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620.060 Emergency custody orders.
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The court for the county where the child is present may issue an ex parte
emergency custody order when it appears to the court that removal is in the
best interest of the child and that there are reasonable grounds to believe, as
supported by affidavit or by recorded sworn testimony, that one (1) or more of
the following conditions exist and that the parents or other person exercising
custodial control or supervision are unable or unwilling to protect the child:
(a) The child is in danger of imminent death or serious physical injury or is
being sexually abused;
(b) The parent has repeatedly inflicted or allowed to be inflicted by other than
accidental means physical injury or emotional injury. This condition shall
not include reasonable and ordinary discipline recognized in the
community where the child lives, as long as reasonable and ordinary
discipline does not result in abuse or neglect as defined in KRS
600.020(1); or
(c) The child is in immediate danger due to the parent's failure or refusal to
provide for the safety or needs of the child.
Custody may be placed with a relative taking into account the wishes of the
custodial parent and child or any other appropriate person or agency including
the cabinet.
An emergency custody order shall be effective no longer than seventy-two (72)
hours, exclusive of weekends and holidays, unless there is a temporary
removal hearing with oral or other notice to the county attorney and the parent
or other person exercising custodial control or supervision of the child, to
determine if the child should be held for a longer period. The seventy-two (72)
hour period also may be extended or delayed upon the waiver or request of the
child's parent or other person exercising custodial control or supervision.
Any person authorized to serve process shall serve the parent or other person
exercising custodial control or supervision with a copy of the emergency
custody order. If such person cannot be found, the sheriff shall make a good
faith effort to notify the nearest known relative, neighbor, or other person
familiar with the child.
Within seventy-two (72) hours of the taking of a child into custody without the
consent of his parent or other person exercising custodial control or
supervision, a petition shall be filed pursuant to this chapter.
Nothing herein shall preclude the issuance of arrest warrants pursuant to the
Rules of Criminal Procedure.
Effective:March 17, 1998
History: Amended 1998 Ky. Acts ch. 57, sec. 4, effective March 17, 1998. -Amended 1988 Ky. Acts ch. 350, sec. 46, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 67, effective July 1, 1987.
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