Ky. Rev. Stat. » Chapter 645
Kentucky Revised Statutes

Ky. Rev. Stat. § 645.070 (2026)

Hearing procedure

✓ current as of May 2026
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(1) All hearings under this chapter shall be conducted in accordance with the Kentucky Rules of Criminal Procedure unless otherwise provided.

(2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the child's physical or mental health. Hearings may be held in chambers, the hospital, or any other suitable place.

(3) The child shall have the right to be present at any hearing under this chapter unless:

(a) He and his counsel have waived this right; or

(b) On motion of any interested party, the court determines the child's presence at all or part of the hearing is likely to have a harmful effect on the child's physical or mental health.

(4) The child and his counsel shall have the right to cross-examine witnesses and to present testimony and evidence in opposition to certification, including the testimony of a qualified mental health professional.

(5) The child's parents shall have a right to participate in the hearing.

(6) The court may, on its own motion, subpoena and question relevant witnesses. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 114, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 152, effective July 1, 1987.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2021 · leading case: Commonwealth of Kentucky v. B.H. (Ky. 2018).
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Commonwealth of Kentucky v. B.H. (Ky. 2018). · cites it 2× “" KRS 645.070(1). The juvenile also has the right to .”
Treshawn Levar Jones v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “Jones claims that, pursuant to KRS 645.070(3) and (4), juvenile defendants have the right to be present at any hearing and participate in their own defense, yet he was not competent to assist counsel in his defense.”
— Ky. Rev. Stat. § 645.070(1) — 1 case
Commonwealth of Kentucky v. B.H. (Ky. 2018). “" KRS 645.070(1). The juvenile also has the right to .”
— Ky. Rev. Stat. § 645.070(3) — 2 cases
Treshawn Levar Jones v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “Jones claims that, pursuant to KRS 645.070(3) and (4), juvenile defendants have the right to be present at any hearing and participate in their own defense, yet he was not competent to assist counsel in his defense.”
Commonwealth of Kentucky v. B.H. (Ky. 2018). “" KRS 645.070(1). The juvenile also has the right to .”
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