What is a CDW?
A juvenile intake and diversion officer for the Kentucky Court of Justice. They are responsible for processing all public (criminal) offenses and status (runaway, beyond control, truancy) offenses.
What is the statutory authority for the CDW Program?
KRS 600-45 also known as the Unified Juvenile Code.
How do CDWs differ from CFC workers?
The Cabinet for Families and Children (Executive Branch) employs social workers. When a youth charged with a status offense is found guilty in Juvenile or Family Court by a judge and is committed, the juvenile will more than likely be assigned a CFC worker (or social worker). CDWs (Judicial Branch) do not appear in formal court; they provide diversion services on a pre-court basis.
How do CDWs differ from DJJ workers?
These individuals are employed by the Department of Juvenile Justice (Executive Branch). These workers will be assigned to work with juveniles who have been charged with public offenses. These Juveniles may be on probation or committed to the Department of Juvenile Justice.
What is the purpose of a preliminary inquiry?
By law, Court Designated Workers must provide a juvenile with a notice of charges and schedule an initial interview. During the preliminary inquiry, CDWs 1) review the charge that has been filed with the juvenile and his/her family, 2) advise the juvenile of his/her confidentiality rights under the Unified Juvenile Code, 3) advise that the juvenile is entitled to bring an attorney to the preliminary interview, and 4) finally, advise the juvenile that he/she has the right to request a formal court hearing.
How do CDWs determine who is eligible for court versus diversion in the community?
CDWs apply uniform criteria developed by the American Bar Association and adopted by the Kentucky Supreme Court. The criteria is offense based. In general repeat offenders and juveniles charged with serious offenses meet eligibility for formal court. Juveniles charged with minor offenses may participate in diversion on two occasions.
Exactly what is diversion?
The CDW and the juvenile will negotiate relevant conditions to address the presenting offense. For example, if a juvenile is charged with criminal mischief, the juvenile may be asked to pay victim restitution, attend educational workshops, participate in community service to non-profit agencies or other relevant conditions that the CDWs believe will be of benefit to the child and the community.
How long does a juvenile have to complete a diversion contract?
By law, the duration of a diversion contract cannot exceed six months.
What happens if a juvenile fails to comply with the terms of the diversion contract?
The CDW monitors regularly to ensure compliance with all terms. If the CDW discovers that the juvenile is not in compliance, an unsuccessful diversion conference will be scheduled. During this conference, the CDW can choose to modify the original contract if the juvenile presents a legitimate excuse for failure to adhere. If however, there isn't a clear rationale for failure to comply, the CDW is obliged to send the case to formal court for an arraignment.
Do juveniles successfully completing diversion have a formal court record?
No, if a child successfully complies with all terms, the charge is considered dismissed and future prosecution for the charge is prohibited. All information supplied by a juvenile to a CDW in the pre-court process is considered confidential.
Do all counties have the service of a CDW?
Yes, all 120 counties have access to a CDW.
What if my child is arrested by law enforcement?
The officer has an option to release the juvenile. If the officer cannot release the juvenile, he/she will contact the CDW who will apply uniform criteria to determine whether the juvenile can be released to a parent or guardian, or whether the child must be detained. If the juvenile is eligible for release the CDW will ask the responsible party (parent or guardian) to sign a promise to appear form and will schedule a preliminary inquiry usually within the next two weeks. If the juvenile meets uniform criteria for detention, the CDW must contact a District Court Judge who will authorize the detention. The CDW will then notify the parent or legal guardian that their child is being detained and provide information regarding the detention hearing.
Do all CDWs provide 24 hour on-call service to law enforcement?
All CDWs may be paged by law enforcement on a 24 hour/7 day per week basis. This service is available only to law enforcement.
Do CDWs process abuse, neglect and dependency cases?
No that is the responsibility of the Cabinet for Families and Children.
Do CDWs have any control over juvenile records maintained by law enforcement?
No.
Can a citizen file a complaint against a juvenile or is that limited to law enforcement?
CDWs receive complaints from law enforcement, parents, school officials, and citizens at large. Once a complaint has been filed, it is subject to a probable cause review by the county attorney. The county attorney may choose to dismiss the complaint, request additional information from the complainant, or instruct the CDW to proceed with the preliminary inquiry.
What if my child runs away from home?
What steps can be taken to assist with his/her return? When a child has been gone from home 72 hours within a twelve month period, the parent/guardian may file a complaint of habitual runaway with the office of the CDW. It is important to note that the 72 hours need not be consecutive. A custody order will then be completed by the CDW and signed by a District Court Judge. The order instructs law enforcement that the child is an habitual runaway who needs to be taken into custody.
Can a CDW order that my child be detained?
No. Only a District Court Judge can authorize detention.
Can my child attend the preliminary inquiry by his/herself?
No, a parent or guardian must be present during the interview.
Can a CDW take custody of my child or remove him/her from my home?
No. CDWs never take custody of children. Law enforcement are responsible for taking children into custody (arrest), and only the Court can make a decision regarding removing a juvenile from his/her residence.