2013 Kentucky Revised Statutes CHAPTER 610 - PROCEDURAL MATTERS 610.060 Duty of court upon formal proceeding -- Right to attend proceeding -- Payment for counsel.
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610.060 Duty of court upon formal proceeding -- Right to attend proceeding -Payment for counsel.
(1)
(2)
(3)
(4)
(5)
If the Circuit or District Court determines that a formal proceeding is required in
the interest of the child or to determine the truth or falsity of the allegations
against the child, a petition shall be required pursuant to KRS 610.020, and the
court shall, when the child is brought before the court:
(a) Explain to the child and his parents, guardian, or person exercising
custodial control their respective rights to counsel and, if the child and his
parents, guardian, or person exercising custodial control are unable to
obtain counsel, shall appoint counsel for the child, as provided in
subsection (2) of this section, and, unless specified to the contrary by
other provisions of KRS Chapters 600 to 645, may appoint counsel for the
parents, guardian, or person exercising custodial control;
(b) Explain the right against self-incrimination by saying that the child,
parents, relative, guardian, or custodian may remain silent concerning the
charges against the child, and that anything said may be used against the
child;
(c) Unless limited by statute, explain the right to confront anyone who has
accused the child and to cross-examine that person on the allegations
made against the child;
(d) Advise the child and his parents, guardian, or person exercising custodial
control of the right to appeal from a determination of the court; and
(e) Advise the child that these rights belong to him and may not be waived by
his parents, guardian, or person exercising custodial control.
(a) No court shall accept a plea or admission or conduct an adjudication
hearing involving a child accused of committing any felony offense, any
offense under KRS Chapter 510, or any offense, including the violation of
a valid court order, for which the court intends to impose detention or
commitment as a disposition unless that child is represented by counsel.
(b) For a child accused of committing any other offense, before a court
permits the child to proceed beyond notification of the right to counsel
required by paragraph (a) of subsection (1) of this subsection without
representation, the court shall:
1.
Conduct a hearing about the child's waiver of counsel; and
2.
Make specific findings of fact that the child knowingly, intelligently
and voluntarily waived his right to counsel.
Unless otherwise exempted in KRS Chapters 600 to 645, a child and his
parents or person exercising custodial control shall have a right to attend the
hearing if such attendance will not unnecessarily delay the hearing.
Subject to the provisions of KRS 31.125, the court may order a parent to pay
for counsel for the child if the court determines that the parent has the ability to
pay for such counsel. The fact that a child is committed to a state agency shall
not be cause for the court to order that agency to pay for counsel.
Subject to Rule 43.09 of the Rules of Civil Procedure, the court shall permit the
victim, the victim's parents or legal guardian, or, if emancipated, the victim's
(6)
spouse, or the legal representative of any of these, to attend all proceedings
under this section.
An attempt shall be made to notify the persons specified in subsection (5) of
this section of the time, date, and place of all proceedings under this section.
Each District Court shall, by rule, establish the means of notification and the
person or agency responsible for making the notifications. The failure of a
victim or other person specified in subsection (5) of this section to receive
notice shall not delay the proceedings in the case.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 87, sec. 4, effective July 15, 2008. -Amended 2002 Ky. Acts ch. 203, sec. 1, effective April 5, 2002. -- Amended
1998 Ky. Acts ch. 443, sec. 14, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 358, sec. 20, effective July 15, 1997. -- Amended 1988 Ky. Acts
ch. 350, sec. 18, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423,
sec. 25, effective July 1, 1987.
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