Rule VI Dependency, neglect, abuse
Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Family Court
KY RGSF Rule VI
Rule VI Dependency, neglect, abuse
6.01--Roster of Guardians Ad Litem
The Circuit Court Clerk's Office maintains a list of attorneys who serve as GALs and parent's counsel in the Garrard and Jessamine Family Courts. An attorney that wishes to be placed on the GAL list for either county should contact the Judge's office for inclusion on the list. All attorneys must complete at least one Guardian Ad Litem CLE course before the Court will place an attorney on the GAL list.
Any attorney seeking to be placed on the Court's GAL list must keep local office hours so that they may meet with appointed clients prior to their court date.
6.02--Court Reports
Pursuant to FCRPP 28, the Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 hours prior to the Hearing. Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
6.03--Continuances
Continuances shall comply with FCRPP 23. Counsel shall circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date.
6.04--Prevention Plans
Pursuant to FCRPP 29, any Prevention or Safety Plan shall be placed in the Court record and copies given to all parties or their counsel.
6.05--Court-Appointed Counsel
After a Guardian Ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse action, termination of parental rights, or adoption proceeding unless relieved of the appointment upon a proper motion to withdraw as counsel.
Upon commencement of a termination of parental rights and/or adoption proceeding that emanates from a dependency, neglect or abuse proceeding; the Court will reappoint the same attorney for each party unless an attorney is unable or unwilling to further represent that party.
6.06--Procedure for Seeking an Emergency Custody Order (ECO)
During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ECO affidavit.
After normal working hours, 4:30 P.M. to 8:00 A.M., Monday through Friday, weekends, and holidays, law enforcement or CHFS will contact the Family Court Judge, District Court Judge or Trial Commissioner to get an ECO. After normal working hours, suspected dependency, neglect or abuse should be reported to local law enforcement.
6.07--Petitions
A copy of all dependency, neglect and abuse offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.
Any dependency, neglect and abuse petition filed with this Court shall comply with the following conditions:
6.08--The Effects of Service on Only One Parent
The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that Clerk has made reasonable efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
6.09--Temporary Removal Hearings
Temporary Removal Hearings (TRHs) shall be scheduled within 72 hours, excluding holidays and weekends, of the issuance of an ECO.
6.10--Dispositional Hearing
At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12. Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.
Credits
HISTORY: Amended effective March 12, 2007; September 26, 2012.
Garrard and Jessamine Family Court Rule VI, KY R GARRARD JESSAMINE FAM CT Rule VI
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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