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209.110 Petition -- Guardian ad litem -- Summons -- Notice -- Hearing -Report to court -- Fee.
(1)
(2)
(3)
(4)
(5)
A petition by the cabinet for emergency protective services shall be verified by
an authorized representative of the cabinet and shall set forth the name, age,
and address of the adult in need of protective services; the nature of the
disability of the adult, if determinable; the proposed protective services; the
petitioner's reasonable belief, together with the facts supportive thereof, as to
the existence of the facts, and the facts showing the petitioner's attempts to
obtain the adult's consent to the services and the outcomes of such attempts.
The petition and all subsequent court documents shall be entitled: "In the
interest of----- , an adult in need of protective services." The petition shall be
filed in the court of the adult's residence, or if filed pursuant to KRS 209.130,
the court of the county in which the adult is physically located.
When a petition for emergency protective services is filed, the court or the clerk
shall immediately appoint a guardian ad litem to represent the interest of the
adult. The duties of a guardian ad litem representing an adult for whom a
petition for emergency protective services has been filed shall include
personally interviewing the adult, counseling with the adult with respect to this
chapter, informing him of his rights and providing competent representation at
all proceedings, and such other duties as the court may order.
Following the filing of a petition, a summons shall be issued and served with a
copy of the petition, and notice of the time, date and location of the hearing to
be held on the petition. Service shall be made upon the adult and his guardian
or, if none, his caretaker. Should the adult have no guardian or caretaker,
service shall be made upon the adult's guardian ad litem. Notice of the hearing
shall be given to the adult's spouse, or, if none, to his adult children or next of
kin, unless the court is satisfied that notification would be impractical. Service
shall not be made upon any person who is believed to have perpetrated the
abuse, neglect, or exploitation. Service of the petition shall be made at least
three (3) calendar days prior to the hearing for emergency protective services.
The hearing on the petition for an emergency order for protective services shall
be heard under the following conditions:
(a) The hearing on the petition, in the interests of expedition, may be held in
any county within the judicial district or circuit served by the court. The
court shall give priority to the holdings of the hearings pursuant to
petitions filed under this chapter;
(b) The adult or his representative may present evidence and cross-examine
witnesses; and
(c) The adult or his representative may petition the court to have any order
which is entered pursuant to this chapter, set aside or modified for good
cause.
Where protective services are rendered on the basis of an order pursuant to
this section, the cabinet shall submit a report to the court describing the
circumstances including the name, place, date, and nature of the services.
Such report shall be made at least once or on a monthly basis if protective
services are provided the adult for a period of longer than one (1) month.
(6)
The fee of the guardian ad litem shall be paid by the cabinet not to exceed
three hundred dollars ($300). This fee is not to be paid to attorneys employed
by government funded legal services programs.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 5, effective June 20, 2005. -Amended 1982 Ky. Acts ch. 141, sec. 66, effective July 1, 1982. -- Created 1980
Ky. Acts ch. 372, sec. 6, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the
"department" in this statute were changed to "cabinet" pursuant to 1982 Ky. Acts
ch. 393, sec. 50(5), and KRS 7.136(2).
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