A. An Emergency Custody Order (hereinafter ECO) as set forth in FCRPP 18 and 19 may be obtained during normal working hours; persons seeking an ECO shall come to the Circuit Clerk's Office where a petition form and affidavit form shall be provided upon request, at no cost.

B. If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office. If the person(s) to whom emergency custody has been granted appears in person in the Circuit Clerk's office and requests a copy of the ECO, the Circuit Clerk shall provide a copy at no cost.

C. Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided. The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.

D. If the request for an ECO is denied, and a court file already exists regarding the child involved, the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file with a new trailer number. If the petition refers to a child with no previous DNA action in this jurisdiction, a new court file shall be opened by the Circuit Clerk and the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file. The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.

A. Pursuant to KRS 620.070(1), a dependency, neglect or abuse action may be commenced by the filing of a petition by any interested person. Appropriate forms shall be made available upon request to the Circuit Clerk. Only petitions filed on Form AOC-DNA-1 shall be accepted by the Circuit Clerk as an initiating document. If the Court determines that the petition fails to state grounds for action pursuant to KRS Chapter 620 at the initial court proceeding on the petition or any proceeding thereafter, the petition shall be dismissed without prejudice unless leave to amend has been granted.

B. Any petition filed with this Court shall include the following:

C. The CHFS shall file with the petition any judgments of custody relating to the removed child and any previously developed prevention or safety plans relating to the child. Subsequent to the filing of the petition the CHFS shall file in the court record all safety, prevention and case plans in compliance with FCRPP 29.

D. Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre-adoptive parents or relatives providing care for the child. The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings. The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.

A. The Court may permit the Temporary Removal Hearing to go forward when the parent or person exercising custodial control has not been served if it is established on the record that the petitioner has made diligent efforts to serve all parties in time to permit them to prepare for and participate in the hearing.

B. It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.

C. The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served. The petitioner has an ongoing responsibility to locate and file with the Court any judgments of custody relating to the named child.

D. Upon appointment, initial appearance or as soon as practicable, all attorneys practicing in the Juvenile Division of Family Court shall provide and maintain in the court file a correct electronic mail address or facsimile number. All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket. Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.

A. The Temporary Removal Hearing shall be scheduled within 72 hours of the issuance of an ECO, excluding holidays and weekends.

B. The Temporary Removal Hearing shall be held no earlier than the day following the filing of the petition to allow time for service to be attempted.

A. At the dispositional hearing the Cabinet shall provide the Court with the information required pursuant to FCRPP 28 by completing DNA Form 12, a pre-disposition investigation report. In addition, if the siblings have been separated, the Cabinet shall explain the reasons for the separation.

B. A copy of the child's most recent report card and school behavior record shall be attached to the DNA Form 12.

C. If there are multiple siblings to whom the report refers, the Cabinet shall provide to the Circuit Clerk a copy of the report for each child's file.

A. A videotaped record of all proceedings shall be kept and copies shall be available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.