Kentucky Statutes 21A.190 – Pilot project to study the feasibility and desirability of conducting some open juvenile proceedings
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(1) The General Assembly respectfully requests that the Supreme Court of Kentucky institute a pilot project to study the feasibility and desirability of the opening or limited opening of court proceedings, except for proceedings related to sexual abuse, to the public which are related to:
(a) Dependency, neglect, and abuse proceedings under KRS Chapter 620; and
(b) Termination of parental rights proceedings under KRS Chapter 625.
(2) (a) The pilot project may be established in a minimum of three (3) diverse judicial districts or judicial circuits or a division or divisions thereof chosen by the Chief Justice.
(b) A pilot project authorized by this subsection shall not be established in a judicial district or judicial circuit or a division thereof when objected to by the applicable judge or county attorney.
(3) The pilot project shall:
(a) Require participating courts to be presumptively open;
(b) Last for four (4) years, unless extended or limited by the General Assembly;
and
(c) Be monitored and evaluated by the Administrative Office of the Courts to determine:
1. Whether there are adverse effects resulting from the opening of certain proceedings or release of records;
2. Whether the pilot project demonstrates a benefit to the litigants;
3. Whether the pilot project demonstrates a benefit to the public;
4. Whether the pilot project supports a determination that such proceedings should be presumptively open;
5. Whether the pilot project supports a determination that such proceedings should be closed;
6. How open proceedings under the pilot project impact the child;
7. The parameters and limits of the program;
8. Suggestions for the operation and improvement of the program;
9. Rules changes which may be needed if the program is to be made permanent and expanded to all courts; and
10. Recommendations for statutory changes which may be needed if the program is to be made permanent and expanded to all courts.
(4) The Administrative Office of the Courts:
(a) Shall provide an annual report to the Legislative Research Commission and the Interim Joint Committee on Judiciary by September 1 of each year the program is in operation with statistics, findings, and recommendations; and
(b) May make periodic progress reports and statistical reports and provide suggestions to the Interim Joint Committee on Families and Children and to
the Interim Joint Committee on Judiciary when determined necessary by the
Chief Justice.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 25, sec. 2, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 211, sec. 20, effective January 1, 2023; and ch. 223, sec. 4, effective January 1, 2023. — Amended 2018 Ky. Acts ch. 159, sec. 48, effective July
14, 2018. — Created 2016 Ky. Acts ch. 76, sec. 1, effective July 15, 2016.
(a) Dependency, neglect, and abuse proceedings under KRS Chapter 620; and
Terms Used In Kentucky Statutes 21A.190
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Termination of parental rights proceedings under KRS Chapter 625.
(2) (a) The pilot project may be established in a minimum of three (3) diverse judicial districts or judicial circuits or a division or divisions thereof chosen by the Chief Justice.
(b) A pilot project authorized by this subsection shall not be established in a judicial district or judicial circuit or a division thereof when objected to by the applicable judge or county attorney.
(3) The pilot project shall:
(a) Require participating courts to be presumptively open;
(b) Last for four (4) years, unless extended or limited by the General Assembly;
and
(c) Be monitored and evaluated by the Administrative Office of the Courts to determine:
1. Whether there are adverse effects resulting from the opening of certain proceedings or release of records;
2. Whether the pilot project demonstrates a benefit to the litigants;
3. Whether the pilot project demonstrates a benefit to the public;
4. Whether the pilot project supports a determination that such proceedings should be presumptively open;
5. Whether the pilot project supports a determination that such proceedings should be closed;
6. How open proceedings under the pilot project impact the child;
7. The parameters and limits of the program;
8. Suggestions for the operation and improvement of the program;
9. Rules changes which may be needed if the program is to be made permanent and expanded to all courts; and
10. Recommendations for statutory changes which may be needed if the program is to be made permanent and expanded to all courts.
(4) The Administrative Office of the Courts:
(a) Shall provide an annual report to the Legislative Research Commission and the Interim Joint Committee on Judiciary by September 1 of each year the program is in operation with statistics, findings, and recommendations; and
(b) May make periodic progress reports and statistical reports and provide suggestions to the Interim Joint Committee on Families and Children and to
the Interim Joint Committee on Judiciary when determined necessary by the
Chief Justice.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 25, sec. 2, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 211, sec. 20, effective January 1, 2023; and ch. 223, sec. 4, effective January 1, 2023. — Amended 2018 Ky. Acts ch. 159, sec. 48, effective July
14, 2018. — Created 2016 Ky. Acts ch. 76, sec. 1, effective July 15, 2016.