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922 KAR 1:230. Emergency protective services


Published: 2015

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      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.)