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610.010 District Court jurisdiction of juvenile matters. (Effective until July 1,
2015)
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Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session
of the District Court of each county shall have exclusive jurisdiction in
proceedings concerning any child living or found within the county who has not
reached his or her eighteenth birthday or of any person who at the time of
committing a public offense was under the age of eighteen (18) years, who
allegedly has committed a public offense prior to his or her eighteenth birthday,
except a motor vehicle offense involving a child sixteen (16) years of age or
older. A child sixteen (16) years of age or older taken into custody upon the
allegation that the child has committed a motor vehicle offense shall be treated
as an adult and shall have the same conditions of release applied to him or her
as an adult. A child taken into custody upon the allegation that he or she has
committed a motor vehicle offense who is not released under conditions of
release applicable to adults shall be held, pending his or her appearance
before the District Court, in a facility as defined in KRS 15A.067. Children
sixteen (16) years of age or older who are convicted of, or plead guilty to, a
motor vehicle offense shall, if sentenced to a term of confinement, be placed in
a facility for that period of confinement preceding their eighteenth birthday and
an adult detention facility for that period of confinement subsequent to their
eighteenth birthday. The term "motor vehicle offense" shall not be deemed to
include the offense of stealing or converting a motor vehicle nor operating the
same without the owner's consent nor any offense which constitutes a felony;
Unless otherwise exempted by KRS Chapters 600 to 645, the juvenile session
of the District Court of each county or the family division of the Circuit Court
shall have exclusive jurisdiction in proceedings concerning any child living or
found within the county who has not reached his or her eighteenth birthday and
who allegedly:
(a) Is beyond the control of the school or beyond the control of parents as
defined in KRS 600.020;
(b) Is an habitual truant from school;
(c) Is an habitual runaway from his or her parent or other person exercising
custodial control or supervision of the child;
(d) Is dependent, neglected, or abused;
(e) Has committed an alcohol offense in violation of KRS 244.085;
(f) Has committed a tobacco offense as provided in KRS 438.305 to
438.340; or
(g) Is mentally ill.
Actions brought under subsection (1) of this section shall be considered to be
public offense actions.
Actions brought under subsection (2)(a), (b), (c), (e), and (f) of this section shall
be considered to be status offense actions.
Actions brought under subsection (2)(d) of this section shall be considered to
be nonoffender actions.
Actions brought under subsection (2)(g) of this section shall be considered to
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be mental health actions.
Nothing in this chapter shall deprive other courts of the jurisdiction to determine
the custody or guardianship of children upon writs of habeas corpus or to
determine the custody or guardianship of children when such custody or
guardianship is incidental to the determination of other causes pending in such
other courts; nor shall anything in this chapter affect the jurisdiction of Circuit
Courts over adoptions and proceedings for termination of parental rights.
The court shall have no jurisdiction to make permanent awards of custody of a
child except as provided by KRS 620.027.
If the court finds an emergency to exist affecting the welfare of a child, or if the
child is eligible for kinship care as established in KRS 605.120, it may make
temporary orders for the child's custody; however, if the case involves
allegations of dependency, neglect, or abuse, no emergency removal or
temporary custody orders shall be effective unless the provisions of KRS
Chapter 620 are followed. Such orders shall be entirely without prejudice to the
proceedings for permanent custody of the child and shall remain in effect until
modified or set aside by the court. Upon the entry of a temporary or final
judgment in the Circuit Court awarding custody of such child, all prior orders of
the juvenile session of the District Court in conflict therewith shall be deemed
canceled. This section shall not work to deprive the Circuit Court of jurisdiction
over cases filed in Circuit Court.
The court of each county wherein a public offense, as defined in subsection (1)
of this section, is committed by a child who is a resident of another county of
this state shall have concurrent jurisdiction over such child with the court of the
county wherein the child resides or the court of the county where the child is
found. Whichever court first acquires jurisdiction of such child may proceed to
final disposition of the case, or in its discretion may make an order transferring
the case to the court of the county of the child's residence or the county
wherein the offense was committed, as the case may be.
Nothing in this chapter shall prevent the court from holding a child in contempt
of court to enforce valid court orders previously issued by the court, subject to
the requirements contained in KRS 610.265 and 630.080.
Except as provided in KRS 630.120(5), 635.060(3), or 635.090, nothing in this
chapter shall confer upon the District Court or the family division of the Circuit
Court, as appropriate, jurisdiction over the actions of the Department of
Juvenile Justice or the cabinet in the placement, care, or treatment of a child
committed to the Department of Juvenile Justice or committed to or in the
custody of the cabinet; or to require the department or the cabinet to perform,
or to refrain from performing, any specific act in the placement, care, or
treatment of any child committed to the department or committed to or in the
custody of the cabinet.
Unless precluded by KRS Chapter 635 or 640, in addition to informal
adjustment, the court shall have the discretion to amend the petition to reflect
jurisdiction pursuant to the proper chapter of the Kentucky Unified Juvenile
Code.
The court shall have continuing jurisdiction over a child pursuant to subsection
(1) of this section, to review dispositional orders, and to conduct permanency
hearings under 42 U.S.C. sec. 675(5)(c) until the child is placed for adoption,
returned home to his or her parents with all the court imposed conditions
terminated, or reaches the age of eighteen (18) years.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 87, sec. 3, effective July 15, 2008. -Amended 2002 Ky. Acts ch. 257, sec. 12, effective July 15, 2002. -- Amended
2000 Ky. Acts ch. 60, sec. 2, effective July 14, 2000; ch 193, sec. 2, effective
July 14, 2000; and ch. 306, sec. 2, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 443, sec. 13, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
358, sec. 18, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 226, sec. 2,
effective July 15, 1994; ch. 318, sec. 1, effective July 15, 1994; and ch. 489,
sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 14,
effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 20, effective July
1, 1987.
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