UNOFFICIAL COPY 23 RS BR 1245
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AN ACT relating to protective orders involving minors. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged 5
victim of dating violence and abuse, sexual assault, or stalking, or in which a 6
minor is named as a respondent or petitioner, shall comply with the requirements 7
in that section and shall: 8
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 9
and 10
(b) Conform to the confidentiality provisions under KRS 610.340. 11
(2) If the court orders an evidentiary hearing under KRS 456.040(1)(a), a guardian 12
ad litem shall be appointed for any unrepresented minor who is a respondent to 13
the action or a petitioner who is an alleged victim of dating violence and abuse, 14
sexual assault, or stalking. The guardian ad litem shall be paid a fee fixed by the 15
court not to exceed five hundred dollars ($500), which shall be paid by the 16
Finance and Administration Cabinet. 17
(3) Violation of the terms or conditions of an order of protection issued under KRS 18
456.060 after the person has been served or given notice of the order shall 19
constitute contempt of court and may constitute a public offense under KRS 20
600.020(51). Once a juvenile action or contempt proceeding has been initiated, 21
the other shall not be undertaken regardless of the outcome of the original 22
proceeding. 23
(4) Nothing in subsection (3) of this section shall preclude the Commonwealth from 24
proceeding, or the petitioner from pursuing charges, against the minor 25
respondent for offenses other than a violation of an order of protection. 26
Proceedings against a minor respondent for offenses other than a violation of an 27 UNOFFICIAL COPY 23 RS BR 1245
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order of protection shall proceed: 1
(a) In the juvenile session of District Court; and 2
(b) In accordance with the procedural and statutory provisions established for 3
the juvenile session of District Court. 4
(5) Proceedings for contempt of court against a minor under KRS Chapter 456 shall 5
proceed in the juvenile session of District Court subject to the requirements 6
contained in KRS 610.265 and 630.080 and shall be held in the county where: 7
(a) The child is living; 8
(b) The child is found; 9
(c) The petition for the interpersonal protective order was filed; or 10
(d) The interpersonal protective order was issued. 11
SECTION 2. A NEW SECTION OF KRS 403.715 TO 403.785 IS CREATED 12
TO READ AS FOLLOWS: 13
(1) Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a 14
victim of domestic violence and abuse, or in which a minor is named as a 15
respondent or petitioner, shall comply with the requirements in that section and 16
shall: 17
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 18
and 19
(b) Conform to the confidentiality provisions under KRS 610.340. 20
(2) If the court orders an evidentiary hearing under KRS 403.730(1)(a), a guardian 21
ad litem shall be appointed for any unrepresented minor who is a respondent to 22
the action or a petitioner who is an alleged victim of domestic violence and abuse. 23
The guardian ad litem shall be paid a fee fixed by the court not to exceed five 24
hundred dollars ($500), which shall be paid by the Finance and Administration 25
Cabinet. 26
(3) Violation of the terms or conditions of an order of protection issued under KRS 27 UNOFFICIAL COPY 23 RS BR 1245
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403.740 after the person has been served or given notice of the order shall 1
constitute contempt of court and may constitute a public offense under KRS 2
600.020(51). Once a juvenile action or contempt proceeding has been initiated, 3
the other shall not be undertaken regardless of the outcome of the original 4
proceeding. 5
(4) Nothing in subsection (3) of this section shall preclude the Commonwealth from 6
proceeding, or the petitioner from pursuing charges, against the minor 7
respondent for offenses other than a violation of an order of protection. 8
Proceedings against a minor respondent for offenses other than a violation of an 9
order of protection shall proceed: 10
(a) In the juvenile session of District Court; and 11
(b) In accordance with the procedural and statutory provisions established for 12
the juvenile session of District Court. 13
(5) Proceedings for contempt of court against a minor under KRS Chapter 403 shall 14
proceed in the juvenile session of District Court subject to the requirements 15
contained in KRS 610.265 and 630.080 and shall be held in the county where: 16
(a) The child is living; 17
(b) The child is found; 18
(c) The petition for the order of protection was filed; or 19
(d) The order of protection was issued. 20