Kentucky Statutes 610.110 – Disposition of case
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(1) The disposition shall determine the action to be taken by the court on behalf of, and in the best interest of, the child under the provisions of KRS Chapter 630 or 635.
(2) At the disposition, all information helpful in making a proper disposition, including oral and written reports and the results of a validated risk and needs assessment, shall be received by the court in compliance with subsection (1) of this section and relied upon to the extent of their probative value, provided that the parties or their counsel shall be afforded an opportunity to examine and controvert the reports.
(3) The court shall, and the Department of Juvenile Justice may upon request, notify the law enforcement agency of the child’s city, county, or urban-county of residence as appropriate and the law enforcement agencies where any offense was committed of the disposition of each case and of each child committed by the court who is placed in a residential treatment facility by the Department of Juvenile Justice or the cabinet.
(4) If any court commits a child to the Department of Juvenile Justice or the cabinet, a child-caring facility, or child-placing agency, the court shall cause to be transmitted to the Department of Juvenile Justice or the cabinet, facility, or agency, as appropriate, a certified copy of the commitment order, together with a summary of the court’s information concerning the child. A certified copy of the court order shall be proof of the authority of the Department of Juvenile Justice or the cabinet, facility, or agency to hold the child. Such certified order shall be sufficient authority for any law enforcement officer to take into custody any person named therein and deliver him or her to such a place as shall be directed by the Department of Juvenile Justice or the cabinet, facility, or agency given custody of him or her in the order.
(5) In placing a child on probation in a home or boarding home, or in committing a child to a child-caring facility or child-placing agency, the court shall as far as practicable select a home, facility, or agency operated or governed by persons of a similar religious faith as the parents of the child.
(6) Upon motion of the child and agreement of the Department of Juvenile Justice or the cabinet, as appropriate, the court may authorize an extension of commitment up to age twenty-one (21) for the purpose of permitting the Department of Juvenile Justice or the cabinet, as appropriate, to assist the child in establishing independent living arrangements if a return to the child’s home is not in his or her best interest.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 132, sec. 38, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 606, sec. 21, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 358, sec. 24, effective July 1, 1997. — Amended 1988 Ky. Acts ch. 350, sec. 22, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 30, effective July 1,
1987.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec.
67(3), the amendment of this statute by Section 24 of that Act becomes effective July
1, 1997, in that it deals with functions of the Department of Juvenile Justice.
(2) At the disposition, all information helpful in making a proper disposition, including oral and written reports and the results of a validated risk and needs assessment, shall be received by the court in compliance with subsection (1) of this section and relied upon to the extent of their probative value, provided that the parties or their counsel shall be afforded an opportunity to examine and controvert the reports.
Terms Used In Kentucky Statutes 610.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- City: includes town. See Kentucky Statutes 446.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
- 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 - validated risk and needs assessment: means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when properly addressed, can reduce that person's likelihood of committing future criminal behavior. See Kentucky Statutes 446.010
(3) The court shall, and the Department of Juvenile Justice may upon request, notify the law enforcement agency of the child’s city, county, or urban-county of residence as appropriate and the law enforcement agencies where any offense was committed of the disposition of each case and of each child committed by the court who is placed in a residential treatment facility by the Department of Juvenile Justice or the cabinet.
(4) If any court commits a child to the Department of Juvenile Justice or the cabinet, a child-caring facility, or child-placing agency, the court shall cause to be transmitted to the Department of Juvenile Justice or the cabinet, facility, or agency, as appropriate, a certified copy of the commitment order, together with a summary of the court’s information concerning the child. A certified copy of the court order shall be proof of the authority of the Department of Juvenile Justice or the cabinet, facility, or agency to hold the child. Such certified order shall be sufficient authority for any law enforcement officer to take into custody any person named therein and deliver him or her to such a place as shall be directed by the Department of Juvenile Justice or the cabinet, facility, or agency given custody of him or her in the order.
(5) In placing a child on probation in a home or boarding home, or in committing a child to a child-caring facility or child-placing agency, the court shall as far as practicable select a home, facility, or agency operated or governed by persons of a similar religious faith as the parents of the child.
(6) Upon motion of the child and agreement of the Department of Juvenile Justice or the cabinet, as appropriate, the court may authorize an extension of commitment up to age twenty-one (21) for the purpose of permitting the Department of Juvenile Justice or the cabinet, as appropriate, to assist the child in establishing independent living arrangements if a return to the child’s home is not in his or her best interest.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 132, sec. 38, effective July 15, 2014. — Amended
1998 Ky. Acts ch. 606, sec. 21, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 358, sec. 24, effective July 1, 1997. — Amended 1988 Ky. Acts ch. 350, sec. 22, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 30, effective July 1,
1987.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec.
67(3), the amendment of this statute by Section 24 of that Act becomes effective July
1, 1997, in that it deals with functions of the Department of Juvenile Justice.