Rule JCRPP 12 - First Appearance - Public Offense CaseA. Pursuant to KRS 610.060, at the first appearance the judge shall explain to the child, on the record, his or her rights and the charge, and shall present AOC-JV-49, Notice of Juvenile Rights and Consequences, to the child.B. Counsel shall be appointed for the child unless private counsel has been retained. See also JCRPP 3.A.1.C. The court may place the child on pendente lite terms utilizing the AOC-JV-36.1, Pre-Adjudicative Court Ordered Terms Public Offense, which address the child's alleged behavior(s), and may order participation in a service, program or local resource to assist the child.D. The Commonwealth may move to dismiss the case without prejudice and may reinitiate the original complaint with the court designated worker if the child is eligible for diversion and has not failed a diversion agreement on the same charge. If the court dismisses for lack of jurisdiction pursuant to JCRPP 2.E. 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. Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 12
Added by Order 2015-15, eff. 7/1/2015; amended by effective 10/1/2016; amended by Order 2019-15, eff. 2/1/2020.Commentary
Counsel shall be appointed to a child from the time he/she would first be entitled to counsel, if an adult, until and unless a determination is made that he is not an indigent person under KRS 31.100(5). See D.R. v. Commonwealth, 64 S.W.3d 292, 296 (Ky. 2001). If the court finds after appointment that the child is not an indigent person, the parents may be ordered to pay for the services subject to the provisions of KRS 31.125. If an attorney is retained for the child who has appointed counsel, the retained attorney may substitute as counsel.