The Campbell County Attorney’s Office represents the Commonwealth in juvenile proceedings including, but not limited to, before the District and Family Courts. These services are comprised of Dependency, Neglect, and Abuse (DNA) Actions; Status Offenses; and Public Offenses.
DEPENDENCY NEGLECT ABUSE CASES
The County Attorney is required by statute to “attend to the prosecution in the juvenile session . . . held pursuant to petitions filed under KRS Chapter 610”. Under this requirement are all actions where a child is alleged to be “Dependent,” “Neglected,” or “Abused.” (“DNA”)
The goal of the County Attorney’s office in these cases is the care and protection of the child. These proceedings are not criminal in nature and the goal of all DNA cases is, through the appropriate treatment and therapies, to reunify the child with the family.
Child abuse is a serious crime that can be prosecuted under the laws of the Commonwealth; however, the DNA proceedings are independent of any criminal proceedings. It is possible to have both criminal proceedings, and DNA proceedings prosecuted at the same time.
KRS 620.010 states,
Children have certain fundamental rights which must be protected and preserved, including but not limited to:
The rights to adequate food, clothing and shelter;
The right to be free from physical, sexual or emotional injury or exploitation;
The right to develop physically, mentally, and emotionally to their potential; and
The right to educational instruction and the right to a secure, stable family.
It is further recognized that upon some occasions, in order to protect and preserve the rights and needs of children, it is necessary to remove a child from his or her parents.
DNA Action Process
A DNA action is commenced with the filing of a Juvenile Dependency / Neglect or Abuse AOC-DNA-1 Petition.
The Affiant – the individual with knowledge about the facts involving the child – states the reasons in the petition why he or she thinks a child is dependent, neglected, or abused.
The recipient of the DNA report shall immediately notify the cabinet, and in turn the cabinet will make an initial determination as to the risk of harm and immediate safety of the child.
After the initial investigation by the cabinet, a written report shall be made to the county attorney and local police, concerning the action that has been taken on the investigation within seventy-two (72) hours.
The Court will then schedule a hearing to determine “whether there are reasonable grounds to believe that the child would be dependent, neglected, or abused if returned to, or left in the custody of his parent or other person exercising custodial control or supervision.”
After this initial determination, the Court holds two different hearings: 1) an adjudication to “determine the truth or falsity of the allegations in the petition,” and 2) a disposition to “determine the action to be taken by the court on behalf of, and in the best interest of, the child”.
An adjudication is the legal process in which the judge reviews the evidence and arguments by the parties to determine if “DNA” by clear and convincing evidence.The standard for a judge to make findings in a case by clear and convincing evidence is that the evidence presented is more probable to be true than not. (Substantially greater that 50% likelihood of being true).
A disposition is where the findings in the adjudication hearing are entered for the best interest of the child.
The best interest of the child can be determined if one or multiple of the following circumstances are seen to be relevant pursuant to KRS 620.023:
Parent has a mental illness or intellectual disability which renders the parent unable to care for the immediate and ongoing needs of the child;
Acts of abuse or neglect towards the child;
A substance abuse disorder that results in the incapacity by the parent or caretaker to provide essential care and protection for the child;
A finding of domestic violence and abuse, whether or not committed in the presence of the child;
Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent’s family or household; and the existence of any guardianship or conservatorship of the parent pursuant to a determination of disability or partial disability.
KRS 620.140 state the alternatives to disposition which include:
Informal adjustment of the case;
Protective orders, such as:
Requiring the parent or any other person to abstain from any conduct abusing, neglecting, or making the child dependent;
Placing the child in his or her own home under supervision of the cabinet or its designee with services as determined to be appropriate by the cabinet.
Removal of the child from the custody of their primary caregiver;
Commitment of the child to the custody of the cabinet for placement for an indeterminate period of time not to exceed his or her attainment of the age of eighteen (18); or
Extend or reinstate an eligible youth’s commitment up to the age of twenty-one (21) to receive transitional living support.
An order of temporary custody to the cabinet shall not be considered as a permissible dispositional alternative.
Status Offenses
Status offenses in and of itself are offenses that would not be considered a crime if it were not for the individuals age. These examples include truancy, beyond control of school or parents, underage purchase of alcohol or tobacco, or being a habitual runaway. KRS 630.020. These cases are typically heard within the Campbell County Family Court. These cases are prepared by a Court Designated Worker.
Public Offenses
Public Offenses are more serious crimes, that are considered a crime of regardless age. These types of offenses are violations of criminal law in which adults would be charged with. In these cases, the juvenile will be treated as an adult, with the case typically being heard in the District Court. On the more serious spectrum (e.g. murder), juvenile cases may be heard by Circuit Court as tried as an adult.
“At the preliminary hearing, the court shall determine if there is probable cause to believe that an offense was committed, that the child committed the offense, and that the child is of sufficient age and has the requisite number of prior adjudications, if any, necessary to fall within the purview of KRS 635.020.
If the District Court determines probable cause exists, the court shall consider the following factors before determining whether the child’s case shall be transferred to the Circuit Court.
The seriousness of the alleged offense;
Whether the offense was against persons or property, with greater weight being given to offenses against persons;
The maturity of the child as determined by his environment;
The child’s prior record;
The best interest of the child and community;
The prospects of adequate protection of the public;
The likelihood of reasonable rehabilitation of the child by the use of procedures, services, and facilities currently available to the juvenile justice system; and
Evidence of a child’s participation in a gang.
Frequently Asked Questions:
What is “The Cabinet”? “The Cabinet” is short for The Cabinet for Health and Family Services, which administers programs to promote the mental and physical health of Kentuckians and support Kentucky’s families. Specifically, Child Protective Services workers are who will investigate the report.
Can the Child Protective Service worker take the child into custody without the case first going to court? Yes, the caseworker has the ability to get an Emergency Custody Order to remove the child, if the child will be in immediate danger if not immediately taken into custody. This however, is under extraordinary circumstances only.
What findings are necessary for the CPS worker to determine neglect or abuse? The workers classify each investigation as either “substantiated” or “unsubstantiated.” If the worker determines that the report is unsubstantiated, this means that there was not enough credible evidence found to determine neglect or abuse occurred.
Will the parents be able to get their children back if removed? Yes, there are periodic reviews of the case by the court. The goal of these is to reunite the child with his/her parents once the treatment has been completed. The parents’ rights can be fully terminated and a permanent plan for the child will be put into place based off of the results of the treatment and the seriousness of the abuse or neglect.
Will the child’s identity stay confidential through and after this process? Yes, Juvenile court records are deemed to be confidential and cannot be disclosed to persons other than:
The Child
The Child’s parent, guardian, or spouse
Victims or other persons authorized to attend a juvenile court hearing
Attorneys of record for the parties