Most juvenile cases begin with a preliminary inquiry to assess the case and informs the child and the parent or guardian if the juvenile is eligible for diversion programs. However, the child or county attorney might request the case to be referred directly to juvenile court for resolution.

There are two primary classes of cases against juveniles: public offenses and status offenses.

“Public offenses” are offenses that are crimes if the offender is an adult. These offenses range from ordinance violations to felonies.

“Status offenses” are offenses that if committed by a person 18 or older are not crimes. Truancy, runaways, and beyond control are common status offenses.

FAQ

How do I file a charge against a juvenile?”

To file a complaint against a juvenile, please contact the Greenup County Court Designated Worker at 606-473-5300.

What happens after a juvenile is arrested for a crime?

By law, any child detained by the county has a right to a confidential juvenile detention hearing within 24 hours, excluding weekends and holidays, if accused of a status offense, or within 48 hours, if accused of a status offense. The purpose of the hearing is for the court to determine if the child should continue to be detained. Some of the factors considered by the court are: the nature/seriousness of the offense, the child’s previous involvement in the court system, and other information relevant to the child’s conduct or conditions.

After the court determines if the child will be detained, confidential juvenile court proceedings begin. The child, accompanied by a parent or guardian, and represented by legal counsel, is arraigned and advised of the child’s rights. At the arraignment, the child may decide to admit or deny the offense, dependent upon the advice of legal counsel.

If the child admits to the offense on the record, the case will be schedule for a disposition hearing, similar to a sentencing hearing for adults. If the child denies the, the case will be scheduled for an adjudication hearing.

Does the child need an attorney for a juvenile case?

The attendance of parents and representation by counsel are crucial at every stage of juvenile proceedings, especially detention hearings, transfer hearings and disposition hearings. Juvenile defendants in the Commonwealth of Kentucky are automatically appointed a public defender.

Under KRS 635.020(4), a court does not have to consider the factors enumerated above and the child shall be automatically transferred to circuit court if the district court finds probable case to believe:

  • The child committed a felony,
  • A firearm was used in the commission of the felony, and
  • The child was 14 years of age or older at the time of the commission of the alleged felony.

What type of sentence can be imposed in juvenile court?

The following are only examples of what the juvenile court may order (for specifics about probation, commitment and detention, see KRS 635.060):

  • Order your child to pay restitution or reparation to any injured person.
  • Order parents or guardians to pay restitution or reparation to any injured person if the court finds that the person’s failure to exercise reasonable control or supervision was a substantial factor in the child’s delinquency
  • Place the child on supervised probation in the child’s own home or in a suitable home or boarding home (A child placed on probation shall be subject to the visitation and supervision of a probation officer or an employee of the Department of Juvenile Justice.) For specifics about the terms, conditions and duration of probation, see KRS 635.060.
  • Commit the child to the custody of the Department of Juvenile Justice, or grant guardianship to a child-caring facility, a child-placing agency authorized to care for the child, or place the child under the custody and supervision of a suitable person. For specifics about the terms, conditions and duration of commitment, see KRS 635.060.
  • If the child is fourteen (14) years of age but less than sixteen (16) years of age, order that the child be confined in an approved secure juvenile detention facility, juvenile holding facility, or approved detention program as authorized by the Department of Juvenile Justice for a period of time not to exceed forty-five (45) days; or
  • Any combination of the dispositions listed above except that, if a court probates or suspends a commitment in conjunction with any other dispositional alternative, that fact shall be explained to the juvenile and contained in a written order.

If the child is sixteen (16) years of age or older, order that the child be confined in an approved secure juvenile detention facility, juvenile holding facility, or approved detention program as authorized by the Department of Juvenile Justice for a period of time not to exceed ninety (90) days. For specifics about the terms, conditions and duration of detention, see KRS 635.060.