS 610.110 (3). *Guilty/Adjudicatio

n- G

5. When a charge is disposed of, close the charge screen by completing the *Dismissed- DIS

disposition date, disposition type, judge and trial type. Use disposition *Commitment to

type: DJJ- DJJ

o G – Guilty/Adjudication *Commitment to

CHFS- CHR

o DIS – Dismissed *Dismissed/Motion

o DJJ – Commitment to DJJ (Department of Juvenile Justice) of Commonwealth-

CAD

o CHR – Commitment to CHFS *Transferred to

o CAD – Dismissed/Motion of Commonwealth another

court/jurisdiction-

o TRF – Transferred to another court/jurisdiction TRF

o NG – Not Guilty *Not Guilty- NG

*Informal

o INF – Informal Judgment/Juvenile only Judgment/Juvenile

o OTH – Commitment to agency other than CHFS only- INF

*Commitment to

Do not add a sentence screen. Enter sentence details in the memo field of

agency other than

the charge screen. If financials are ordered add as a Monetary Event or as

CHFS- OTH

a Restitution ID.

NOTE: If a court dismisses a petition against a child or finds a child not

delinquent in a juvenile proceeding, the court shall concurrently order the

record of the proceeding expunged. Upon receipt of order resulting in a

dismissal or not guilty disposition proceed to the Section Expungement of Juvenile

Record for information on expunging the case.

JUVENILE CASES

53.5.12 Juvenile Extradition Proceedings

KRS 615.010

District or Circuit Court

 Extradition is the transfer of an accused from one state or country to another state or

country that seeks to place the accused on trial. When a

defendant/fugitive chooses to "waive extradition" that means that he (or

Quick

she) is agreeing to go with the authorities from the other jurisdiction

Reference

willingly.

File, date, initial

Upon receipt of extradition proceedings from another state:

1. Apply the FILED stamp to the initiating document using document code Document type

COM; add the date and your initials. COM

NOTE: Citation or Complaint/Affidavit can be used as the initiating

document(s).

2. Refer to the Case Add section of the KyCourts Manual for instruction on Case type DE

opening the case. Assign a Juvenile J case number and appropriate trailer

number using the next pre-numbered file folder. Using case type DE

(delinquency). Use UOR code 002643 FUGITIVE FROM ANOTHER STATE

(MISDEMEANOR) to set up the case.

NOTE: If a previous case exists, enter it into the existing case number

under the next trailer number.

3. Complete party screen(s) using the following party types (If known):

• CH – Child

• FM – Family Member

• CW – Complaining witness

• CC – County attorney

• APA – Attorney/Public Advocate

• CP – Custodial Person

4. Add the juvenile’s date of birth to the file label and on the file folder next to the label. If

the label becomes lost, the date of birth will still be visible for use in records

destruction.

5. Immediately deliver the case file to the judge.

53.5.12.1 Hearing

 If the judge directs, schedule a hearing by completing a scheduled events screen.

JUVENILE CASES

53.5.12.2 Order

1. Upon receipt of a signed order apply the ENTERED stamp; add the

Quick Reference

date and your initials.

File, date, initial

2. Enter the order on a document screen.

3. If the order disposes of a charge, close the charge screen by

completing the disposition date, disposition type, e.g. EXT or DIS, Document type

judge, trial type, original plea and final plea fields. Close the case EXT/DIS

screen with disposition date and judge at disposition only.

4. If the court orders extradition, prepare certified copies of the order as

necessary to accompany the defendant when released from your

court's jurisdiction. Use AOC Form 065, Certification of Act of Congress.

Affix your court seal on the form.

53.6 Suspected Habitual Runaway

KRS 610.200 610.012 JCRPP Part IV

1. Upon receipt of an AOC-JV-52 (Complaint, Affidavit, and Order for Quick Reference

Emergency Protective Custody); apply the FILED stamp; add the date and File, date, initial

your initials.

2. Refer to the Case Add section of the KyCourts Manual for instruction on Juvenile J Case

opening the case. Assign a Juvenile J case number and appropriate trailer Case type RN

number using the next pre-numbered file folder. Use case type RN.

NOTE: If a previous case exists, enter into the existing case number under

the next trailer number. Document type

AEPC

3. Complete a document screen using document type AEPC. If the order

Enter, date, initial

section has been completed, apply the ENTERED stamp; add the date and

your initials. Complete a document screen with the corresponding Document Codes:

document code indicated on the order:

o OTEC: Temporary emergency custody to a relative or other suitable

person

*OTEC

o ODNS: Temporary detention in a non-secure facility *ODNS

o OSEC: Temporary detention in a secure facility *OSEC

4. Schedule a hearing with 24 hours of a child being detained in a secure

facility or within 72 hours of a child being detained in a non-secure facility

or less restrictive alternative placement exclusive of weekends and holidays.

The CDW will complete the notice section of the form.

5. Upon receipt of an AOC-JV-52.1 (Emergency Protective Custody Release

Order), apply the ENTERED stamp to the order; add the date and your

initials. Enter as document code OREL. Enter, date, initial

Document code

6. Complete a document screen, including date and method of service. OREL

JUVENILE CASES

7. Serve notice of entry of the order on all persons/facilities named in the Quick Reference

petition; including the juvenile, juvenile’s parents or persons exercising Disposition type DIS

custodial control or supervision, hospital/facility, attorneys of record, and

any other parties named in the distribution list on the order.

8. Close the charge screen by completing the disposition date, disposition

type, judge and trial type. Use disposition type DIS.

53.7 Violations of Conditions/Contempt Proceedings

1. Upon receipt of a motion seeking review for violations of conditions, apply Quick Reference

the FILED stamp; add the date and your initials and file in the existing File, date, initial

case file of the original charge. Complete a scheduled events screen using Event type REV

event type REV. Complete a motion screen using motion type MOT. Add a Motion type MOT

charge using UOR code 02830 (public offense) and dispose of as directed.

Indicate any details in the disposition screen.

2. If a petition or a motion for contempt of court is received, or if the judge File, date, initial

finds a juvenile in contempt during court proceedings apply the FILED

stamp to the petition or motion; add the date and your initials. Complete Event type REV

a scheduled events screen using event type REV (if not previously heard).

Add a charge in the existing case file of the original charge using UOR code

02834 (public offense) or 02836 (status offense) and dispose of as

directed. Indicate any details on the disposition screen.

Note: When a Motion is received to revoke/for violation of conditions/contempt

proceedings. Only add the charge if the Judge instructs you to.

JUVENILE CASES

53.8 Youthful Offender

 When a youthful offender is transferred to circuit court by a district judge pursuant to KRS

640.010, the juvenile/youthful offender’s court file pertaining to the transfer does not

become a public record in circuit court until an indictment is returned and the

juvenile/youthful offender has been arraigned.

In District Court:

Quick Reference

1. When transfer of a youthful offender to circuit court is ordered by the

district judge, the juvenile court shall send the circuit court only the

records (limited to the records of the present case in which the child has

been charged) that pertain to the transfer. The remainder of the juvenile

record remains confidential unless otherwise ordered by the court.

2. Complete the charge disposition field using disposition type of JGDJ.

Prior to the grand jury meeting, print a report showing all charge Disposition type

dispositions for juvenile – grand jury and furnish to the commonwealth JGDJ

attorney. Refer to the Browse Options section of the KyCourts Manual for

instructions on printing a report from the browse screen. Print and furnish

the list at any other time you are requested to do so.

IMPORTANT: In addition, on April 1st and October 1st each year print the

same list and deliver to your commonwealth attorney and chief circuit judge.

In Circuit Court:

1. Upon receipt by the circuit court of this record, open the case in the

confidential CO division. Do not disclose any information concerning this Confidential CO

case. Division

2. In the circuit CI division, complete a case screen using the case number

assigned to the case in the CO division. Enter the style of the case as Circuit CI Division

Sealed Record. Enter the original filing date, case type of SE sealed, CO Division

disposition date (the same as filing date) and judge at disposition (same Case type SE

judge as opening judge).

3. Upon return of an indictment and after arraignment, delete the case in the

circuit CI division and transfer the case from the confidential CO division

Circuit CI Division

to the circuit CI division. The case is then open to the public for review.

Confidential CO

NOTE: (1) The release of the child’s treatment, medical, mental, or Division

psychological records is not permitted unless the records are presented as

evidence in circuit court. (2) The release of information under this section

relative to the child’s eligibility for services under Title IV-E or IV-B of the

Federal Social Security Act is prohibited.

JUVENILE CASES

If Returned to District Court for Further Proceedings:

Quick Reference

1. If a juvenile case is transferred to circuit court and the grand jury does not

find probable cause to indict as a youthful offender, but does find that

there is probable cause to indict for another criminal offense, the juvenile

shall not be tried in circuit court as youthful offender. The case shall be

Event type REV

returned to district court for further proceedings and re-docketed for

review (REV) by the judge. KRS Chapter 640.010(3).

2. Close the charge screen in the circuit court case by completing the

disposition date, appropriate disposition type (REM - Remand), disposition Disposition REM

judge and trial type.

3. Upon return of the case from circuit court to district court, schedule a Event type REV

hearing in the district court case by completing a scheduled event screen

using event type REV.

53.8.1 Juvenile in Out-of-Home Care

When a juvenile is in out-of-home care:

1. Notify the judge when a Case Permanency Plan or Progress Report on a Quick Reference

child in foster care is filed. Notify judge

2. When a permanency hearing is set by the court, schedule the hearing by

completing a scheduled events screen. Give notice of this hearing to: Complete

• CHFS or DJJ; scheduled events

screen

• Parents of the juvenile;

Give notice of

• Foster parents;

hearing

• Pre-adoptive parents;

• Relatives providing care;

• CASA worker

• CFCRB.

NOTE: Names and addresses of persons to be notified will be supplied by

CHFS or DJJ with the Case Permanency Plan or Progress Report.

3. When a report is received from the CFCRB, apply the FILED stamp; add File, date, initial

the date and your initials. File by completing a document screen. KRS

620.070(3).

53.8.2 Court Ordered Child Support

The court may order the parent to make payments through your office for the support of a

juvenile who has been placed with the person, facility, agency, or cabinet to which the

juvenile was committed or probated. Follow the court order as to disbursement of this

money. KRS 610.170. Your Accounting Manual addresses the handling of these monies.

JUVENILE CASES

53.8.3 Transfer of Cases

Originating Court:

1. Note in the memo field of the case screen the jurisdiction the case is being transferred

to.

2. Make a copy of the order transferring and case history to be retained in the case file. If

the case being transferred is a DNA case, prepare the certification on AOC Form DNA-21.

3. Original contents of the case file: Attach the case history or court docket sheet to the

top of the original case file. Mail the record to the receiving court by certified mail,

return receipt requested. The record may also be hand-delivered by the clerk.

Place the file folder in numerical order with other like cases.

JUVENILE CASES

Receiving Court:

If you are the receiving court and this case was not previously filed in your county:

1. Apply the FILED stamp to the record received from the originating court; File, date, initial

add the date and your initials. Refer to the Case Add section of the KY

Courts Manual for instructions on opening the case. Assign a juvenile J Juvenile J case

number and appropriate trailer using the next pre-numbered file folder. If

a previous case exists, enter under the next trailer number. Complete a

document screen for the entire record using document type circuit court Circuit Court File

file CCF or district court file DCF. CCF

2. If charge(s) were disposed in originating court, DO NOT add charge(s). District Court File

DCF

NOTE: KyCourts will not allow you to add a juvenile case without adding

charges. In order to comply with instruction 2 above you will need to add

the charges when creating the case and then delete the charges out after

the case has been added to KyCourts.

3. If the transfer includes an Order to Transfer Dependency/Neglect or Abuse

Case and Certification of the Record, schedule a hearing as directed on the

AOC Form DNA-21 and provide a copy of the notice to the assigned judge.

If you are the receiving court and this case was previously filed in your county:

1. Apply the FILED stamp to the record received from the originating court; Quick Reference

add the date and your initials. Complete a document screen using File, date, initial

document type circuit court file CCF or district court file DCF.

Circuit Court File

2. File the case back in the originating case. CCF

3. If the transfer includes an Order to Transfer Dependency/Neglect or Abuse District Court File

Case and Certification of the Record, schedule a hearing as directed on the DCF

AOC Form DNA-21 and provide a copy of the notice to the assigned judge.

4. If the previous court has a newer charge disposition, move the existing

disposition to the memo field and overlay the new disposition.

53.8.4 Appeals

1. Appeals from decisions in juvenile cases heard in the district court division are

confidential, and are handled in the circuit court division. Counsel of record in the

appeal should be provided a copy of the record upon request. Refer to the Appeals to

Circuit Court section of this manual for further instructions.

Appeals from decisions in juvenile cases heard in the family court division are handled in

the Court of Appeals. Refer to the Appeals to Supreme Court/Court of Appeals section of

this manual for further instructions.

JUVENILE CASES

53.8.5 Payment of Juvenile Transport

1. Peace Officer’s Expenses: If seeking reimbursement, any peace officer who transports a

juvenile on a court order shall make an accounting of the expenses incurred including the

distance traveled.

2. Upon oath of the transporting officer of the verified amount before a district or family

court judge, the clerk shall certify an Authorization for Payment of Transportation Costs.

KRS 605.080(2).

53.8.6 Expungement of Juvenile Record

KRS 610.330

District or Family Court Division of Circuit Court