Rule 9. Miscellaneous
Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court
KY RKFC Rule 9
Rule 9. Miscellaneous
901.01. Pursuant to Supreme Court amended order effective December 1, 2004, each county shall appoint a contact person to be responsible for communicating the need for staff interpreter or freelance interpreter services to the AOC Court Interpreting Services Division. The contact person for Kenton Family Court is the Judicial Secretary for the corresponding division. (See information below). Requests for interpreters shall be submitted either by phone, fax or email one (1) week prior to the date interpreting services is needed.
902.02. Participation in the clinic shall be limited to individuals whose income is at or below 125% of the federal poverty level and shall be limited to dissolutions where there are no minor children of the marriage and no substantial non-marital property or debt in compliance with the requirements for participation in the clinic.
902.05. All final hearings for dissolution cases filed through the Pro Se Divorce Clinic shall be placed on the uncontested docket or given a hearing date if it is contested. The hearings shall be held in the courtrooms of the respective divisions. Either division may hear cases assigned to the other and enter the findings of fact, conclusions of law and decree of dissolution.
a. Children are non sui juris.1 Absent legislation which is constitutionally appropriate under the seventh part of the Kentucky Constitution, section 59, and other pertinent provisions of law, it shall be the policy of the Kenton Family Court to respect that important status and thereby promote the safety and care of children whose well-being is involved in litigation before this Court. When appointed as Guardian Ad Litem (GAL) for a child pursuant to a provision of the Kentucky Unified Juvenile Code or otherwise, it shall be the duty of that appointee to advocate for the client's best interest.
b. A GAL shall act in the capacity of attorney for a child. A GAL stands in the child's place to determine what the child's best interests and defense demand. Although a GAL does not have the powers of a regular guardian under KRS 387.010 et. seq., a GAL fully represents the child and is endowed with similar powers for purposes of the litigation at hand. Therefore, the GAL is both a fiduciary and lawyer for the child, and, in a sense, the representative of the child.
c. Statements made by the GAL for a child to the Kenton Family Court, whether during a hearing or in a motion or memorandum or otherwise, are presumptively acts of speaking legally on behalf of the child or advocacy or both; they are neither evidence nor an implicit claim of expertise of any kind. A GAL for a child shall not be called as a witness during litigation in which that lawyer is representing a child.
f. The Guardian ad Litem (GAL) is a child's representative appointed to participate actively as legal counsel for the child. The GAL should also undertake a thorough examination of the custodial circumstances. Unlike the Friend of the Court (FOC), the GAL is the child's agent and is responsible for making motions, for introducing evidence and for advancing evidence=based arguments on the child's behalf. The GAL should not file reports, testify, make recommendations, or otherwise put his own or her own credibility at issue. The GAL neither testifies (by filing a report or otherwise) nor is subject to cross-examination. The TAL represents the child's best interest, not necessarily the child's wishes, although the child's wishes are one of the statutory factors to be considered.
g. A Friend of the Court (FOC) may be appointed pursuant to KRS 403.300. The FOC is an attorney or other professional assigned to “investigat[e] and report concerning custodial arrangements for the child.” KRS 403.300(1). Unlike a GAL, this investigator serves as the court's agent, not the child’s, and his or her role may include custodial recommendations. The investigator’s file must be made available to the parties and the investigator himself or herself must be available to testify in court and be subject to cross-examination.
903.02. Practice Guidelines2
Prior to the final hearing in a case in which a GAL has been appointed, any litigant may move for a Joint Meeting between the GAL, the parties and their counsel to discuss the settlement of the case and to request that the GAL send opposing counsel a Settlement Letter outlining how the case might be settled. The Joint Meeting discussion may be conducted in conjunction with a pretrial conference to secure access to the presiding Judge for all parties at the same time. If sustained, the Joint Meeting may include what the GAL intends to say on behalf of the child, the efforts of the GAL to date, and the propriety of the GAL making other specified efforts. Discussion of extra, specified efforts by the GAL shall take into consideration the financial reasonableness of any such request.
Prior to the final hearing in which a GAL is appointed, any litigant may move for an Affidavit of Due Diligence to state the number of hours that have been expended in the case, the functions that the GAL has completed, the tasks that have been performed, and the fee that the GAL has requested. In the absence of such a motion, a GAL may choose to tender an Affidavit of Due Diligence and use that opportunity to provide details about the case and thereby state his or her efforts in a clear context.
There shall be created by the approval of these Rules by the Supreme Court of Kentucky, a roster of attorneys called the KRS 620 Guardian Ad Litem and Appointed Counsel Roster (herein referred to as “Roster”) to serve as GALs and separate counsel pursuant to the provisions of KRS 620.100.
Pursuant to the enactment of these Rules, all eligible attorneys who wish to serve as GALs and be Roster members, including those who are currently or have previously acted in this capacity, will need to (re)apply for membership each year. The term for appointment is one year expiring November 1 each and every year or until a successor is appointed. The Court will designate and maintain the Roster's membership. The initial number of members shall be seven (7) for each division. This number and the designated members are subject to revision or removal by the Court.
2. When there is no pending termination of parental rights litigation in the Kenton Family Court and when a parent wants to voluntarily give up his or her parental rights, the Roster member who is involved in the proceeding, if asked by the parent, shall within a reasonable time counsel him or her. That Roster member shall advise about legal issues arising in a voluntary termination of parental rights case and try to ascertain whether such a relinquishment would be made with understanding of what it entails and without improper coercion. Thereafter, if the parent wishes to surrender parental rights to a child or children, the Cabinet for Health and Family Services (“Cabinet”) shall be notified so that it may be ascertained whether the Cabinet is willing to be involved in such litigation or in collateral involuntary termination of parental rights litigation and whether it is feasible for an appropriate attorney's fee to be paid. If both the parent and the Cabinet are receptive to a voluntary termination of parental rights and if statutory compensation for the Roster member appears to be available, then that member shall prepare and file a voluntary petition for termination of parental rights and he or she shall participate as counsel in that lawsuit and in any precautionary involuntary termination of parental rights lawsuit that is collateral to it. The Kenton Family Court will award that member of the Roster those attorney's fees under the Kentucky Unified Juvenile Code as are appropriate for services rendered both before and after filing of the petition.
a. There shall be created by the approval of these Rules by the Supreme Court of Kentucky, a panel of attorneys (herein referred to as “Permanency Litigation Panel”) to serve as GALs who are entitled to serve as appointed counsel in Adoption, Dissolution of Marriage, Petition for Permanent Custody pursuant to KRS Chapter 403 or as Amicus Curiae in such proceedings. The number and initial membership of the Permanency Litigation Panel shall be decided after the application process described above in KCFLRP 903.03(b.) and are subject to removal by the Judges of the Kenton Family Court. Applications for the Permanency Litigation Panel shall be accepted year round. The obligations of the Permanency Litigation Panel are the same as the Roster members described above in KCFLRP 903.03(c).
The Court, in its discretion, shall decide how to best protect the interests of any child or children involved in custody litigation. The Court may, sua sponte, appoint a member of the Permanency Litigation Panel as Amicus Curiae to serve the interests of justice. Any party involved in custody litigation may move the Court for appointment of a GAL.
Persons appointed as GALs and Amicus Curiae shall be entitled to a reasonable fee.3
When a vacancy arises, notice of that fact shall be published through the auspices of the Northern Kentucky Bar Association. The vacancy shall be filled from among those candidates who timely submit a letter, assuring that the minimum requirements of these Rules are met, to the Kenton Family Court.
1. Motions for compensation by Roster and Panel members shall be accompanied by an affidavit detailing: (A) The statutory basis for appointment; (B.) The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and, (C.) That the action or proceeding has been concluded and date of disposition. In addition, where the appointment is made under KRS Chapters 620 and 625, Roster and Panel members' compensation shall not exceed the maximum fee authorized by KRS Chapters 620 and 625.
Herein referred to as the “Advisory Committee,” this group shall be created by the Kenton Family Court from among members of the Roster and the Permanency Litigation Panel; it shall consist of a Chairperson and four (4) other members and each shall serve a two (2) year term. Members may be reappointed or removed by the Kenton Family Court. Responsibilities of the Advisory Committee shall be to prepare or approve the education as mentioned in subsection “D” in addition to any other duties the Court shall assign.
The Kenton Family Court Judges shall preside over the accountability of the Roster and Permanency Litigation Panel members. The Court shall conduct an annual review of the Roster and Permanency Litigation Panel. The Court, in its discretion, may declare all memberships vacant and invite an application process to fill the membership. The Court may choose to meet with the individuals or groups of the Roster and Permanency Litigation Panel at its discretion.4
a. All practicing attorneys who are licensed to practice law before the Supreme Court of Kentucky are eligible to apply for and be placed on a rotating list, maintained by the Judges of the Kenton Family Court pursuant to CR 4.07. Upon rendering the Warning Order Report as required by CR 4.07, the Warning Order Attorney shall be entitled to a fee, as authorized by the Kentucky Civil Rules, and as set forth within these Rules and be taxed as costs in the proceeding. Persons who are located by a Warning Order Attorney, who are eligible for the appointment of counsel under KRS Chapter 600 et. seq. and want the Warning Order Attorney to represent them, shall, absent extraordinary circumstances, have a lawyer appointed to act on their behalf in the pending litigation. These services shall be compensated pursuant to the provisions of KRS Chapter 600 et. seq.
b. In ordinary civil cases, the rotating list of Warning Order Attorneys shall also serve as rotating list for appointments of GALs under CR 17.04 for prisoners and persons of unsound mind. In extraordinary civil cases, to wit, those for which there is a statutory fee for GALs and appointed counsel under the Kentucky Unified Juvenile Code, appointments pursuant to CR 17.04 will be made to an appropriate member of the Roster or the Permanency Litigation Panel.
The provisions of the foregoing Rules are subject to modification, repeal, or alteration upon concurrence of all Judges on the Kenton Family Court and approval by the Chief Justice of the Kentucky Supreme Court.
a. This Court is responsible for approving Guardian ad Litem (GAL) fees for individuals appointed in Dependency, Neglect and Abuse (D.N.A.) cases (KRS 620.100), for cases in which a voluntary termination of parental rights occurs (KRS 625.041), in cases in which an involuntary termination of parental rights is sought (KRS 625.080), and in cases of adoption (KRS 199.470).
c. Attorney fee applications are submitted on form prepared by the Finance Cabinet, called FINGAL-1. In all cases in which an attorney has been appointed as a Guardian ad Litem and seeks payment for fees consistent with KRS 620.100, 625.041 or 625.080, a FINGAL-1 shall be submitted for payment no later than 6 months after the conclusion of the case.
d. As to D.N.A. matters, this court announces the conclusion of each case and enters it on the docket sheet. Generally, a case is concluded upon completion of the Cabinet’s work when children have not been removed from parental care, or when children are returned to parental care, or upon the awarding of permanent custody, or upon the change of the goal to adoption. Attorneys in these matters may submit FINGAL-1’s throughout the progress of the case, but shall not submit a FINGAL-1 later than within 6 months of the case being concluded. The Court will not consider a FINGAL-1 submitted more than 6 months after the case being concluded.
904.2. If an appeal is from a proceeding in which there is only an audio recording, the appellant shall request from the Clerk of the Appeals Division a video stream recording of the proceedings to certify on appeal. There shall be a fee for the recording which is set by the Administrative Office of the Courts.
This rule applies to each and every case in the Kenton Family Court in which confidential or privileged documents are produced, filed, or introduced at trial. “Confidential or privileged documents” are any documents that include any information defined by KRE 506 (counselor-client privilege) or KRE 507 (psychotherapist-patient privilege), and private information that is protected by the federal HIPAA guidelines, including any information regarding medical care or payment history.
In any such case, the parties shall comply with the following procedures:
c. All privileged or confidential information described herein shall be designated as “confidential/privileged information” on the face of the document or item. If any privileged or confidential information is to be filed with the court, it shall be placed in an envelope marked “Confidential/Privileged” and sealed. It shall be the attorney's responsibility to seal the information and mark the envelope before filing.
d. All parties are prohibited from copying any item containing privileged or confidential information without prior consent of the Court. It is the responsibility of each party and counsel to maintain privileged or confidential information in a secure and appropriate place and to restrict access to such material to persons permitted under this rule.
f. This rule shall continue in full force and effect after the completion of any case before the Kenton Family Court. The Court shall retain jurisdiction of this matter for all purposes relating to the provisions of this rule subsequent to the completion of the case and until such time as the parties have certified to the Court that the provisions of this rule have been fully complied with.
Credits
HISTORY: Amended effective April 26, 2018. Prior amendments effective April 11, 2012. Adopted effective December 2, 2008.
Footnotes
Meaning that children lack legal age and capacity. See Black's Law Dictionary (8th ed. 2004).
In ruling on the merits of these motions the Judges of the Kenton Family Court shall be mindful of the duty of a Guardian Ad Litem to exercise independent judgment. A Guardian Ad Litem must make his or her own decisions about a particular case and litigants may not dictate when or how the decisions of the Guardian Ad Litem are made.
There may be extraordinary cases in which a member of the Permanency Litigation Panel will be required to work without expectation of reasonable compensation, in that situation a Judge of this Court should make note of this in the order of appointment.
The Kenton Family Court reserves the right to utilize alternative regimens from time to time in accountability efforts and the above mentioned methods are not exclusive.
Kenton Family Court Rule 9, KY R KENTON FAM CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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