Kentucky Statutes 610.120 – Review or termination of disposition orders
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(1) Except as otherwise provided by KRS Chapters 605 and 635, an order of commitment or an order of supervision or probation made by the court in the case of a child may be terminated at any time prior to expiration on the court’s own initiative or on motion by:
(a) A child who is affected by an order of juvenile session of District Court; (b) The family, custodian, guardian, or legal representative of such a child; (c) The Department of Juvenile Justice or the cabinet;
(d) The county attorney of the county in which the committing court presides; or
(e) Any other person having an interest in the welfare of the child.
(2) Grounds for such action may include but are not limited to allegations that there has been a substantial change of material circumstances, there exists new evidence affecting the disposition of the child, the child is no longer in need of commitment, probation, or placement, the child has not responded to or benefited from treatment or the child has not received adequate and proper treatment, the original proceedings were not conducted in the manner required by law or the public interest requires termination of the order. Upon review of the child’s case, the Department of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for the supervision, care, or treatment of the child shall divulge and communicate such information regarding the child as the court may require.
(3) Except as otherwise provided by KRS Chapter 640 relating to youthful offenders, and KRS § 610.110, 620.140, 635.060, 635.090, 635.515, or 645.140, relating to extending commitment beyond the age of eighteen (18), an order of commitment, temporary custody, or an order of supervision or probation made by the court in the case of a child shall be terminated when the child attains the age of eighteen (18) unless otherwise provided in law. At least fourteen (14) days prior to the termination of an order of commitment, the Department of Juvenile Justice or the cabinet shall prepare a summary of the information concerning the child and submit it with written notification to the committing court that a child’s commitment is due to expire.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 39, effective July 1, 2015. — Amended
2002 Ky. Acts ch. 257, sec. 13, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 398, sec. 7, effective July 15, 1998; and ch. 538, sec. 8, effective April 13, 1998.
— Amended 1988 Ky. Acts ch. 350, sec. 23, effective April 10, 1988. –Created 1986
Ky. Acts ch. 423, sec. 31, effective July 1, 1987.
(a) A child who is affected by an order of juvenile session of District Court; (b) The family, custodian, guardian, or legal representative of such a child; (c) The Department of Juvenile Justice or the cabinet;
Terms Used In Kentucky Statutes 610.120
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(d) The county attorney of the county in which the committing court presides; or
(e) Any other person having an interest in the welfare of the child.
(2) Grounds for such action may include but are not limited to allegations that there has been a substantial change of material circumstances, there exists new evidence affecting the disposition of the child, the child is no longer in need of commitment, probation, or placement, the child has not responded to or benefited from treatment or the child has not received adequate and proper treatment, the original proceedings were not conducted in the manner required by law or the public interest requires termination of the order. Upon review of the child’s case, the Department of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for the supervision, care, or treatment of the child shall divulge and communicate such information regarding the child as the court may require.
(3) Except as otherwise provided by KRS Chapter 640 relating to youthful offenders, and KRS § 610.110, 620.140, 635.060, 635.090, 635.515, or 645.140, relating to extending commitment beyond the age of eighteen (18), an order of commitment, temporary custody, or an order of supervision or probation made by the court in the case of a child shall be terminated when the child attains the age of eighteen (18) unless otherwise provided in law. At least fourteen (14) days prior to the termination of an order of commitment, the Department of Juvenile Justice or the cabinet shall prepare a summary of the information concerning the child and submit it with written notification to the committing court that a child’s commitment is due to expire.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 39, effective July 1, 2015. — Amended
2002 Ky. Acts ch. 257, sec. 13, effective July 15, 2002. — Amended 1998 Ky. Acts ch. 398, sec. 7, effective July 15, 1998; and ch. 538, sec. 8, effective April 13, 1998.
— Amended 1988 Ky. Acts ch. 350, sec. 23, effective April 10, 1988. –Created 1986
Ky. Acts ch. 423, sec. 31, effective July 1, 1987.