KRS § 620.140 — KY Code / Title LI / Chapter 620 / Section 620.140
620.140 Dispositional alternatives
Status: in_force

620.140 Dispositional alternatives.

(1) In determining the disposition of all cases brought on behalf of dependent,

neglected, or abused children, the juvenile session of the District Court, in the best

interest of the child, shall have but shall not be limited to the following

dispositional alternatives:

(a) Informal adjustment of the case by agreement, which may be entered into at

any time. Informal adjustment may include an agreed plan by which:

1. The parent or other person exercising custodial control or supervision

agrees that grounds exist for a finding of dependency, neglect, or abuse,

and agrees to the conditions of protective orders under paragraph (b) of

this subsection for a duration of up to one (1) year;

2. The action will be dismissed by the court, without hearing, at the end of

the period agreed upon if no motion is brought alleging a violation of a

protective order; and

3. If a motion is brought alleging a violation of a protective order, a

hearing will be held at which the parent or other person exercising

custodial control or supervision may contest the alleged violation, but

may not contest the original grounds for a finding of dependency,

neglect, or abuse. If a violation is found to have occurred, the court may

consider other dispositional alternatives pursuant to this section;

(b) Protective orders, such as the following:

1. Requiring the parent or any other person to abstain from any conduct

abusing, neglecting, or making the child dependent;

2. 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; and

3. Orders authorized by KRS 403.715 to 403.785 and by KRS Chapter

456;

(c) Removal of the child to the custody of an adult relative, fictive kin, other

person, or child-caring facility or child-placing agency, taking into

consideration the wishes of the parent or other person exercising custodial

control or supervision. Before any child is committed to the cabinet or placed

out of his or her home under the supervision of the cabinet, the court shall

determine that reasonable efforts have been made by the court or the cabinet

to prevent or eliminate the need for removal and that continuation in the home

would be contrary to the welfare of the child. If a child is to be placed with an

adult relative or fictive kin, the child, if able, parent, or other person

exercising custodial control or supervision shall provide a list to the cabinet of

possible persons to be considered;

(d) 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

eighteen (18), unless the youth elects to extend his or her commitment beyond

the age of eighteen (18) under paragraph (e) of this subsection. Beginning at

least six (6) months prior to an eligible youth attaining the age of eighteen

(18), the cabinet shall provide the eligible youth with education,

encouragement, assistance, and support regarding the development of a

transition plan, and inform the eligible youth of his or her right to extend

commitment beyond the age of eighteen (18); or

(e) Extend or reinstate an eligible youth's commitment up to the age of twenty-

one (21) to receive transitional living support. The request shall be made by

the youth prior to attaining twenty (20) years of age. A youth may opt in or

out of extended commitment up to two (2) times prior to attaining twenty (20)

years of age, with a ninety (90) day grace period between the time he or she

exits and then reenters custody so long as there is documentation that his or

her request was submitted prior to attaining twenty (20) years of age. The

court may grant an extension or reinstatement of a youth's commitment even

if the concurrence of the cabinet occurs after the youth attains twenty (20)

years of age. Upon receipt of the request and with the concurrence of the

cabinet, the court may authorize commitment up to the age of twenty-one

(21).

(2) An order of temporary custody to the cabinet shall not be considered as a

permissible dispositional alternative.