{"data":{"id":"us-ky/krs-610.060","jurisdiction":"us-ky","citation":"KRS 610.060","heading":"Duty of court upon formal proceeding -- Right to attend proceeding --","body":"Payment for counsel.\n(1) If the Circuit or District Court determines that a formal proceeding is required in the\ninterest of the child or to determine the truth or falsity of the al legations against the\nchild, a petition shall be required pursuant to KRS 610.020, and the court shall,\nwhen the child is brought before the court:\n(a) Explain to the child and his parents, guardian, or person exercising custodial\ncontrol their respective rights to counsel and, if the child and his parents,\nguardian, or person exercising custodial control are unable to obtain counsel,\nshall appoint counsel for the child, as provided in subsection (2) of this\nsection, and, unless specified to the contrary by  other provisions of KRS\nChapters 600 to 645, may appoint counsel for the parents, guardian, or person\nexercising custodial control;\n(b) Explain the right against self -incrimination by saying that the child, parents,\nrelative, guardian, or custodian may re main silent concerning the charges\nagainst the child, and that anything said may be used against the child;\n(c) Unless limited by statute, explain the right to confront anyone who has\naccused the child and to cross -examine that person on the allegations ma de\nagainst the child;\n(d) Advise the child and his parents, guardian, or person exercising custodial\ncontrol of the right to appeal from a determination of the court; and\n(e) Advise the child that these rights belong to him and may not be waived by his\nparents, guardian, or person exercising custodial control.\n(2) (a) No court shall accept a plea or admission or conduct an adjudication hearing\ninvolving a child accused of committing any felony offense, any offense under\nKRS Chapter 510, or any offense, incl uding the violation of a valid court\norder, for which the court intends to impose detention or commitment as a\ndisposition unless that child is represented by counsel.\n(b) For a child accused of committing any other offense, before a court permits\nthe chil d to proceed beyond notification of the right to counsel required by\nparagraph (a) of subsection (1) of this subsection without representation, the\ncourt shall:\n1. Conduct a hearing about the child's waiver of counsel; and\n2. Make specific findings of fact that the child knowingly, intelligently and\nvoluntarily waived his right to counsel.\n(3) Unless otherwise exempted in KRS Chapters 600 to 645, a child and his parents or\nperson exercising custodial control shall have a right to attend the hearing if such\nattendance will not unnecessarily delay the hearing.\n(4) Subject to the provisions of KRS 31.125, the court may order a parent to pay for\ncounsel for the child if the court determines that the parent has the ability to pay for\nsuch counsel. The fact that a child is committed to a state agency shall not be cause\nfor the court to order that agency to pay for counsel.\n(5) Subject to Rule 43.09 of the Rules of Civil Procedure, the court shall permit the\nvictim, the victim's parents or legal guardian, or, if emancipated, the victim's\nspouse, or the legal representativ e of any of these, to attend all proceedings under\nthis section.\n(6) An attempt shall be made to notify the persons specified in subsection (5) of this\nsection of the time, date, and place of all proceedings under this section. Each\nDistrict Court shall, b y rule, establish the means of notification and the person or\nagency responsible for making the notifications. The failure of a victim or other\nperson specified in subsection (5) of this section to receive notice shall not delay the\nproceedings in the case.","path":["KRS Chapter 610"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20135","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"58d7c513563248e294df7f49ac33c22625f76ca30c80c7a17c1dbde5801e0036","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.050","next":"us-ky/krs-610.070"},"notice":"GroundRules: Original legal text. Not legal advice."}