620.140 Dispositional alternatives.
703 words·~3 min read·
/ky/chapter-620/620-140A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In determining the disposition of all cases brought on behalf of dependent,
neglected, or abused children, the juvenile session of the District Court, in the best
interest of the child, shall have but shall not be limited to the following
dispositional alternatives:
(a)Informal adjustment of the case by agreement, which may be entered into at
any time. Informal adjustment may include an agreed plan by which:
1. The parent or other person exercising custodial control or supervision
agrees that grounds exist for a finding of dependency, neglect, or abuse,
and agrees to the conditions of protective orders under paragraph
(b)of
this subsection for a duration of up to one
(1)year;
2. The action will be dismissed by the court, without hearing, at the end of
the period agreed upon if no motion is brought alleging a violation of a
protective order; and
3. If a motion is brought alleging a violation of a protective order, a
hearing will be held at which the parent or other person exercising
custodial control or supervision may contest the alleged violation, but
may not contest the original grounds for a finding of dependency,
neglect, or abuse. If a violation is found to have occurred, the court may
consider other dispositional alternatives pursuant to this section;
(b)Protective orders, such as the following:
1. Requiring the parent or any other person to abstain from any conduct
abusing, neglecting, or making the child dependent;
2. Placing the child in his or her own home under supervision of the
cabinet or its designee with services as determined to be appropriate by
the cabinet; and
3. Orders authorized by KRS 403.715 to 403.785 and by KRS Chapter
456;
(c)Removal of the child to the custody of an adult relative, fictive kin, other
person, or child-caring facility or child-placing agency, taking into
consideration the wishes of the parent or other person exercising custodial
control or supervision. Before any child is committed to the cabinet or placed
out of his or her home under the supervision of the cabinet, the court shall
determine that reasonable efforts have been made by the court or the cabinet
to prevent or eliminate the need for removal and that continuation in the home
would be contrary to the welfare of the child. If a child is to be placed with an
adult relative or fictive kin, the child, if able, parent, or other person
exercising custodial control or supervision shall provide a list to the cabinet of
possible persons to be considered;
(d)Commitment of the child to the custody of the cabinet for placement for an
indeterminate period of time not to exceed his or her attainment of the age
eighteen (18), unless the youth elects to extend his or her commitment beyond
the age of eighteen
(18)under paragraph
(e)of this subsection. Beginning at
least six
(6)months prior to an eligible youth attaining the age of eighteen
(18), the cabinet shall provide the eligible youth with education,
encouragement, assistance, and support regarding the development of a
transition plan, and inform the eligible youth of his or her right to extend
commitment beyond the age of eighteen (18); or
(e)Extend or reinstate an eligible youth's commitment up to the age of twenty-
one
(21)to receive transitional living support. The request shall be made by
the youth prior to attaining twenty
(20)years of age. A youth may opt in or
out of extended commitment up to two
(2)times prior to attaining twenty
years of age, with a ninety
(90)day grace period between the time he or she
exits and then reenters custody so long as there is documentation that his or
her request was submitted prior to attaining twenty
(20)years of age. The
court may grant an extension or reinstatement of a youth's commitment even
if the concurrence of the cabinet occurs after the youth attains twenty
years of age. Upon receipt of the request and with the concurrence of the
cabinet, the court may authorize commitment up to the age of twenty-one
(21).
(2)An order of temporary custody to the cabinet shall not be considered as a
permissible dispositional alternative.