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FCRPP 18 Emergency custody orders in dependency, neglect or abuse actions

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
VII. Dependency, Neglect or Abuse
Kentucky Family Rules of Practice and Procedure FCRPP 18
FCRPP 18 Emergency custody orders in dependency, neglect or abuse actions
(1) Any request for an emergency custody order in a dependency, neglect or abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule.
(2) An affidavit for an emergency custody order may be sworn, either in the presence of or through reliable electronic means, before an official authorized to administer oaths. The presentation of the affidavit to the Court and the administration of the oath may be made in person or by reliable electronic means.
(3) When a reliable electronic means is being used in lieu of actual presence before an official authorized to administer oaths, the official administering the oath must be in communication with the person completing the affidavit, so that the official administering the oath may comply with the requirements for administering oaths. The official administering the oath shall certify on the affidavit or an accompanying document that the oath was taken while in communication with the affiant and shall state the name and title of the official administering the oath and the time the affidavit was sworn.
(4) The person seeking the emergency custody order shall indicate on the affidavit whether there are other proceedings pending, or any orders of custody, related to the child in the Commonwealth or any other state.
(5) The emergency custody order shall be entered using the official AOC form, AOC-DNA-2 (Emergency Custody Order). In no event shall a child be removed pursuant to KRS 620.060 only on a verbal order.
(a) Upon issuance of an emergency custody order by the judge, the person seeking the emergency custody order shall file the emergency custody order and the affidavit with the clerk no later than the close of the next work day and the clerk shall assign a case number.
(b) If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.
(c) The court may, after issuing an emergency custody order, transfer the case for forum non conveniens to the county where the dependency, abuse or neglect is alleged to have occurred and shall notify the court to which the case is being transferred, upon issuance of the transfer order.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules FCRPP 18, KY ST FAM CT FCRPP 18
Current with amendments received through May 1, 2022. Some sections may be more current, see credits for details.
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