KRS § 620.090 — KY Code / Title LI / Chapter 620 / Section 620.090
620.090 Temporary custody orders
Status: in_force

620.090 Temporary custody orders.

(1) 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:

(a) 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;

(b) Inquire as to an existing child support order; and

(c) If there is no existing order, or if the order is to be amended, the court shall:

1. Make specific findings, either written or on the record, as to:

a. The child support obligation in the best interest of the child;

b. The action to be taken by the payee, payor, or any other party by

making an application for services to the child support office who

shall take all appropriate action; or

c. Setting a hearing as soon as practicable; and

2. Require proper service before establishing a new child support order.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) If custody is granted to a grandparent of the child pursuant to this section, the court

shall consider granting reasonable visitation rights to any other grandparent of the

child if the court determines the grandparent has a significant and viable

relationship with the child as established in KRS 405.021(1)(c).