Kentucky Statutes 645.070 – Hearing procedure
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(1) All hearings under this chapter shall be conducted in accordance with the Kentucky
Rules of Criminal Procedure unless otherwise provided.
(2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the child’s physical or mental health. Hearings may be held in chambers, the hospital, or any other suitable place.
(3) The child shall have the right to be present at any hearing under this chapter unless: (a) He and his counsel have waived this right; or
(b) On motion of any interested party, the court determines the child’s presence at all or part of the hearing is likely to have a harmful effect on the child’s physical or mental health.
(4) The child and his counsel shall have the right to cross-examine witnesses and to present testimony and evidence in opposition to certification, including the testimony of a qualified mental health professional.
(5) The child’s parents shall have a right to participate in the hearing.
(6) The court may, on its own motion, subpoena and question relevant witnesses.
Effective: April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 114, effective April 10, 1988. — Created
1986 Ky. Acts ch. 423, sec. 152, effective July 1, 1987.
Rules of Criminal Procedure unless otherwise provided.
Terms Used In Kentucky Statutes 645.070
- Chambers: A judge's office.
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the child’s physical or mental health. Hearings may be held in chambers, the hospital, or any other suitable place.
(3) The child shall have the right to be present at any hearing under this chapter unless: (a) He and his counsel have waived this right; or
(b) On motion of any interested party, the court determines the child’s presence at all or part of the hearing is likely to have a harmful effect on the child’s physical or mental health.
(4) The child and his counsel shall have the right to cross-examine witnesses and to present testimony and evidence in opposition to certification, including the testimony of a qualified mental health professional.
(5) The child’s parents shall have a right to participate in the hearing.
(6) The court may, on its own motion, subpoena and question relevant witnesses.
Effective: April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 114, effective April 10, 1988. — Created
1986 Ky. Acts ch. 423, sec. 152, effective July 1, 1987.