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KRS 645.070

Hearing procedure

Known as the Mental Health Act of The Unified Juvenile Code

The act spans §§ 645–645 (31 sections).

Applied in 1 court decision — leading case Commonwealth v. B.H. (2018)

Most recently applied in Commonwealth v. B.H. (June 2018)

Effective: April 10, 1988 History: Amended 1988 Ky

(1) All hearings under this chapter shall be conducted in accordance with the Kentucky Rules of Criminal Procedure unless otherwise provided.

(2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the child's physical or mental health. Hearings may be held in chambers, the hospital, or any other suitable place.

(3) The child shall have the right to be present at any hearing under this chapter unless:

(a) He and his counsel have waived this right; or (b) On motion of any interested party, the court determines the child's presence at all or part of the hearing is likely to have a harmful effect on the child's physical or mental health.

(4) The child and his counsel shall have the right to cross-examine witnesses and to present testimony and evidence in opposition to certification, including the testimony of a qualified mental health professional.

(5) The child's parents shall have a right to participate in the hearing.

(6) The court may, on its own motion, subpoena and question relevant witnesses.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.