Rule 6 Dependency neglect and abuse
Baldwin's Kentucky Revised Statutes Annotated17th Judicial Circuit - Campbell Family Court
KY RCFC Rule 6
Rule 6 Dependency neglect and abuse
A. DNA Petition--All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Campbell County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the county attorney, it shall be submitted to a Family Court Judge for determination of legal sufficiency. If 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 Assistant County Attorney or Judge, as appropriate, 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 Campbell Family Court Clerk.
Any petition filed with this Court shall comply with the following conditions:
C. Any juvenile involved in a dependency, abuse, and/or neglect action or status offense, age fourteen (14) and under, who has been charged with a public offense against family members but which has been amended to a status offense or dependency, neglect and abuse case by the district court, may, with the acquiescence of the Family Court Judge, come before the Family Court. All other juveniles with pending public offenses shall appear in District Court for the public offense, as well as any status offense.
D. In juvenile adjudication proceedings, it shall be the responsibility of the county attorney to consult with the Cabinet for Health and Family Services (CHFS) prior to signing any Agreed Orders. Representatives from the CHFS shall not sign Agreed Orders. In addition, the CHFS shall confer with the County Attorney in order to issue subpoenas.
E. Pursuant to FCRPP 19, a request for an Emergency Custody Order can be made to the Court on AOC DNA-2.1. A request for an Emergency Custody Order may be submitted to the Cabinet Central Intake at 859-292-6550, fax 859-292-6400, or email [email protected], prior to being considered by the Court. When a dependency, neglect, or abuse action is commenced, or a Temporary Removal Hearing has been held and further proceedings are required, this Court may appoint an attorney or a guardian ad litem to represent the minor child, parent(s), and/or custodian(s) of the minor child. Said appointment for parents and/or custodian is contingent upon the party's submission of an Affidavit of Indigency with this Court within seven (7) days from the date the Order is entered. Should the party not qualify as indigent, said party shall be responsible for reimbursement of any and all attorney fees incurred by the appointed counsel.
2. In situations where time is of the essence, faxed copies of Emergency Custody Orders and/or Petitions shall constitute sufficient notice when being sent to guardians ad litem, the CHFS, counsel for parents, county attorneys, the Director of Pupil Personnel, any and all school and/or educational facilities, and/or the complaining witness(es).
Credits
HISTORY: Amended effective February 3, 2004; June 12, 2012.
Campbell Family Court Rule 6, KY R CAMPBELL 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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