Juvenile proceedings shall consist of two (2) distinct hearings, an adjudication and a disposition, which shall be held on separate days unless the child, after consultation with an attorney, waives the right to a formal predisposition investigation report and moves that the hearings be held the same day. However, if the disposition is to be commitment, the child's waiver shall not be valid without the consent of the Department of Juvenile Justice or the cabinet.
(1) The adjudication shall determine the truth or falsity of the allegations in the petition and shall be made on the basis of an admission or confession of the child to the court or by the taking of evidence.
(2) Unless otherwise exempted, upon motion by any child brought before the court on a petition under KRS 610.010(1), or 610.010(2)(a), (b), or (c), the Rules of Criminal Procedure shall apply. All adjudications shall be supported by evidence beyond a reasonable doubt, unless specified to the contrary by other provisions of KRS Chapters 600 to 645. For actions under KRS 610.010(2)(d) the Kentucky Rules of Civil Procedure shall apply. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 87, sec. 18, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 538, sec. 7, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 20, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 27, effective July 1, 1987.
Notes of Decisions
C.C. v. Cabinet for Health & Fam. Servs., 330 S.W.3d 83 (Ky. 2011).
· cites it 7× “KRS 610.080 states that all juvenile proceedings shall be bifurcated into two separate hearings, an adjudication and a disposition.”
J.E. v. Cabinet for Health & Fam. Servs., 553 S.W.3d 850 (Ky. Ct. App. 2018).
· cites it 2× “KRS 610.080. In the present cases, we must decide whether the rights of all *852 parties have been fully adjudicated for purposes of appellate review in the absence of the completion of both the adjudication and disposition hearings.”
R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014).
· cites it 2× “KRS 610.080(1). . KRS 610.080(2); see also In re Winship, 397 U.”
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
· cites it 2× “KRS 610.080. . KRS 610.080(1); see also KRS 620.”
B.H. v. Commonwealth, 494 S.W.3d 467 (Ky. 2016).
· cites it 3× “KRS 610.080; KRS 635.060. *470 At the formal adjudication hearing, the juvenile may have a bench trial to determine whether he committed the charged offense or a lesser included offense.”
Cabinet for Health & Fam. v. J.M.G., 475 S.W.3d 600 (Ky. 2015).
“KRS 610.080 requires that in juvenile proceedings adjudication and disposition hearings be separate and distinct.”
N.C. v. Commonwealth, 396 S.W.3d 852 (Ky. 2013).
“In an adult prosecution or a youthful offender trial the jury determines only if guilt has been established beyond a reasonable doubt.”
F. v. Brown, 306 S.W.3d 80 (Ky. 2010).
“KRS 610.080(2). *91 In addition, DNA sampling does not significantly undermine a juvenile offender’s interest in the confidentiality of Ms or her records.”
Q.M. v. Commonwealth, 459 S.W.3d 360 (Ky. 2015).
· cites it 6× “KRS 610.080. “The adjudication shall determine the truth or falsity of the allegations in the petition.”
K.F. v. Commonwealth, 274 S.W.3d 457 (Ky. Ct. App. 2008).
· cites it 3× “KRS 610.080 states: Juvenile proceedings shall consist of two (2) distinct hearings, an adjudication and a disposition, which shall be held on separate days unless the child, after consultation with an attorney, waives the right to a formal predisposition investigation report…”
A.C. v. Commonwealth, 314 S.W.3d 319 (Ky. Ct. App. 2010).
· cites it 2× “admitted to the charge of being beyond control, in violation of KRS 610.080. Nonetheless, on appeal, AC.’s counsel states that “it is possible, based upon the comprehensive order entered by the family court judge on June 28, 2007, that an agreement was reached between the County…”
— Ky. Rev. Stat. § 610.080(1) — 14 cases
R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014).
“KRS 610.080(1). . KRS 610.080(2); see also In re Winship, 397 U.”
N.C. v. Commonwealth, 396 S.W.3d 852 (Ky. 2013).
“In an adult prosecution or a youthful offender trial the jury determines only if guilt has been established beyond a reasonable doubt.”
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
“KRS 610.080. . KRS 610.080(1); see also KRS 620.”
B.H. v. Commonwealth, 494 S.W.3d 467 (Ky. 2016).
“KRS 610.080; KRS 635.060. *470 At the formal adjudication hearing, the juvenile may have a bench trial to determine whether he committed the charged offense or a lesser included offense.”
— Ky. Rev. Stat. § 610.080(2) — 8 cases
C.C. v. Cabinet for Health & Fam. Servs., 330 S.W.3d 83 (Ky. 2011).
“KRS 610.080 states that all juvenile proceedings shall be bifurcated into two separate hearings, an adjudication and a disposition.”
R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014).
“KRS 610.080(1). . KRS 610.080(2); see also In re Winship, 397 U.”
F. v. Brown, 306 S.W.3d 80 (Ky. 2010).
“KRS 610.080(2). *91 In addition, DNA sampling does not significantly undermine a juvenile offender’s interest in the confidentiality of Ms or her records.”
Q.M. v. Commonwealth, 459 S.W.3d 360 (Ky. 2015).
“KRS 610.080. “The adjudication shall determine the truth or falsity of the allegations in the petition.”
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