Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 14

As amended through November 7, 2024

Rule JCRPP 14 - Adjudication Hearing - Public Offense Case

A record shall be made of all adjudication hearings utilizing the AOC-JV-50, Adjudication Order (Public and Status Offense), which shall include the following as applicable:

A. Dismissal. Upon motion of the county attorney a public offense case may be dismissed at the adjudication hearing.

B. Admission. Prior to accepting an admission or confession from a child to the truthfulness of the allegations in the petition or any amendments thereto, the court shall inform the child of his or her rights, on the record, as contained in AOC-JV-49, Notice of Juvenile Rights and Consequences, and shall make a finding that the admission is knowingly, intelligently and voluntarily entered. Any admission shall be made utilizing the AOC-JV-51, Admission or Confession and Waiver of Formal Adjudication Hearing and shall be signed by the child and counsel for the child, and shall be signed as having seen and agreed by the county attorney.

C. Adjudication Hearing. The court shall conduct an evidentiary hearing unless the case has been dismissed or the court has accepted an admission or confession.

1. Findings. The court shall make a written finding that the allegations in the petition are true and set the case for disposition; or

2. The court shall make a written finding that the allegations in the petition are not proven and the case shall be dismissed.

3. The court shall advise the child of his or her right to have the juvenile court record expunged pursuant to KRS 610.330.

D. Risk and Needs Assessment. The court shall not make a disposition without reviewing the results of the risk and needs assessment conducted by the Department of Juvenile Justice; the assessment cannot be waived. KRS 15A.0652(1)(b). KRS 610.110(2).

E. Predisposition Investigation Report.

1. The court shall order a predisposition investigation report (PDI) if a suitable prior PDI is not available, unless appropriately waived by the child.

2. The court shall order the PDI to be prepared by the Department of Juvenile Justice if commitment to the Department is being considered and the PDI may not be waived without the consent of the Department of Juvenile Justice; or

3. At the discretion of the court, the PDI may be prepared by a suitable public or private agency if commitment to the Department is not being considered.

4. The PDI shall be provided to the court and to counsel for the parties three (3) days prior to the disposition hearing, unless the three-day period has been waived; and

5. The parties shall be afforded the opportunity to examine and controvert the report; and

6. The report shall be filed in the record.

Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 14

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

The Adjudication Hearing referenced in this rule is a specific stage of the proceeding which is followed by Disposition, or resolution of the case. The Juvenile Code also refers to "adjudicatory hearings," which are any hearings where a court considers evidence and enters orders, and should be distinguished from this hearing which is a required step in formal juvenile proceedings.