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610.070 Hearings.
(1)
(2)
(3)
(4)
All cases involving children brought before the court whose cases are under
the jurisdiction of the court shall be granted a speedy hearing and shall be
dealt with by the court without a jury.
The hearings shall be conducted in a formal manner, unless specified to the
contrary by other provisions of KRS Chapters 600 to 645.
The general public shall be excluded and only the immediate families or
guardians of the parties before the court, witnesses necessary for the
prosecution and defense of the case, the probation worker with direct interest
in the case, a representative from the Department of Juvenile Justice, the
victim, his parent or legal guardian, or if emancipated, his spouse, or a legal
representative of either, such persons admitted as the judge shall find have a
direct interest in the case or in the work of the court, and such other persons as
agreed to by the child and his attorney may be admitted to the hearing. A
parent, legal guardian, or spouse if a witness shall be admitted to the hearing
only during and after his testimony at the hearing, and witnesses shall be
admitted to the hearing only for the duration of their testimony. The court may
order the exclusion of a parent, legal guardian, or spouse, if it is shown to the
satisfaction of the court that the parent, legal guardian, or spouse may
physically disrupt the proceedings or may do violence to any participant
therein. The mere presence of a parent, legal guardian, or spouse shall not be
deemed to be a disruption of the proceedings merely because their presence
may make the defendant uncomfortable; the court shall find a potential for
actual physical disruption of the proceedings before an exclusion may be
granted for this reason.
The court may order the parents, guardians, or persons exercising custodial
control over the child to be present at any hearing or other proceeding involving
the child.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 443, sec. 15, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 358, sec. 21, effective July 15, 1997. -- Amended
1994 Ky. Acts ch. 407, sec. 1, effective July 15, 1994. -- Amended 1988 Ky.
Acts ch. 350, sec. 19, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423,
sec. 26, effective July 1, 1987.
Legislative Research Commission Note (7/15/94). In 1994 Ky. Acts ch. 407,
sec. 1, the sentence beginning "A parent, legal guardian, or spouse if a witness"
in subsection (3) of this statute had instead "of a witness". The drafter advises
and the context clearly establishes that "if" not "of" should appear here, and this
correction has been made to remedy manifest clerical or typographical error
under KRS 7.136(1)(h).
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