Rule 6 Dependency, neglect, and abuse
Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts
KY BPWF Rule 6
Rule 6 Dependency, neglect, and abuse
In the 39th Judicial Circuit (Breathitt, Powell and Wolfe Counties) the following procedures shall be followed to obtain an Emergency Custody Order as set forth in FCRPP 19:
Breathitt County
Cabinet for Health and Family Services
1041 College Avenue
Jackson, Kentucky 41339
From 8:00 a.m. until 4:30 p.m. Monday--Friday--call (606)-666-7506
From 4:30 p.m. to 8:00 a.m. call 1-877-297-2331 or
After hours and on weekends and Holidays call Law Enforcement Agencies or dial 911
Brendon Miller, Breathitt County Attorney
1128 Main St.
Jackson, KY 41339
606-666-4400 or 3808
Fax: 606-666-4422
Powell County
Cabinet for Health and Family Services
P.O. Box 219
121 North Main Street
Stanton, Kentucky 40380
From 8:00 a.m. until 4:30 p.m. Monday--Friday--call (606)-663-2881
From 4:30 p.m. to 8:00 a.m. call 1-877-297-2331 or
After hours and on weekends and Holidays call Law Enforcement Agencies or dial 911
Hon. Robert G. King, Powell County Attorney
Powell County Courthouse
P.O. Box 8
Stanton, KY 40380
(606)663-6647
Fax (606)663-2303
Wolfe County
Cabinet for Health and Family Services
P.O. Box 446
13 Court Street
Campton, Kentucky 41301
From 8:00 a.m. until 4:30 p.m. Monday--Friday--call (606)-668-3101
From 4:30 p.m. to 8:00 a.m. call 1-877-297-2331 or
After hours and on weekends and Holidays call Law enforcement Agencies or dial 911
Hon. Stephen R. Johnson, Wolfe County Attorney
Wolfe County Courthouse
P.O. Box 250
Campton, KY 41301
(606)668-3559
Fax (606)668-6868
B. The original Emergency Custody Order shall be filed in the appropriate Circuit Court Clerk's Office upon execution by a judge or trial commissioner or at 8:00 a.m. the next business day if the Clerk's Office is closed. The Clerk's Office shall forward a copy of the Emergency Custody Order to the Family Court Judge's office by e-mail on the date of filing.
C. After hours and on weekends and holidays, the Cabinet for Health and Family Services shall contact the 39th Judicial Circuit's Family Court Judge, or in his absence the local District Court Trial Commissioner, if any, or in his absence the District Court Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family Services shall file the original Emergency Custody Order in the appropriate Circuit Court Clerk's Office at 8:00 a.m. on the next business day.
A. All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the local County Attorney or an Assistant County attorney, who shall check the petition for legal sufficiency prior to its filing and initial it upon approval. If the petition is rejected by the County Attorney, it shall be submitted to a Family Court Judge for determination of legal sufficiency. If the Judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing. The original petition shall be filed in the 39th Judicial Circuit's respective Circuit Court Clerk's Office. A copy shall be distributed to the Assistant County Attorney assigned to prosecute the action. The Clerk's Office shall e-mail a copy of the petition to the Family Court Judge's office on the date of filing.
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 local County Attorney's Office, friends and relatives of the parents and local jails.
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 the hearing to locate and notify all persons who were not served.
The Temporary Removal Hearing shall be held according to the following guidelines:
The Temporary Removal Hearing shall be scheduled on the Family Court Juvenile Dependency, Neglect and Abuse Docket if that docket will be held within 72 hours, excluding weekends and holidays, of the issuance of the Emergency Custody Order. If that docket will not be held within 72 hours, 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.
The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.
After a Guardian ad Litem or parent/party 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.
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.
A. Pursuant to FCRPP 28, the child protective services agency (CHFS) shall provide the court with the information required by completing and filing form DNA-12 in the respective Circuit Court Clerk's Office three (3) days prior to the Disposition Hearing. CHFS shall deliver or e-mail a copy of its DNA-12 dispositional report to the Family Court Judge's office five (5) days in advance of the disposition hearing date. Failure to timely submit the CHFS DNA-12 report to the Family Court Judge's Office may result in a continuance of the disposition hearing.
Prior to any Permanency Hearing, Review Hearing and Permanent Custody Hearing, CHFS shall complete and file in the local Circuit Court Clerk's Office a Permanency Hearing or Review Hearing or Permanent Custody Hearing report and mail or hand deliver copies to all parties and counsel. A copy of said report shall be delivered or e-mailed to the Family Court Judge's office five (5) days in advance of the hearing date.
CHFS shall provide notice to all foster parents of all hearings scheduled by the Court and foster parents shall be given the right to be heard at all hearings.
The Guardian ad Litem and attorneys for any party to a juvenile action shall have access to CHFS records and files for reasons relating to their representation in that action only. The information shall remain confidential and shall not be used by the attorney or party for any other purpose.
Credits
HISTORY: Adopted effective May 5, 2012.
Breathitt, Powell and Wolfe Family Court Rule 6, KY R BREATHITT FAM CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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