JUVENILE COURT

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In Hart County, as in the rest of Kentucky, a juvenile can be  charged with a crime. The process, however, is different for juveniles  than it is for adults. The terminology is also somewhat different in  juvenile court than in adult court. For instance, a trial in juvenile  court is called an “adjudication” and sentencing is called  “disposition”.

In juvenile court, proceedings are confidential and are therefore  closed to the public. All juvenile proceedings are held before the  District Judge. There are no jury trials in juvenile court. As in adult  trials, witnesses testify, but a Judge determines the truth or falsity  of the charges. If guilt is established, the Judge sets the punishment  and usually makes the decision with input from the prosecutor and  representatives of the Department of Juvenile Justice. 

Possible  sentences may include, but are not limited to; 

• restitution to victims  
• counseling 
• public service 
• confinement in a juvenile detention  center

Juvenile prosecution and child dependency, neglect and abuse cases  are prosecuted by this office. These types of cases are different from  cases normally seen in court or on television. All matter handled in  juvenile court are confidential therefore we cannot discuss specific  cases but below is a brief outline of how this system operates.

When a juvenile is charged with a crime he/she is brought before the  Hart District Court to answer for that charge. The juvenile is  entitled to an attorney in all prosecution. The goal in juvenile cases  is to rehabilitate and teach juveniles that their actions are not  appropriate in today’s society. This is often achieved by the juvenile  performing community service, seeking counseling for certain  unacceptable choices or behaviors and/or monitoring through either the  court system or the Department of Juvenile Justice.

Juveniles may also be charged with a Status Offense. A status offense  is an offense based upon the juvenile’s age. These include Beyond the  Control of Parent or School, Habitual Runaway, Habitual Truant and  certain tobacco and alcohol offenses. The County Attorney’s Office also  helps in child dependency, abuse or neglect cases most typically where  the Cabinet of Health and Family Services (commonly referred to as child  protective services) has filed a petition alleging that a parent or  guardian has allowed their child to become abused or neglected as  defined in KRS 600.020(1) or dependent as defined in KRS 600.020(19). In  these cases the parent or guardian and children are entitled to an  attorney if they cannot afford one. These cases are heard before the  Judge of the Hart District Court and if proven lead to involvement and  case planning with the Cabinet of Health and Family Services. If you  believe you know of a child who has been neglected or abused you may  call the intake hotline at 1-800-752-6200.

When a juvenile is accused of committing an offense, those complaints  are taken through the Court Designated Worker. The Court Designated  Worker (CDW) is an intake officer who takes the information from the  concerned party. The police, parents/guardians, individuals or school  personnel can bring complaints against juveniles. Regardless of who  wants to take a complaint against a juvenile, charges start with the  CDW. In Hart County, the CDW’s phone number is  270-524-5156 . It is  only after the CDW takes the complaint that this information is relayed  to the County Attorney, who then decides what, if any, charges should be  filed and whether those charges should go before the judge. If charges  are filed, the CDW will schedule an appointment with the juvenile and  his or her parent or guardian. Some charges can be resolved at this  level without court involvement.

If the charges cannot be resolved at the CDW level, an arraignment is  held before the judge. At the arraignment, the charges are read and the  juvenile has an opportunity to plead guilty or not guilty. In juvenile  court, a guilty plea is called “admitting the petition true” and a not  guilty plea is called “denying the petition”. The court may provide an  attorney for the juvenile depending on the financial circumstances of  the family. If a “not guilty” plea is entered, the case is set for an  adjudication or trial.

Offenses committed by persons under the age of 18 are separated into  two basic categories. An offense that is only actionable because of the  juvenile’s status as a minor, are called “status” offenses. These  include such things as being beyond the control of parents or teachers,  running away or being truant from school.

When a juvenile commits an offense that is criminal regardless of how  old the offender is, it is charged as a “public” offense. These types  of offenses are those commonly known by the public, i.e, burglary,  vandalism, theft, assault, etc.The punishments or consequences given by  the judge for public and status offenses are usually related to the  severity of the offenses, the age of the accused and any prior history.

In extreme circumstances, those accused of very serious public  offenses may be tried as an adult. Under Kentucky law, any felony  offense committed by a juvenile using a gun will automatically be tried  as an adult. Additionally, very serious felonies may or may not be  treated as adult crimes depending upon circumstances examined by the  county attorney, with the final decision being made by the District  Court Judge. Juveniles accused of repeated lesser felonies may also be  tried as adults at the discretion of the District judge.

In most cases, juveniles accused of offenses are not held in a  detention facility pending their adjudication. (trial) The judge may,  however, order a “Fast Track” order. Fast Track orders are a mechanism  by which juveniles can be rapidly brought before the court. A Fast Tract  order, simply put, is an order that threatens the juvenile with a  contempt of court charge if they fail to follow certain rules. A Fast  Track Order usually mandates that the accused follow specific rules,  i.e. obeying parents, attending school, not doing drugs or alcohol, and  not breaking laws. If the judge receives information that his order has  been violated, the juvenile will usually be picked up by the police and  detained (in a juvenile jail) while waiting to see the judge for a  contempt of court hearing. If the juvenile is found in contempt of  court, a wide range of consequences are available to the Judge,  including continued confinement.