Waiver of counsel, 2014
For a juvenile accused of committing any offense, before proceeding beyond notification of the right to counsel without representation, the court must conduct a hearing about the waiver and make specific findings of fact that the juvenile knowingly, intelligently, and voluntarily waived his or her right to counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.
Juveniles cannot waive right to counsel if possibility of specified placement(s).
Timing of counsel, 2013
In Kentucky, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Kentucky Department of Public Advocacy
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Kentucky indigency law is governed by both juvenile and adult statutes, which provide a determination of indigency. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Kentucky, the legal basis for juvenile competency was set by judicial opinion [S.W.3d 854 (2004)] to follow (adult) penal code competency statute. The penal code aligns with the Dusky Standard and applies to transfer proceedings.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity