Kentucky Statutes 610.290 – Rights of juvenile
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(1) Unless a hearing is held within the time frame established by KRS § 610.265, and the necessity for detention properly established, the child shall be released to the custody of his parents, person exercising custodial control or supervision or other responsible adult pending further disposition of the case.
(2) The child shall have a right to counsel at his detention hearing determining his right to freedom pending the disposition of his case, and his parents, person exercising custodial control or supervision or other responsible adult shall have a right to attend the hearing if such attendance will not unnecessarily delay the hearing. Any person aggrieved by a proceeding under this subsection may proceed by habeas corpus to the Circuit Court.
(3) Whether the child is released before or after a hearing, or is detained as a result of such hearing, the child and his parents, person exercising custodial control or supervision or other responsible adult shall be given written notice of the time and place of the adjudicatory hearing concerning the child and an account of the specific charges against the child, including the specific statute alleged to have been violated. Such notice shall be given at least seventy-two (72) hours prior to the initial hearing on the case.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 160, sec. 4, effective April 21, 2004. — Amended
2000 Ky. Acts ch. 193, sec. 7, effective July 14, 2000. — Amended 1988 Ky. Acts ch.
350, sec. 34, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 48, effective July 1, 1987.
(2) The child shall have a right to counsel at his detention hearing determining his right to freedom pending the disposition of his case, and his parents, person exercising custodial control or supervision or other responsible adult shall have a right to attend the hearing if such attendance will not unnecessarily delay the hearing. Any person aggrieved by a proceeding under this subsection may proceed by habeas corpus to the Circuit Court.
Terms Used In Kentucky Statutes 610.290
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Statute: A law passed by a legislature.
(3) Whether the child is released before or after a hearing, or is detained as a result of such hearing, the child and his parents, person exercising custodial control or supervision or other responsible adult shall be given written notice of the time and place of the adjudicatory hearing concerning the child and an account of the specific charges against the child, including the specific statute alleged to have been violated. Such notice shall be given at least seventy-two (72) hours prior to the initial hearing on the case.
Effective: April 21, 2004
History: Amended 2004 Ky. Acts ch. 160, sec. 4, effective April 21, 2004. — Amended
2000 Ky. Acts ch. 193, sec. 7, effective July 14, 2000. — Amended 1988 Ky. Acts ch.
350, sec. 34, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 48, effective July 1, 1987.