Rule 501 Emergency Custody Orders (“ECO”)
Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court
KY RDDC Rule 501
Rule 501 Emergency Custody Orders (“ECO”)
A. Reporting Requirement: Pursuant to KRS 620.030, persons seeking an ECO shall contact the Cabinet for Health and Family Services (“CHFS”), local law enforcement, County Attorney or Daviess County Commonwealth Attorney's Office (“Commonwealth Attorney”) to report alleged dependency, neglect or abuse, and to seek assistance in securing the child's safety.
B. Reasonable Efforts to Prevent Removal of Child From Home: The Court shall insure the protection of a child where the petition alleges an immediate and ongoing threat of serious harm. Precipitous and unplanned removal of a child from the home is traumatic and difficult to reverse. The Court should remove a child from the home only if no other reasonable alternative will insure the child's safety.
The Adoption and Safe Families Act (“ASFA”) (P.L. 105-89) and Regulations (45 C.F.R. § 1355 et. seq.), require the party or agency petitioning for the removal to provide sworn written testimony to the Judge about recent efforts to assist the family in providing safe and non-disruptive alternatives to protect the child and eliminate the need for removal.
If the petitioning party believes the situation requires investigation, and implementation of alternatives to removal would be imprudent, the petitioner shall provide sworn written testimony of the basis for this belief to the Judge when seeking removal.
C. Disclosure Requirement: Pursuant to FCRPP 19(2): The petitioner MUST disclose in writing any pending proceedings relating to the custody of the child, or any existing custody orders whether issued by a Judge of the Commonwealth or another state or country.
D. Procedure for Obtaining ECO:
1) During Regular Business Hours:
a. Persons seeking an ECO may obtain the appropriate forms (Affidavit for Emergency Custody and D/N/A Petition) from the Juvenile Clerk. The petitioner shall file the d/n/a petition with the Affidavit for Emergency Custody.
b. Upon completion of all required forms, the Juvenile Clerk or notary may acknowledge the forms. The petitioner shall present the completed and acknowledged forms to the Juvenile Clerk, who shall present those forms with an ECO to a District Court Judge.
c. The Judge shall sign the ECO if the Affidavit complies with FCRPP 19 and RDDC 601B, and circumstances warrant removal of the child from the home pursuant to KRS 620.060. The Juvenile Clerk shall provide copies to the Affiant, CHFS, and the serving agency. The Juvenile Clerk shall provide the serving agency the following forms with the ECO: Notice and Statement of Rights, and Notice of Emergency Removal. The original paperwork shall remain with the Juvenile Clerk, who shall file the document.
2) During Non-Business Hours:
a. Persons seeking an ECO shall contact local law enforcement or 911; that agency will notify the CHFS and/or the County Attorney's or Commonwealth Attorney's on-call representative to review the matter.
b. CHFS and/or the on-call prosecutor shall consult with the person seeking the ECO and, if necessary, shall assist the petitioner in completing the appropriate forms, and shall swear in the affiant. When possible, the petitioner shall complete both the D/N/A Petition and the Affidavit for Emergency Custody.
c. Central dispatch, the on-call prosecutor or CHFS representative shall notify the on-call Judge or if not available, any District Judge, of the situation. The Judge shall review the documents in person or via facsimile or electronic transmission. If the Judge determines that the Affidavit complies with FCRPP 19 and RDDC 601B, and that circumstances warrant removal of the child from the home pursuant to KRS 620.060, the Judge shall sign the ECO and provide signed ECO to Affiant and/or the serving agency. The person or agency possessing the original documents shall provide those documents to the Juvenile Clerk no later than 3:00 p.m. on the next business day.
E. Appointment of Counsel and GAL: When the Juvenile Clerk receives the original documents the Juvenile Clerk shall appoint a GAL for the child(ren), and counsel for the person(s) from whose custody the child was removed. The Juvenile Clerk shall notify the appointed attorneys of the date for the Temporary Removal Hearing, and provide them copies of all relevant documents.
Credits
HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 501, KY R DAVIESS DIST CT Rule 501
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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