{"data":{"id":"us-ky/krs-31.125","jurisdiction":"us-ky","citation":"KRS 31.125","heading":"Determination of indigency of child's custodian -- Payment for defense of","body":"child -- Exceptions.\n(1) If court-appointed counsel has been provided to a juvenile in any proceeding, the\ncourt appointing the counsel shall:\n(a) Ascertain who has legal custody of the child; and\n(b) Ascertain whether the person who has legal custody of the child is indigent\nand would be entitled to representation pursuant to this chapter if the person\nhaving custody of the child were a criminal defendant.\n(2) (a) If it is determ ined that the child has two (2) living parents or two (2) living\nguardians, the determination made pursuant to paragraph (b) of subsection (1)\nof this section shall be made with regard to both parents or both guardians to\nthe extent practical.\n(b) If it is  determined that both parents or both guardians of a child before the\ncourt would not qualify for public defense services as an indigent pursuant to\nthis chapter, then both parents or both guardians shall be ordered to pay for the\ndefense of the child if i t is practical to bring both parents or guardians before\nthe court.\n(c) If it is determined that one (1) parent or guardian of a child before the court\nwould not qualify for public defense services as an indigent pursuant to this\nchapter, then that parent or guardian shall be ordered to pay for the defense of\nthe child if it is possible to bring the parent or guardian before the court.\n(3) Absent a showing of indigency:\n(a) The fact that a child's parents are divorced may relieve a noncustodial parent\nof the obligation to pay for defense of the child.\n(b) The fact that a child is in the custody of a public agency shall relieve a parent\nfrom paying for the child's defense.\n(4) The provisions of this section shall not apply if the parent or guardian was the\nvictim of the juvenile's alleged criminal act, or if the parent or guardian is the\ncomplainant in the delinquency proceeding.\n(5) Subsections (1) to (3) of this section shall not apply to public representation of a\nchild from the time he would first be entit led to counsel, if an adult, until a\ndetermination of indigency is made as provided in this section.","path":["KRS Chapter 31"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21232","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:51Z","sha256":"c0b65007db215fea49df96d2cfdb6990909a75675e493691a416dc5e84698f50","source_id":"us-ky","stale":false,"prev":"us-ky/krs-31.120","next":"us-ky/krs-31.130"},"notice":"GroundRules: Original legal text. Not legal advice."}