922 KAR 1:230.
Emergency protective services.
RELATES TO: KRS
620.010, 620.040, 620.050, 620.060
STATUTORY
AUTHORITY: KRS 194A.050, 620.180
NECESSITY,
FUNCTION, AND CONFORMITY: The purpose of this administrative regulation is to
establish guidelines for protective action required by KRS 620.040 and 620.050,
if a child is in danger of serious physical injury due to abuse, neglect or
dependency, the Cabinet for Health and Family Services is under an obligation
to take necessary action and offer protective services under KRS 620.050(3).
Police are authorized to take children into protective custody under KRS
620.040(4) only if there exist reasonable grounds to believe the child is in
danger of imminent death or serious physical injury, or is being sexually
abused and the parents or other persons exercising custodial control or supervision
of the child are unwilling or unable to care for the child. This administrative
regulation is intended to establish guidelines that shall protect children from
the danger of serious physical injury pending a temporary removal hearing by
the court.
Section 1.
Guidelines for Determining Danger of Serious Physical Injury. The following
circumstances shall be considered reasonable grounds to believe that the child
is in danger of serious physical injury:
(1) The child is
threatened with abuse or neglect as defined in KRS 600.020 which is likely to
result in serious physical injury; or the child has recently suffered
substantial physical pain or any impairment as a result of abuse or neglect and
there exists a likelihood of additional abuse or neglect that may result in
serious physical injury from which the custodian is unable or unwilling to
protect the child.
(2) The child is
not attended by a responsible person and the child, due to age, physical or
mental impairment or other circumstances, is unable to protect himself from
serious physical injury and after a reasonable inquiry, it is determined that
there is no parent, relative, or other responsible adult willing or available
to attend to the child.
Section 2.
Cabinet for Health and Family Services and Law Enforcement Actions Related to
Protective Services. If there exist grounds to believe a child is in danger of
imminent death or serious physical injury as set forth in Section 1 of this
administrative regulation, an appropriate law enforcement officer may take the
child into protective custody.
(1) In counties
containing a city of the first class, a police officer who has taken a child
into protective custody and is unable to locate a responsible parent, relative
or other adult willing and able to protect the child may request the Cabinet
for Health and Family Services to provide necessary protective services, which
may include immediate placement of the child in an emergency shelter operated
by or under contract to the cabinet.
(2) If the
child is taken into protective custody under subsection (1) of this section
between the hours of 5 p.m. and 8 a.m., the Cabinet for Health and Family
Services may, upon determination that there exists reasonable grounds to
believe a child is in danger of imminent death, serious physical injury, or is
being sexually abused, and the parent is unable or unwilling to protect the
child, request the officer to take the child to an appropriate emergency
shelter for protective services.
(3) If the child is
taken into protective custody under subsection (1) of this section between the
hours of 8 a.m. and 5 p.m., the child may be released to the Cabinet for Health
and Family Services or its designee. If the circumstances indicate the
necessity of retaining the child in custody, the Cabinet for Health and Family
Services or the law enforcement officer may request the court to issue an
emergency custody order.
Section 3. Temporary
Removal Petition. If the court declines to issue an ex parte emergency custody
order, the Cabinet for Health and Family Services shall return the child to the
custodial home. If the cabinet believes the child will be dependent neglected
or abused if in the custody of his parent or other person exercising custodial
control or supervision, the cabinet may file a dependency petition and request
a temporary removal hearing be held within seventy-two (72) hours in order to
protect the child. (15 Ky.R. 1991; Am. 2158; eff. 4-19-89; 20 Ky.R. 2413; eff.
3-23-94; Recodified from 905 KAR 1:230, 10-30-98.)