2014 Kentucky Revised Statutes
CHAPTER 620 - DEPENDENCY, NEGLECT, AND ABUSE
620.080 Temporary removal hearing.
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<![CDATA[620.080 Temporary removal hearing.
(1)
(2)
Unless waived by the child and his parent or other person exercising custodial
control or supervision, a temporary removal hearing shall be held:
(a) Within seventy-two (72) hours, excluding weekends and holidays, of the
time when an emergency custody order is issued or when a child is taken
into custody without the consent of his parent or other person exercising
custodial control or supervision; and
(b) In cases commenced by the filing of a petition, within ten (10) days of the
date of filing.
At a temporary removal hearing, the court shall determine whether there are
reasonable grounds to believe that the child would be dependent, neglected or
abused if returned to or left in the custody of his parent or other person
exercising custodial control or supervision even though it is not proved
conclusively who has perpetrated the dependency, neglect or abuse. For good
cause, the court may allow hearsay evidence. The Commonwealth shall bear
the burden of proof by a preponderance of the evidence and if the
Commonwealth should fail to establish same, the child shall be released to or
retained in the custody of his parent or other person exercising custodial
control or supervision.
Effective:April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 48, effective April 10, 1988. -Created 1986 Ky. Acts ch. 423, sec. 69, effective July 1, 1987.
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