(1) Except as otherwise provided by KRS Chapters 605 and 635, an order of
commitment or an order of supervision or probation made by the court in the case of
a child may be terminated at any time prior to expiration on the court's own
initiative or on motion by:
(a) A child who is affected by an order of juvenile session of District Court;
(b) The family, custodian, guardian, or legal representative of such a child;
(c) The Department of Juvenile Justice or the cabinet;
(d) The county attorney of the county in which the committing court presides; or
(e) Any other person having an interest in the welfare of the child.
(2) Grounds for such action may include but are not limited to allegations that there has
been a substantial change of material circumstances, there exists new evidence
affecting the disposition of the child, the child is no longer in need of commitment,
probation, or placement, the child has not responded to or benefited from treatment
or the child has not received adequate and proper treatment, the original
proceedings were not conducted in the manner required by law or the public interest
requires termination of the order. Upon review of the child's case, the Department
of Juvenile Justice, the cabinet, any agency, facility, or individual responsible for
the supervision, care, or treatment of the child shall divulge and communicate such
information regarding the child as the court may require.
(3) Except as otherwise provided by KRS Chapter 640 relating to youthful offenders,
and KRS 610.110, 620.140, 635.060, 635.090, 635.515, or 645.140, relating to
extending commitment beyond the age of eighteen (18), an order of commitment,
temporary custody, or an order of supervision or probation made by the court in the
case of a child shall be terminated when the child attains the age of eighteen (18)
unless otherwise provided in law. At least fourteen (14) days prior to the
termination of an order of commitment, the Department of Juvenile Justice or the
cabinet shall prepare a summary of the information concerning the child and submit
it with written notification to the committing court that a child's commitment is due
to expire.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 39, effective July 1, 2015. -- Amended
2002 Ky. Acts ch. 257, sec. 13, effective July 15, 2002. -- Amended 1998 Ky. Acts
ch. 398, sec. 7, effective July 15, 1998; and ch. 538, sec. 8, effective April 13, 1998.
-- Amended 1988 Ky. Acts ch. 350, sec. 23, effective April 10, 1988. --Created 1986
Ky. Acts ch. 423, sec. 31, effective July 1, 1987.
Notes of Decisions
Commonwealth v. Carneal (2008)
ky
“KRS 610.120(1) (juvenile disposition orders “may be continued or terminated at any time prior to expiration on the court’s own initiative or on motion”).”
B.C. v. B.T. (2005)
kyctapp
“720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. . KRS 620.027 (stating that "[i]n any case where the child is actually residing with a grandparent in a stable relationship, the…”
Cabinet for Human Resources v. D.S. (1988)
kyctapp · cites it 4×
“205 (as modified by the Kentucky Unified Juvenile Code, now KRS 610.120). However, after determining that the circuit court had terminated all parental rights to the child and had vested full care, custody and control of the child in the cabinet, the district court concluded…”
J.D. v. Commonwealth (2006)
kyctapp
“For this reason, he argued, the proceedings were not conducted as required by law and his commitment should be terminated pursuant to KRS 610.120. The district court denied the motion in a handwritten docket order entered March 29, 2005: “Mt.”
J.K.B. v. Commonwealth (2011)
kyctapp · cites it 2×
“” KRS § 610.120(8) (Emphasis added). As these two statutes indicate, the Hardin Family Court no longer has jurisdiction over Child once he turns 18.”
Wayman Elliott v. Bobbie Smith (2021)
kyctapp · cites it 2×
“Consequently, KRS 610.120 governs, and there is an expectation that the court, with CHFS involvement, will determine whether the commitment should be terminated.”
JD v. Com. (2006)
kyctapp
“For this reason, he argued, the proceedings were not conducted as required by law and his commitment should be terminated pursuant to KRS 610.120. The district court denied the motion in a handwritten docket order entered March 29, 2005: "Mt.”
Bc v. Bt (2005)
kyctapp
“720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. [24] KRS 620.”
JKB v. Com. (2011)
kyctapp · cites it 2×
“" KRS § 610.120(3) (Emphasis added). As these two statutes indicate, the Hardin Family Court no longer has jurisdiction over Child once he turns 18.”
Cabinet for Human Resources v. McDonald (1988)
kyctapp
“) In a similar vein, KRS 610.120(2) specifically empowers the district court to order the appellant to provide specific information in any review of a child’s case in providing in pertinent part: .”
— Ky. Rev. Stat. § 610.120(1) — 2 cases
Commonwealth v. Carneal (2008)
ky
“KRS 610.120(1) (juvenile disposition orders “may be continued or terminated at any time prior to expiration on the court’s own initiative or on motion”).”
Wayman Elliott v. Bobbie Smith (2021)
kyctapp
“Consequently, KRS 610.120 governs, and there is an expectation that the court, with CHFS involvement, will determine whether the commitment should be terminated.”
— Ky. Rev. Stat. § 610.120(1)(b) — 1 case
Bc v. Bt (2005)
kyctapp
“720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. [24] KRS 620.”
— Ky. Rev. Stat. § 610.120(2) — 1 case
Cabinet for Human Resources v. McDonald (1988)
kyctapp
“) In a similar vein, KRS 610.120(2) specifically empowers the district court to order the appellant to provide specific information in any review of a child’s case in providing in pertinent part: .”
— Ky. Rev. Stat. § 610.120(3) — 1 case
JKB v. Com. (2011)
kyctapp
“" KRS § 610.120(3) (Emphasis added). As these two statutes indicate, the Hardin Family Court no longer has jurisdiction over Child once he turns 18.”
— Ky. Rev. Stat. § 610.120(8) — 1 case
J.K.B. v. Commonwealth (2011)
kyctapp
“” KRS § 610.120(8) (Emphasis added). As these two statutes indicate, the Hardin Family Court no longer has jurisdiction over Child once he turns 18.”
— Ky. Rev. Stat. § 610.120(l)(b) — 1 case
B.C. v. B.T. (2005)
kyctapp
“720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. . KRS 620.027 (stating that "[i]n any case where the child is actually residing with a grandparent in a stable relationship, the…”
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