.120 Review, continuation, or termination of disposition orders.
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610.120 Review, continuation, or termination of disposition orders.
(1)
Except as otherwise provided by KRS Chapters 605 and 635, an order of
commitment or an order of protective supervision or probation made by the court in
the case of a child may be continued or terminated at any time prior to expiration on
the court's own initiative or on motion by:
(a) A child who is affected by an order of juvenile session of District Court;
(b) The family, custodian, guardian, or legal representative of such a child;
(c) The Department of Juvenile Justice or the cabinet;
(d) The county attorney of the county in which the committing court presides; or
(e) Any other person having an interest in the welfare of the child.
(2)
Grounds for such action may include but are not limited to allegations that there has
been a substantial change of material circumstances, there exists new evidence
affecting the disposition of the child, the child is no longer in need of commitment,
probation, or placement, the child has not responded to or benefited from treatment
or the child has not received adequate and proper treatment, the original
proceedings were not conducted in the manner required by law or the public interest
requires termination of the order. Upon review of the child's case, the Department
of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for
the supervision, care, or treatment of the child shall divulge and communicate such
information regarding the child as the court may require.
(3)
Except as otherwise provided by KRS Chapter 640 relating to youthful offenders,
and KRS 610.110, 620.140, 635.060, 635.090, or 635.515 relating to extending
commitment beyond the age of eighteen (18), an order of commitment, temporary
custody, or an order of protective supervision or probation made by the court in the
case of a child shall be terminated when the child attains the age of eighteen (18).
At least fourteen (14) days prior to the committed child's eighteenth birthday, the
Department of Juvenile Justice or the cabinet shall prepare a summary of the
information concerning the child and submit it with written notification to the
committing court that a child's commitment is due to expire.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 257, sec. 13, effective July 15, 2002. -- Amended
1998 Ky. Acts ch. 398, sec. 7, effective July 15, 1998; and ch. 538, sec. 8, effective
April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 23, effective April 10, 1988.
--Created 1986 Ky. Acts ch. 423, sec. 31, effective July 1, 1987.