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Rule VI Dependency, neglect, abuse

Baldwin's Kentucky Revised Statutes Annotated50th Judicial Circuit - Boyle and Mercer Family Court

Baldwin's Kentucky Revised Statutes Annotated
50th Judicial Circuit - Boyle and Mercer Family Court
KY RBMF Rule VI
Rule VI Dependency, neglect, abuse
6.01--Roster of Guardians Ad Litem
The Circuit Court Clerk's Office maintains a list of attorneys who serve as GALs and parent's counsel in the Boyle and Mercer Family Courts. An attorney that wishes to be placed on the GAL list for either county should contact the Judge's office for inclusion on the list. All attorneys must complete at least one Guardian Ad Litem training course before the Court will place an attorney on the GAL list.
Any attorney seeking to be placed on the Court's GAL list must keep set weekly, local office hours (within the borders of the 50th Judicial Circuit) so that they may meet with appointed clients prior to their court date in Boyle or Mercer County.
6.02--Court Reports
Pursuant to FCRPP 28, the Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 hours prior to the Hearing. Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
6.03--Continuances
Continuances shall comply with FCRPP 23. Counsel may circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date for the Court's review. Said order must contain a statement setting forth how the best interests of the child or children is served by the continuance.
6.04--Prevention Plans
Pursuant to FCRPP 29, any DCBS Prevention or Safety Plan shall be placed in the Court record within 72 hours of execution or before the next scheduled court hearing, whichever is earlier. Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.
6.05--Court-Appointed Counsel
After a Guardian Ad Litem or parent's attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse action; termination of parental rights; or adoption proceeding unless relieved of the appointment upon a proper motion to withdraw as counsel.
Upon commencement of a termination of parental rights and/or adoption proceeding that emanates from a dependency, neglect or abuse proceeding; the Court shall reappoint the same attorney for each party unless an attorney is unable or unwilling to further represent that party.
6.06--Procedure for Seeking an Emergency Custody Order (ECO)
During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ECO affidavit.
The District Clerk shall then fax the Petition and Affidavit to the Cabinet for Health and Family Services (CHFS) as a referral for immediate investigation. If a social worker employed by CHFS is seeking an ECO, the social worker will provide copies to the Court.
After normal working hours, law enforcement and/or CHFS shall contact the Family Court Judge, District Court Judge or Trial Commissioner of this Circuit immediately upon the receipt of an ECO affidavit.
6.07--Petitions
A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.
Any dependency, neglect, abuse or status offender petition filed with this Court shall substantially comply with the following conditions:
1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and
2. Contact information of child's parents or guardians. The Clerk shall make reasonable efforts to notify the child's parents or guardians in keeping with the requirements of KRS Chapter 600, et seq.
6.08--The Effects of Service on Only One Parent
The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that there have been reasonable 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. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
6.09--Temporary Removal Hearings
Temporary Removal Hearings (TRHs) shall be scheduled on the Court's TRH docket or as needed so that it will be held within 72 hours, excluding holidays and weekends, of the issuance of an ECO.
6.10--Dispositional Hearing
At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12. Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.

Credits

HISTORY: Amended effective May 17, 2012. Prior amendments effective January 10, 2005.
Boyle and Mercer Family Court Rule VI, KY R BOYLE FAM CT Rule VI
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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