2016 Kentucky Revised Statutes CHAPTER 21A - SUPREME COURT OF KENTUCKY .190 Pilot project to study the feasibility and desirability of conducting some open juvenile proceedings.
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21A.190 Pilot project to study the feasibility and desirability of conducting some
open juvenile proceedings.
(1)
(2)
(3)
(4)
The General Assembly respectfully requests that the Supreme Court of Kentucky
institute a pilot project to study the feasibility and desirability of the opening or
limited opening of court proceedings, except for proceedings related to sexual
abuse, to the public which are related to:
(a) Dependency, neglect, and abuse proceedings under KRS Chapter 620; and
(b) Termination of parental rights proceedings under KRS Chapter 625.
(a) The pilot project may be established in a minimum of three (3) diverse
judicial districts or judicial circuits or a division or divisions thereof chosen
by the Chief Justice.
(b) A pilot project authorized by this subsection shall not be established in a
judicial district or judicial circuit or a division thereof when objected to by the
applicable judge or county attorney.
The pilot project shall:
(a) Require participating courts to be presumptively open;
(b) Last for four (4) years, unless extended or limited by the General Assembly;
and
(c) Be monitored and evaluated by the Administrative Office of the Courts to
determine:
1.
Whether there are adverse effects resulting from the opening of certain
proceedings or release of records;
2.
Whether the pilot project demonstrates a benefit to the litigants;
3.
Whether the pilot project demonstrates a benefit to the public;
4.
Whether the pilot project supports a determination that such proceedings
should be presumptively open;
5.
Whether the pilot project supports a determination that such proceedings
should be closed;
6.
How open proceedings under the pilot project impact the child;
7.
The parameters and limits of the program;
8.
Suggestions for the operation and improvement of the program;
9.
Rules changes which may be needed if the program is to be made
permanent and expanded to all courts; and
10. Recommendations for statutory changes which may be needed if the
program is to be made permanent and expanded to all courts.
The Administrative Office of the Courts:
(a) Shall provide an annual report to the Legislative Research Commission, the
Interim Joint Committee on Health and Welfare, and the Interim Joint
Committee on Judiciary by September 1 of each year the program is in
operation with statistics, findings, and recommendations; and
(b)
May make periodic progress reports and statistical reports and provide
suggestions to the Interim Joint Committee on Health and Welfare and to the
Interim Joint Committee on Judiciary when determined necessary by the Chief
Justice.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 76, sec. 1, effective July 15, 2016.
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