certain alcohol and tobacco offenses.
(1) All dispositional hearings conducted under this chapter shall be conducted in
accordance with the provisions of KRS 610.060 and 610.070. In addition, the court
shall, at the time the dispositional order is issued:
(a) Give the child adequate and fair written warning of the consequences of the
violation of the order; and
(b) Provide the child and the child's attorney, and parent, or legal guardian a
written statement setting forth the conditions of the order and the
consequences for violating the order.
An order issued pursuant to this section is a valid court order and any child
violating that order may be subject to the provisions of KRS 630.080(4).
(2) The court shall consider all appropriate local remedies to aid the child and the
child's family subject to the following conditions:
(a) Residential and nonresidential treatment programs for status offenders shall
be community-based and nonsecure; and
(b) With the approval of the education agency, the court may place the child in a
nonsecure public or private education agency accredited by the Department of
Education.
(3) At the disposition of a child adjudicated on a petition brought pursuant to this
chapter, all information helpful in making a proper disposition, including oral and
written reports, shall be received by the court provided that the child, the child's
parents, their counsel, the prosecuting attorney, the child's counsel, or other
interested parties as determined by the judge shall be afforded an opportunity to
examine and controvert the reports. For good cause, the court may allow the
admission of hearsay evidence.
(4) The court shall affirmatively determine that all appropriate remedies have been
considered and exhausted to assure that the least restrictive alternative method of
treatment is utilized.
(5) The court may order the child and the child's family to participate in any programs
which are necessary to effectuate a change in the child and the family.
(6) When all appropriate resources have been reviewed and considered insufficient to
adequately address the needs of the child and the child's family, the court may,
except as provided in subsection (7) of this section, commit the child to the cabinet
for such services as may be necessary. The cabinet shall consider all appropriate
local remedies to aid the child and the child's family subject to the following
conditions:
(a) Treatment programs for status offenders shall be, unless excepted by federal
law, community-based and nonsecure;
(b) The cabinet may place the child in a nonsecure public or private education
agency accredited by the department of education;
(c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the
parents fail to participate in the cabinet's treatment programs; and
(d) The cabinet may discharge the child from commitment after providing ten
(10) days' prior written notice to the committing court which may object to
such discharge by holding court review of the commitment under KRS
610.120.
(7) No child adjudicated guilty of an alcohol offense under KRS 244.085 or a tobacco
offense under KRS 438.305 to 438.350 shall be committed as a result of that
adjudication.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 78, sec. 27, effective June 27, 2025. -- Amended
2008 Ky. Acts ch. 87, sec. 12, effective July 15, 2008. -- Amended 2000 Ky. Acts
ch. 193, sec. 14, effective July 14, 2000. -- Amended 1988 Ky. Acts ch. 350, sec. 90,
effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 120, effective July 1,
1987.
Notes of Decisions
Cabinet for Health & Family Services v. J.T.G. (2009)
kyctapp · cites it 2×
“090, nothing in this chapter shall confer upon the District Court or the family division of the Circuit Court, as appropriate, jurisdiction over the actions of the Department of Juvenile Justice or the cabinet in the placement, care, or treatment of a child committed to the…”
Rodney P. v. Stacy B. (2005)
ky
“Status offenders may be committed to the Cabinet for Families and Children, KRS 630.120(5), KRS 600.020(3); public offenders are committed to the custody of the Department of Juvenile Justice, KRS 635.”
B.H. v. Commonwealth (2010)
kyctapp
“” KRS 630.120(1) states that any child violating a JSOO “may be subject to the provisions of KRS 630.”
N.T.G. v. Commonwealth (2006)
kyctapp
“argued that the juvenile court had failed to impose the least restrictive alternative method of treatment as mandated by KRS 630.120(4) and that the juvenile court was without authority to impose fifteen days of detention upon a thirteen-year-old.”
C.F. v. Commonwealth (2018)
kyctapp · cites it 2×
“Furthermore, KRS 630.120(3) expressly provides that at disposition of a status offender the court may rely on oral and written reports "provided that the child, the child's parents, their counsel, the prosecuting attorney, the child's counsel, or other interested parties as…”
NTG v. Com. (2006)
kyctapp
“argued that the juvenile court had failed to impose the least restrictive alternative method of treatment as mandated by KRS 630.120(4) and that the juvenile court was without authority to impose fifteen days of detention upon a thirteen-year-old.”
BH v. Com. (2010)
kyctapp
“" KRS 630.120(1) states that any child violating a JSOO "may be subject to the provisions of KRS 630.”
— Ky. Rev. Stat. § 630.120(1) — 2 cases
B.H. v. Commonwealth (2010)
kyctapp
“” KRS 630.120(1) states that any child violating a JSOO “may be subject to the provisions of KRS 630.”
BH v. Com. (2010)
kyctapp
“" KRS 630.120(1) states that any child violating a JSOO "may be subject to the provisions of KRS 630.”
— Ky. Rev. Stat. § 630.120(3) — 1 case
C.F. v. Commonwealth (2018)
kyctapp
“Furthermore, KRS 630.120(3) expressly provides that at disposition of a status offender the court may rely on oral and written reports "provided that the child, the child's parents, their counsel, the prosecuting attorney, the child's counsel, or other interested parties as…”
— Ky. Rev. Stat. § 630.120(4) — 2 cases
N.T.G. v. Commonwealth (2006)
kyctapp
“argued that the juvenile court had failed to impose the least restrictive alternative method of treatment as mandated by KRS 630.120(4) and that the juvenile court was without authority to impose fifteen days of detention upon a thirteen-year-old.”
NTG v. Com. (2006)
kyctapp
“argued that the juvenile court had failed to impose the least restrictive alternative method of treatment as mandated by KRS 630.120(4) and that the juvenile court was without authority to impose fifteen days of detention upon a thirteen-year-old.”
— Ky. Rev. Stat. § 630.120(5) — 2 cases
Cabinet for Health & Family Services v. J.T.G. (2009)
kyctapp
“090, nothing in this chapter shall confer upon the District Court or the family division of the Circuit Court, as appropriate, jurisdiction over the actions of the Department of Juvenile Justice or the cabinet in the placement, care, or treatment of a child committed to the…”
Rodney P. v. Stacy B. (2005)
ky
“Status offenders may be committed to the Cabinet for Families and Children, KRS 630.120(5), KRS 600.020(3); public offenders are committed to the custody of the Department of Juvenile Justice, KRS 635.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.