Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 3

As amended through November 7, 2024

Rule JCRPP 3 - Juvenile Rights

A. At the initial appearance the court shall:

1. Inquire whether the child has retained counsel, and if not, appoint counsel and order full access to all records.

2. Inform the child of his or her statutory rights provided in KRS 610.060.

3. Before accepting an admission or confession, make a finding on the record that the admission or confession is knowingly, intelligently and voluntarily entered.

B. Before removing a child from his or her family, the court shall first find on the record that less restrictive alternatives have been attempted, are not available, or are not feasible pursuant to KRS 620.140.

C. The court shall ensure prompt and fair hearings, and inform the parties that the rights of the child belong to the child individually and may not be waived by any other party, pursuant to KRS 610.060.

Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 3

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, as if an adult, until and unless a determination is made that he 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.