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.)