(1) Any request for an emergency custody order in a dependency, neglect or abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 , Affidavit for Emergency Custody Order, and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule. (2) The person seeking the emergency custody order shall indicate on the affidavit whether there are other proceedings pending, or any orders of custody, related to the child in the Commonwealth or any other state. (3) The emergency custody order shall contain the contents of the official AOC form, AOC-DNA-2, Emergency Custody Order, which is available for use in compliance with this rule. In no event shall a child be removed pursuant to KRS 620.060 only on a verbal order.
(a) Upon issuance of an emergency custody order by the judge, the person seeking the emergency custody order shall file the emergency custody order and the affidavit with the clerk no later than the close of the next work day and the clerk shall assign a case number. (b) If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit. (c) The court may, after issuing an emergency custody order, transfer the case for forum non conveniens to the county where the dependency, abuse or neglect is alleged to have occurred and shall notify the court to which the case is being transferred, upon issuance of the transfer order.
Ky. Fam. Ct. R. P. & Prac. FCRPP 19
Amended by Order 2014-21, eff. 1-1-15; adopted by Order 2010-09, eff. 1-1-11.
