{"data":{"id":"us-ky/krs-630.120","jurisdiction":"us-ky","citation":"KRS 630.120","heading":"Conduct of dispositional hearings -- Prohibition against commitment for","body":"certain alcohol and tobacco offenses.\n(1) All dispositional hearings conducted under this chapter shall be conducted in\naccordance with the provisions of KRS 610.060 and 610.070. In addition, the court\nshall, at the time the dispositional order is issued:\n(a) Give the child adequate and fair written warning of the consequences of the\nviolation of the order; and\n(b) Provide the child and the child's attorney, and parent, or  legal guardian a\nwritten statement setting forth the conditions of the order and the\nconsequences for violating the order.\nAn order issued pursuant to this section is a valid court order and any child\nviolating that order may be subject to the provisions of KRS 630.080(4).\n(2) The court shall consider all appropriate local remedies to aid the child and the\nchild's family subject to the following conditions:\n(a) Residential and nonresidential treatment programs for status offenders shall\nbe community-based and nonsecure; and\n(b) With the approval of the education agency, the court may place the child in a\nnonsecure public or private education agency accredited by the Department of\nEducation.\n(3) At the disposition of a child adjudicated on a petition brough t pursuant to this\nchapter, all information helpful in making a proper disposition, including oral and\nwritten reports, shall be received by the court provided that the child, the child's\nparents, their counsel, the prosecuting attorney, the child's counse l, or other\ninterested parties as determined by the judge shall be afforded an opportunity to\nexamine and controvert the reports. For good cause, the court may allow the\nadmission of hearsay evidence.\n(4) The court shall affirmatively determine that all ap propriate remedies have been\nconsidered and exhausted to assure that the least restrictive alternative method of\ntreatment is utilized.\n(5) The court may order the child and the child's family to participate in any programs\nwhich are necessary to effectuate a change in the child and the family.\n(6) When all appropriate resources have been reviewed and considered insufficient to\nadequately address the needs of the child and the child's family, the court may,\nexcept as provided in subsection (7) of this section, commit the child to the cabinet\nfor such  services as may be necessary. The cabinet shall consider all appropriate\nlocal remedies to aid the child and the child's family subject to the following\nconditions:\n(a) Treatment programs for status offenders shall be, unless excepted by federal\nlaw, community-based and nonsecure;\n(b) The cabinet may place the child in a nonsecure public or private education\nagency accredited by the department of education;\n(c) The cabinet may initiate proceedings pursuant to KRS 610.160 when the\nparents fail to participate in the cabinet's treatment programs; and\n(d) The cabinet may discharge the child from commitment after providing ten\n(10) days' prior written notice to the committing court which may object to\nsuch discharge by holding court review of the commitment unde r KRS\n610.120.\n(7) No child adjudicated guilty of an alcohol offense under KRS 244.085 or a tobacco\noffense under KRS 438.305 to 438.350 shall be committed as a result of that\nadjudication.","path":["KRS Chapter 630"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56254","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"6a58f9c35b821c299118bb2be312770d94a3057f3aec45ed7c2f47ff8a38ad99","source_id":"us-ky","stale":false,"prev":"us-ky/krs-630.110","next":"us-ky/krs-630.125"},"notice":"GroundRules: Original legal text. Not legal advice."}
