Evidence required at status offender dispositional hearing – Ky Court of Appeals published opinion

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C.F. v. Commonwealth of Kentucky

Trial court committed a minor to the Cabinet for Health and Family Services for habitual truancy at a dispositional hearing. The minor argued that his due process rights were violated when the Trial Court failed to take any sworn testimony and the parties were not given the opportunity to present any evidence or cross-examine witnesses during the proceedings.

The Court of Appeals held that due process requires that each party at a status offender dispositional hearing have the opportunity to present and controvert evidence. The Court reversed and remanded the Trial Court’s decision for a new dispositional hearing.

Digested by Emily T. Cecconi