Rule JCRPP 6 - First Appearance - Status Offense CaseA. Pursuant to KRS 610.060, the judge shall explain, on the record, the child's rights and the charge, and shall present AOC-JV-49, Notice of Juvenile Rights and Consequences.B. Counsel shall be appointed for the child unless private counsel has been retained. See also JCRPP 3.A.1.C. The court may enter a valid court order utilizing the AOC-JV-36, Pre-Adjudicative Court Ordered Terms Status Offense, placing the child on pendente lite terms which address the child's alleged behavior(s), and may order participation in a service, program or local resource to assist the child.D. The Commonwealth may move to dismiss the case without prejudice and may reinitiate the original complaint with the court designated worker if the child is eligible for diversion and has not failed a diversion agreement on the same charge.Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 6
Added by Order 2015-15, eff. 7/1/2015; amended by effective 10/1/2016; amended by Order 2019-15, eff. 2/1/2020.Commentary
Counsel shall be appointed to a child from the time he/she would first be entitled to counsel, if an adult, until and unless a determination is made that the child is not an indigent person under KRS 31.100(5). See D.R. v. Commonwealth, 64 S.W.3d 292, 296 (Ky. 2001). If the court finds after appointment that the child is not an indigent person, the parents may be ordered to pay for the services subject to the provisions of KRS 31.125. If an attorney is retained for the child who has appointed counsel, the retained attorney may substitute as counsel.