KRS 620.080: Temporary removal hearing.

(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 orde r 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 te mporary 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 su pervision 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 Co mmonwealth 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.