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620.090 Temporary custody orders.
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If, after completion of the temporary removal hearing, the court finds there are
reasonable grounds to believe the child is dependent, neglected or abused, the
court shall issue an order for temporary removal and shall grant temporary
custody to the cabinet or other appropriate person or agency. Preference shall
be given to available and qualified relatives of the child considering the wishes
of the parent or other person exercising custodial control or supervision, if
known. The order shall state the specific reasons for removal and show that
alternative less restrictive placements and services have been considered. The
court may recommend a placement for the child.
In placing a child under an order of temporary custody, the cabinet or its
designee shall use the least restrictive appropriate placement available.
Preference shall be given to available and qualified relatives of the child
considering the wishes of the parent or other person exercising custodial
control or supervision, if known. The child may also be placed in a facility or
program operated or approved by the cabinet, including a foster home, or any
other appropriate available placement. However, under no circumstance shall
the child be placed in a home, facility, or other shelter with a child who has
been committed to the Department of Juvenile Justice for commission of a sex
crime as that term is defined in KRS 17.500, unless the child committed for the
commission of a sex crime is kept segregated from other children in the home,
facility, or other shelter that have not been committed for the commission of a
sex crime.
If the court finds there are not reasonable grounds to believe the child is
dependent, neglected or abused, or if no action is taken within seventy-two
(72) hours, the emergency custody order shall be dissolved automatically and
the cabinet or its designee shall return the child to the parent or other person
exercising custodial control or supervision. A request for a continuance of the
hearing by the parent or other person exercising custodial control or
supervision shall constitute action precluding automatic dissolution of the
emergency custody order.
When the court issues a temporary order for the custody of a child, the court
may order that, within two (2) weeks, arrangements be made for the child to
receive a thorough medical, visual, and dental examination by a professional
authorized by the Kentucky Revised Statutes to conduct such examinations.
The costs of the examination shall be paid by the cabinet.
The child shall remain in temporary custody with the cabinet for a period of
time not to exceed forty-five (45) days from the date of the removal from his
home. The court shall conduct the adjudicatory hearing and shall make a final
disposition within forty-five (45) days of the removal of the child. The court may
extend such time after making written findings establishing the need for the
extension and after finding that the extension is in the child's best interest.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 182, sec. 51, effective July 12, 2006. -Amended 1988 Ky. Acts ch. 350, sec. 49, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 70, effective July 1, 1987.
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