Green County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Transfer order

After admission is determined and the defendant accepts the offer, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Guardian ad litem report

If a GAL has been appointed, the checklist requires verification that the GAL report has been filed as required.

_Yes _ No If yes, has the GAL filed their report as required? KRS 199.516

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility submission

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them with other pertinent information to the Mental Health Court team before the defendant’s next scheduled appearance.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Judgment of adoption

The Judgment of Adoption may contain only the petitioners' names and the child's proposed adopted name; it must not include the child's former name or birth parents' names.

_Yes _No the petitioners and the proposed adopted name of the Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

CRITICAL

Applies to

Petition

If any required petition information is unknown, the petition must allege the lack of knowledge.

• If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Default judgment motion

Every motion for default judgment must include a certificate stating the amount due and a military affidavit.

All motions for default judgment must include a certificate of the amount due and a military affidavit.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court for each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2) .

CRITICALCriminal cases

Applies to

Contempt order

A judge may refer a person charged with contempt to Mental Health Court in lieu of incarceration only after an order of contempt has been entered.

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

2. "Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

Mental Health Court staff must complete an Affidavit of Administrative Discharge for the judge when the team finds administrative discharge appropriate.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record and serve notice on the parties, their attorneys, probation, and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, probation, and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Pleading motion or other filed paper

Must include

case number

Every filed paper must identify the case and provide the signing attorney's or party's typed or printed name and contact information; a rubber stamp does not count as a signature.

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

CRITICALCriminal cases

Applies to

Transfer order

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of eligibility

After completing the assessment, staff must complete the prescribed Notice of Eligibility form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

When administrative discharge is deemed appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees to termination, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICALCriminal cases

Applies to

Pretrial diversion application

For a pretrial diversion application, counsel must state and the defendant must agree on the record to waive speedy-trial or charge-disposition rights if diversion is granted.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Termination order

If parental rights have been terminated, certified copies of the termination order must be filed as required.

_Yes No If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

CRITICAL

Applies to

Pretrial conference requirements

Before the pretrial conference, parties must complete or schedule discovery, complete pleadings and identify issues, submit written instructions, prepare to stipulate or withdraw matters where appropriate, and, in personal-injury tort cases, prepare to exchange discoverable medical and damages materials; good cause is an exception.

Except for good cause shown, before a case is heard at the pre-trial conference, heard at the pre-trial conference. the parties shall: Have scheduled or completed discovery; Ensure that the pleadings are completed and the issues identified; issues and the law; Submit written instructions incorporating the parties' understanding of the Be prepared to stipulate the admissibility of documents or other evidence prejudice to the presentation of the case; and to withdraw allegations or defenses if same can be done without In tort actions involving personal injury, be prepared to exchange such damages as are subject to discovery under the Rules of Civil Procedure;

CRITICALCriminal cases

Applies to

Written ineligibility notice

If a defendant is ineligible, staff must notify the referring judge in writing using the Mental Health Court's prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Pretrial compliance statement

All parties must file pretrial compliance statements before the conference containing exhibit, witness, expert, claim, defense, and fact-and-law issue information; exhibits must be attached when feasible or made available for inspection as specified.

Prior to the pre-trial conference, all parties shall file pre-trial feasible, shall be attached to the pre-trial statement. All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated;

CRITICAL

If the petitioner is married, the spouse must be joined unless the Court finds joinder would deny the child a suitable home.

Yes _No petitioner must be joined unless the Court finds that doing Is the petitioner married? If yes, the spouse of the so will deny the child a suitable home. KRS 199.470(2)

CRITICAL

Applies to

Pretrial statement

Parties claiming damages must itemize them and identify damages calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICALCriminal cases

Applies to

Written referral order

Mental Health Court staff determine eligibility for assessment after receiving a written referral order from a judge.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICAL

Applies to

Mediation agreement

An agreement reached during mediation must be put in writing and signed by the parties.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must provide written recommendations on the diversion conditions and the appropriate sentence; the source text ends before completing the final condition.

When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement

CRITICALCriminal cases

Applies to

Notice of eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Termination of parental rights order

Every order terminating parental rights must include scheduling for the 90-day and first annual case reviews.

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

CRITICAL

Applies to

Affidavit

An affidavit detailing the expenses paid by the adoptive parents must be submitted to the court for approval.

Yes _No Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record and serve notice on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees to administrative discharge, the judge must complete a Notice of Termination by administrative discharge.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the court-prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party must attach counsel’s certificate stating that counsel conferred but could not resolve the dispute; the certificate should detail the resolution attempts.

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Default judgment motion

Cases subject to the FCRPP must comply with its provisions, including FCRPP 3(1)(a)(i) and 3(2) concerning relief requested without a hearing.

Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete an assessment using the prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Listed mental health court documents

Mental Health Court staff must file a copy of each listed document with the appropriate clerk when it is utilized.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Summons

When a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear it.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Motion for final hearing for adoption

Before filing a motion for a final adoption hearing, counsel must review the checklist and certify the specified information about bringing parties before the court and parental consent or an exception.

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and the date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

CRITICAL

The adoption checklist requires verifying that the child to be adopted is named as a defendant.

_Yes —_No Is the child to be adopted named as a defendant? KRS 199.480(1)(a)

CRITICALCriminal cases

Applies to

Diversion order

A diversion referral may be made only after an order of diversion has been entered.

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.