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Rule 6. Child custody/dependency, neglect, or abuse

Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court

Baldwin's Kentucky Revised Statutes Annotated
1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 6
Rule 6. Child custody/dependency, neglect, or abuse
601. Emergency Custody. Petitions for emergency custody arising from alleged dependency, neglect, or abuse must be filed in the Office of the Circuit Court Clerk in the County of the Child's primary residence. Filed petitions shall be delivered to the District Court by the Clerk via electronic means (preferably via email to the District Judge, or via direct delivery to the District Judge at his primary office chambers at the Ballard County Courthouse, 132 North 4th Street, Wickliffe, Kentucky. Attempted delivery of a petition for emergency custody by anyone other than the Clerk of the Court will not be authorized without direct communication from Child Protective Services, or other investigative agency. Each petition for emergency custody will be evaluated pursuant to the standards in KRS Chapter 620; and if granted, will be supported by a written order on the appropriate form developed by the Administrative Office of the Courts and returned to the Clerk of the Court for entry. The Court will direct the Court Clerk to deliver a signed copy of the order directly to CPS's, or CHFS's, agent. The order will set a proposed date for a timely temporary removal hearing and direct the Clerk to notify the parents and/or guardians, and the County Attorney.
602. Service on Persons Acting as Custodian. Temporary removal hearings shall not be delayed or postponed merely for lack of service on a purported parent or person who had been acting as custodian, prior the entry of an emergency custody order. The petitioner will be required to show diligent effort to serve all parties, including communicating the concerns supporting removal with the Office of the County Attorney, and/or Child Support Division, in the child's residence County, to proceed in the absence of service upon such person. Similarly, an adjudication hearing will not be delayed or postponed by the absence of a parent or person previously acting as custodian or by a lack of proof of service, if the petitioner can establish reasonable efforts to notify and make contact with such person(s). Notwithstanding the provisions herein, all permanency hearings shall require formal notice to, and (absent a waiver, voluntary absence, lack of identification or known whereabouts, or incarceration where virtual attendance is not reasonably practical) attendance by all real parties in interest, including the birth parents, foster caretaker or parent(s), fictive kin, prospective adopting party(s), representatives from the Cabinet and CASA, where the latter is appointed, and any other person necessary to establish a proper record for permanency; and failure to give timely and proper notice (or to furnish to the Court Clerk the best available address to send such notice) may result in a continuance of the permanency hearing, including a delay extending beyond the twelve-month anniversary date of the proceeding.
603. Directing CHFS to Open a Case. At any time, and on the basis of any concern, in a proceeding for removal of custody, the District Court may in its discretion direct the Cabinet for Health and Family Services to open a case and conduct an investigation, or present a case plan, or to take any other action and provide any other service or resource within its statutory or regulatory authority to assist in the proceedings, placement or permanency goal for the child.
604. Appointment of CASA. The Court may at its discretion and for such purposes as it may see fit appoint a Court Appointed Special Advocate (CASA) to represent the personal interests and needs of the child in any proceeding. The appointed CASA will not replace or supersede the legal interests served by the guardian ad litem appointed by the Court; and shall supplement and compliment the resources for the child provided by the Cabinet for Health and Family Services and Family Preservation.
605. Tender of Form Orders. In all hearings for an adjudication or a disposition under KRS Chapters 620 and 625, the Cabinet and/or the Office of County Attorney, at or before such hearing, shall tender a proposed order on the then current form approved by the Administrative Office of the Courts (AOC), leaving blank those sections in which the Court is required to make an election or to recite findings of fact in support of the adjudication or disposition of the proceeding, respectively. Other parties in the proceeding may tender proposed orders if they so desire.
606. Visitation and Timesharing. Unless a schedule of visitation or timesharing has been established by a prior order of Court, or by formal agreement approved by this Court in the best interest of the child(ren), or pursuant to a plan approved and imposed by the Cabinet for Health and Family Services in its role under KRS Chapters 620 to 625, and after a disposition is made in proceedings under those statutes, visitation and timesharing shall be consistent with the First District Court Standard Visitation Schedule (Appx. B).

Credits

HISTORY: Adopted effective January 1, 2023.
Fulton and Hickman District Court Rule 6, KY R FULTON HICKMAN DIST 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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