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Rule 6 Dependency Neglect and Abuse Cases

Baldwin's Kentucky Revised Statutes Annotated24th Judicial Circuit - Johnson, Lawrence and Martin Family Court

Baldwin's Kentucky Revised Statutes Annotated
24th Judicial Circuit - Johnson, Lawrence and Martin Family Court
KY RJFC Rule 6
Rule 6 Dependency Neglect and Abuse Cases
Currentness
601 JUVENILE DEPENDENCY, NEGLECT, and ABUSE CALENDAR
2nd & 4th
Monday
9:00 a.m.
Juvenile Status Offenses
Lawrence County
9:15 a.m.
Juvenile Dependency, Neglect & Abuse
1st & 3rd
Tuesday
9:00 a.m.
Juvenile Status Offenses
Johnson County
9:15 a.m.
Juvenile Dependency, Neglect & Abuse
2nd & 4th
Wednesday
9:00 a.m.
Juvenile Status Offenses
Martin County
9:15 a.m.
Juvenile Dependency, Neglect & Abuse
602 Procedure for Emergency Custody Orders
In the 24th Judicial Circuit, the following procedures shall be followed to obtain an Emergency Custody Order as set forth in FCRPP 19:
A. Any interested party seeking an Emergency Custody Order must file a petition with the Family Court and may contact the Cabinet for Health and Family Services in their respective county as set forth below.
Johnson County
Cabinet for Health and Family Services
205 Main Street, Suite 2
Paintsville, Kentucky, 41240
From 8:00 am until 4:30 pm, call (606)-788-7100
After hours and on weekends and Holidays, call 877-597-2331 or Law Enforcement Agencies
Lawrence County
Cabinet for Health and Family Services
180 Bulldog Lane, Suite 2
Louisa, Kentucky, 41230
From 8:00 am until 4:30 pm, call (606)-638-4360
After hours and on weekends and Holidays, call Law Enforcement Agencies
Martin County
Cabinet for Health and Family Services
104 East Main Street, Suite 2
Inez, Kentucky, 41224
From 8:00 am until 4:30 pm, call (606) 298-7633
After hours and on weekends and Holidays, call Law Enforcement Agencies
B. The original Emergency Custody Order shall be filed with the appropriate 24th Circuit Court Clerk's office upon execution by a Judge or at 8:00 am on the next business day if the respective Clerk's office is closed in compliance with FCRPP 19(1).
C. After hours and on weekends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on-call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family Services or the other interested person shall file the original Emergency Custody Order with the appropriate 24th Circuit Court Clerk's office at 8:00 am on the next business day.
D. Law Enforcement may take a child into protective custody for up to twelve (12) hours pursuant to KRS 620.040 (5)(c) pending the issuance of an Emergency Custody Order.
603 Juvenile Petitions
A. All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the respective County Attorney's office who shall check the petition for legal sufficiency prior to its filing. If the petition is rejected by the county attorney, then it may be filed by the interested party and submitted to the Family Court Judge for a determination of its legal sufficiency.
B. Any Petition filed with the Court shall comply with the following conditions:
1. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and
2. Full information concerning the child's parents and their address(es). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the respective County Attorney's offices.
604 The Effects of Service on Only One Parent or Persons Exercising Custodial Control or Supervision
The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition Hearing to go forward when the non-custodial parent has not been served, in accordance with FCRPP 18(1), if it is established on the record that Petitioner has made diligent efforts to serve all other parties, including initiating contact with the Child Support Division of the County Attorney's office, in an attempt to locate any absent parent and that parent is not the named perpetrator of the alleged neglect or abuse. The Petitioner shall make continuing diligent efforts after each hearing to locate and notify all persons who have not yet been served.
605 Time for Temporary Removal Hearing
The Temporary Removal Hearing shall be scheduled on the Juvenile Dependency, Neglect and Abuse Docket of the Family Court Division if that docket will be called within 72 hours, excluding weekends and Holidays, of the issuance of the Emergency Custody Order. If the docket will not be called within 72 hours of the issuance of the Emergency Custody Order, then the Temporary Removal Hearing will be scheduled for an emergency hearing by the Judge within 72 hours of the issuance of the Emergency Custody Order.
606 Guardians ad Litem and Parent Attorneys
The Court shall appoint a Guardian ad Litem for the minor child, and an attorney for any named party upon their request and upon execution of a DNA 11, Financial Statement, Affidavit of Indigence and Request for Counsel form.
607 Duty of Guardians ad Litem and Parent Attorneys to Continue
After a Guardian ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, and abuse action, and termination of parental rights and adoption proceedings, if applicable.
608 Records and Transcripts
A videotaped record of all proceedings shall be kept and copies shall be made available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.
609 Dispositional Hearing
At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours preceding the Court date. The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.
610 Permanency Hearing/Review
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline, pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.
611 Notice to Foster Parents
All foster parents shall receive Notice of all hearings scheduled by the Court and shall be given the right to be heard at all hearings.
612 Access to Records
The Guardian ad Litem and attorneys for any party to a juvenile action shall have access to the Cabinet for Health and Family Services' records and files for reasons relating to their representation in that action only, which information shall otherwise remain confidential and may not be used by the attorney or party for any other purpose.

Credits

HISTORY: Amended effective January 1, 2018. Prior amendments effective June 20, 2012; May 17, 2005.
Johnson, Lawrence and Martin Family Court Rule 6, KY R JOHNSON FAM CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document