(1) Unless waived by the child and his parent or other person exercising custodial
control or supervision, a temporary removal hearing shall be held:
(a) Within seventy-two (72) hours, excluding weekends and holidays, of the time
when an emergency custody order is issued or when a child is taken into
custody without the consent of his parent or other person exercising custodial
control or supervision; and
(b) In cases commenced by the filing of a petition, within ten (10) days of the date
of filing.
(2) At a temporary removal hearing, the court shall determine whether there are
reasonable grounds to believe that the child would be dependent, neglected or
abused if returned to or left in the custody of his parent or other person exercising
custodial control or supervision even though it is not proved conclusively who has
perpetrated the dependency, neglect or abuse. For good cause, the court may allow
hearsay evidence. The Commonwealth shall bear the burden of proof by a
preponderance of the evidence and if the Commonwealth should fail to establish
same, the child shall be released to or retained in the custody of his parent or other
person exercising custodial control or supervision.
Effective: April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 48, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 69, effective July 1, 1987.
Notes of Decisions
Cited in
22
cases (
6 in the last 5 years), 1988–2026 · leading case:
Baker v. Webb
Baker v. Webb (2004)
ky · cites it 2×
“[17] In my view, Appellants could have sought to intervene in the district court proceedings: (1) prior to the temporary removal hearing (KRS 620.080) in order to assert a claim that they should be given temporary custody of J.”
Morgan v. Bird (2009)
kyctapp
“Having already determined that there is no proof of bad faith by Gladys, we find that Officer Bird properly followed the guidelines outlined in KRS 620.080 for reporting a claim of neglect to CHFS.”
B.C. v. B.T. (2005)
kyctapp · cites it 2×
“15 Once the family court has determined by a preponderance of the evidence 16 that a minor child is dependant due to neglect or abuse, the family court will hold a separate hearing to determine the temporary removal of the child pursuant to KRS 620.080. “The temporary removal…”
Cabinet for Health & Family v. J.M.G. (2015)
ky
“KRS 620.080 requires a temporary removal hearing within seventy-two hours, excluding weekends 'and holidays, of the emergency custody order.”
C.K. v. Cabinet for Health & Family Services (2017)
kyctapp · cites it 2×
“Father filed his petition in response to the district court’s temporary custody order which followed a removal hearing conducted pursuant to KRS 620.080. However, he maintains that in the original action arising from his petition, the circuit court should have applied standards…”
Carrier v. Commonwealth (2004)
ky
“He focuses upon the statutory reporting requirements of KRS 620.080(1) when there is “reasonable cause to believe that a child is [as opposed to was ] dependent, neglected or abused_” The harm at which the statute is directed — prevention of abuse of children in an ongoing…”
C.C. v. Cabinet for Health & Family Services (2011)
ky
“The normal progression of such an action is an ex parte emergency custody order or a dependency, neglect, or abuse petition, followed by a temporary removal hearing, then an adjudication hearing, and then a disposition hearing.”
N.L. v. W.F. (2012)
kyctapp
“Once the family court has determined by a preponderance of the evidence that a minor child is dependant due to neglect or abuse, the family court will hold a separate hearing to determine the temporary removal of the child pursuant to KRS 620.080. “The temporary removal hearing…”
In re J.A. (1998)
alaska
“1-253 (A), (F), as amended by 1998 Ya. Acts ch. 550 (Miehie 1998) (requiring allegations of abuse or neglect at preliminary-protective-order hearing to be proved by preponderance of evidence).”
R.B. v. S.M. (2019)
kyctapp
“Pursuant to KRS 620.080, which provides: (1) Unless waived by the child and his parent or other person exercising custodial control or supervision, a temporary removal hearing shall be held: (a) Within seventy-two (72) hours, excluding weekends and holidays, of the time when an…”
Wolfe v. Wolfe (2013)
kyctapp
“KRS 620.080. The adjudication hearing must occur within 45 days of the child’s removal from the parents, unless the trial court extends that deadline.”
— Ky. Rev. Stat. § 620.080(1) — 3 cases
Carrier v. Commonwealth (2004)
ky
“He focuses upon the statutory reporting requirements of KRS 620.080(1) when there is “reasonable cause to believe that a child is [as opposed to was ] dependent, neglected or abused_” The harm at which the statute is directed — prevention of abuse of children in an ongoing…”
— Ky. Rev. Stat. § 620.080(1)(a) — 2 cases
— Ky. Rev. Stat. § 620.080(1)(b) — 1 case
— Ky. Rev. Stat. § 620.080(2) — 5 cases
B.C. v. B.T. (2005)
kyctapp
“15 Once the family court has determined by a preponderance of the evidence 16 that a minor child is dependant due to neglect or abuse, the family court will hold a separate hearing to determine the temporary removal of the child pursuant to KRS 620.080. “The temporary removal…”
— Ky. Rev. Stat. § 620.080(b)(2) — 2 cases
In re J.A. (1998)
alaska
“1-253 (A), (F), as amended by 1998 Ya. Acts ch. 550 (Miehie 1998) (requiring allegations of abuse or neglect at preliminary-protective-order hearing to be proved by preponderance of evidence).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.