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635.060 Options of court at dispositional hearing.
If in its decree the juvenile court finds that the child comes within the purview of this
chapter, the court, at the dispositional hearing, may impose any combination of the
following, except that the court shall, if a validated risk and needs assessment tool is
available, consider the validated risk and needs assessment submitted to the court and
parties by the Department of Juvenile Justice or other agency before imposing any
disposition:
(1) Order the child or his parents, guardian, or person exercising custodial control to
make restitution or reparation to any injured person to the extent, in the sum and
upon the conditions as the court determines. However, no parent, guardian, or
person exercising custodial control shall be ordered to make restitution or reparation
unless the court has provided notice of the hearing, provided opportunity to be
heard, and made a finding that the person's failure to exercise reasonable control or
supervision was a substantial factor in the child's delinquency;
(2) (a) Place the child:
1.
Under parental supervision in the child's own home or in a suitable
home or boarding home, upon the conditions that the court shall
determine, or
2.
On probation under conditions that the court shall determine.
(b) 1.
At the time the child is placed on probation, the court shall explain to
the child the sanctions which may be imposed if the court's conditions
are violated, and shall include notice of those sanctions as part of its
written order of probation. A child placed on probation shall be subject
to the visitation and supervision of a probation officer or an employee of
the Department of Juvenile Justice.
2.
The conditions of probation shall include authorization for the use of
graduated sanctions prior to a court review for the imposition of a term
of detention. If the court has previously imposed graduated sanctions for
a violation of conditions of supervision by a child monitored by the
court, or makes a finding that the graduated sanctions have previously
been imposed for a child on probation, then the court may impose a
sanction of up to thirty (30) days' detention for a violation of the
conditions of supervision or probation. A court may not impose
detention prior to use of graduated sanctions unless there is clear and
convincing evidence that there are no graduated sanctions available that
are appropriate for the child and the child is an immediate threat to
himself or others. Except where commitment has been probated
pursuant to subsection (5) of this section, a child may not be committed
or recommitted to the Department of Juvenile Justice for a violation of a
condition of probation.
(c) A child placed on probation or supervision with court monitoring shall remain
subject to the jurisdiction of the court as follows, except that if a person is
placed on probation after the person reaches the age of seventeen (17) years
(3)
(a)
(b)
(4)
(a)
and six (6) months, the probation shall be for a period not to exceed one (1)
year:
1.
If the child was adjudicated for an offense that would be a violation if
committed by an adult, the period of probation or supervision shall not
exceed thirty (30) days, except that the court may order up to three (3)
months of supervision if the court-ordered treatment includes a program
that requires longer than thirty (30) days to complete;
2.
If the child was adjudicated for an offense that would be a misdemeanor
if committed by an adult, other than an offense for which a child has
been declared a juvenile sex offender under KRS 635.510 or an offense
involving a deadly weapon, the period of probation or supervision shall
not exceed six (6) months, except that the court may order up to twelve
(12) months of supervision if the court-ordered substance abuse or
mental health treatment includes a program that requires longer than six
(6) months to complete;
3.
If the child was adjudicated for an offense that would be a Class D
felony if committed by an adult, other than an offense for which a child
has been declared a juvenile sex offender under KRS 635.510 or an
offense involving a deadly weapon, the period of probation or
supervision shall not exceed twelve (12) months; or
4.
If the child was adjudicated for an offense that would be a felony offense
if committed by an adult, other than a Class D felony offense, or for an
offense involving a deadly weapon, or for an offense in which the child
has not been declared a sexual offender pursuant to KRS 635.510, the
child may be placed on probation up to age eighteen (18);
If the child was adjudicated for an offense other than an offense that would be
a violation if committed by an adult, order the child confined in an approved
secure detention facility or detention program, as authorized by KRS Chapter
15A, as follows:
1.
If the child is fourteen (14) years of age but less than sixteen (16) years
of age, the child may be confined for a period of time not to exceed
forty-five (45) days; or
2.
If the child is sixteen (16) years of age or older, the child may be
confined for a period of time not to exceed ninety (90) days.
The Department of Juvenile Justice shall pay for the confinement of children
confined pursuant to this subsection in accordance with the statewide
detention plan and administrative regulations implementing the plan;
Order the child to be committed or recommitted to the custody of the
Department of Juvenile Justice, grant guardianship to a child-caring facility or
a child-placing agency authorized to care for the child, or place the child under
the custody and supervision of a suitable person if:
1.
The child was adjudicated for an offense that would be a misdemeanor
or Class D felony if committed by an adult and the child has at least
(b)
(c)
three (3) prior adjudications, excluding prior adjudications of offenses
designated as a violation, or at least four (4) prior adjudications of
violations, which do not arise from the same course of conduct; or
2.
The child was adjudicated for an offense involving a deadly weapon, an
offense in which the child has been declared a juvenile sexual offender
under KRS 635.510, or an offense that would be a felony offense if
committed by an adult, other than a Class D felony.
The commitment shall be for the following term, subject to KRS 635.070 and
the power of the court to terminate the order and discharge the child prior
thereto:
1.
If the child was adjudicated for an offense that would be a misdemeanor
if committed by an adult, other than an offense for which a child has
been declared a juvenile sex offender under KRS 635.510 or an offense
involving a deadly weapon, the child may be committed for a period not
to exceed twelve (12) months, including all time spent in the treatment
plan established pursuant to KRS 15A.0652;
2.
If the child was adjudicated for an offense that would be a Class D
felony if committed by an adult, other than an offense for which a child
has been declared a juvenile sex offender under KRS 635.510 or an
offense involving a deadly weapon, the child may be committed for a
period not to exceed eighteen (18) months, including all time spent in
the treatment plan established pursuant to KRS 15A.0652;
3.
If the child was adjudicated for an offense that would be a felony offense
if committed by an adult, other than a Class D felony offense, or an
offense involving a deadly weapon, the child may be committed up to
age eighteen (18);
4.
If the child was adjudicated for an offense that results in the child being
declared a juvenile sexual offender, the commitment shall be as
provided in KRS 635.515;
5.
The court, in its discretion, upon motion by the child and with the
concurrence of the Department of Juvenile Justice, may authorize an
extension of commitment up to age twenty-one (21) to permit the
Department of Juvenile Justice to assist the child in establishing
independent living arrangements; and
6.
If a child is committed after the child reaches the age of seventeen (17)
years and six (6) months, and except as provided in subparagraph 4. of
this paragraph, the commitment shall be for a period not to exceed one
(1) year.
The Department of Juvenile Justice shall:
1.
Accept physical custody of a child who is detained in an approved
secure juvenile detention facility in accordance with KRS 15A.200 to
15A.240 at the time the child is committed or recommitted to the
custody of the Department of Juvenile Justice. The Department of
(d)
(5)
(a)
(b)
(c)
(d)
Juvenile Justice shall remove the child from the approved secure
juvenile detention facility and secure appropriate placement as soon as
possible but not to exceed thirty-five (35) days of the time of
commitment or recommitment; and
2.
Pay for the cost of detention from the date of commitment or
recommitment, on the current charge, until the child is removed from the
detention facility and placed.
All orders of commitment may include advisory recommendations the court
may deem proper in the best interests of the child and of the public; or
The court may probate or suspend a commitment ordered pursuant to
subsection (4) of this section, except that if a court probates or suspends a
commitment in conjunction with any other dispositional alternative, that fact
shall be explained to the juvenile and contained in a written order.
Any probation or suspension imposed shall not exceed the time limitations
established under subsection (2) of this section.
If the child successfully completes the conditions of probation, the court shall
terminate the case.
1.
The court may, for violations of the conditions of probation, revoke the
probation or suspension ordered under this section and order the child
committed.
2.
The period of the commitment shall not exceed the terms established
under subsection (4) of this section.
3.
Any time a child has spent in out-of-home placement as a result of a
violation of a condition of probation or suspension under this section
shall be credited toward the period of commitment.
4.
If a commitment is probated or suspended after a child reaches the age
of seventeen (17) years and six (6) months, the period of the suspension,
and commitment if revoked, shall be for a period not to exceed one (1)
year, but not to exceed age nineteen (19).
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 47, effective July 1, 2015. -- Amended
2004 Ky. Acts ch. 160, sec. 5, effective July 13, 2004. -- Amended 2002 Ky. Acts ch.
257, sec. 16, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 606, sec. 6,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 41, effective in part
July 1, 1997, and in part July 15, 1997. -- Amended 1994 Ky. Acts ch. 226, sec. 3,
effective July 15, 1994; and ch. 489, sec. 3, effective July 15, 1994. -- Amended
1988 Ky. Acts ch. 350, sec. 98, effective April 10, 1988. -- Created 1986 Ky. Acts
ch. 423, sec. 129, effective July 1, 1987.
Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec.
67(3), the amendments to this statute substituting the Department of Juvenile Justice
for cabinet in subsection (2) of this statute, making changes in subsection (4) of this
statute, and creating the text following subsection (6) of this statute by Section 41 of
that Act become effective July 1, 1997. By their express terms, the amendments from
1996 Ky. Acts ch. 358, sec. 41 relating to subsections (4) and (5) of this statute
become effective July 1, 1997, and the renumbering of subsection (6) is a necessary
consequence thereof. Under 1996 Ky. Acts ch. 358, sec. 67(6), the amendment to
subsection (1) of this statute by Section 41 of that Act becomes effective July 15,
1997. Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment to subsection (2) of
this statute (other than the substitution of the Department of Juvenile Justice for
cabinet) by Section 41 of that Act becomes effective July 15, 1997.
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