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Rule 6 Dependency, neglect, and abuse

Baldwin's Kentucky Revised Statutes Annotated35th Judicial Circuit - Pike Family Court

Baldwin's Kentucky Revised Statutes Annotated
35th Judicial Circuit - Pike Family Court
KY RPFC Rule 6
Rule 6 Dependency, neglect, and abuse
Currentness
601 Petition
A. All petitions shall be filed in accordance with FCRPP 20. The petition shall be submitted to the Family Court Judge for determination of legal sufficiency. If the Family Court Judge is unavailable the petition shall be presented to a district for review. If after review, 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 judge shall initial the petition for filing. A copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Pike Circuit Court Clerk.
B. Any petition filed with this 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 Pike County Attorney's Office.
602 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
The judge may permit the Temporary Removal Hearing or the adjudicatory 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. The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
603 Time for Temporary Removal Hearing
The Temporary Removal Hearing shall be held according to the following guidelines:
A. The Temporary Removal Hearing shall be scheduled on the dependency docket within 72 hours, excluding holidays and weekends, of the issuance of an ECO. If the dependency docket will not be held within 72 hours, the Temporary Removal Hearing will be scheduled for the division's emergency docket within 72 hours of the issuance of the ECO. Such hearing should be scheduled toward the end of the 72 hours to allow time for service to be attempted.
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.
604 Guardians Ad Litem and Parent Attorneys
The Court shall assign a Guardians Ad Litem to each case when the petition is filed, in order to facilitate consistent, high-quality advocacy representation of all parties. Counsel for the person exercising custodial control shall be appointed at the temporary removal hearing.
605 Duty of Guardian Ad Litem and Parent Attorney to Continue
After a Guardian Ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse, or termination of parental rights and adoption proceedings. All parties shall be served with notice of an attorney's request to withdraw.
606 Records and Transcripts
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.
607 Dispositional Hearing
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

Credits

HISTORY: Adopted effective August 30, 2013.
Pike Family Court Rule 6, KY R PIKE 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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