KRS 620.100: Appointment of separate counsel -- Court-appointed special advocate

volunteer -- Full adjudicatory hearing -- Notice of proceedings -- Separate

counsel to advise cabinet employee.

(1) If the court determines, as a result of a temporary remo val hearing, that further

proceedings are required, the court shall advise the child and his parent or other

person exercising custodial control or supervision of their right to appointment of

separate counsel:

(a) The court shall appoint counsel for the c hild to be paid for by the Finance and

Administration Cabinet. Counsel shall document participation in training on

the role of counsel that includes training in early childhood, child, and

adolescent development. The clerk of the court shall arrange for se rvice on all

parties, including the local representative of the Cabinet for Health and Family

Services, of the order appointing counsel. The fee to be fixed by the court

shall not exceed five hundred dollars ($500); however, if the action has final

disposition in the District Court, the fee shall not exceed two hundred fifty

dollars ($250);

(b) The court shall appoint separate counsel for the parent who exercises custodial

control or supervision if the parent is unable to afford counsel pursuant to

KRS Chapter 31. The clerk of the court shall arrange for service on all parties,

including the local representative of the Cabinet for Health and Family

Services, of the order appointing counsel. The parent's counsel shall be

provided or paid for by the Finance and Administration Cabinet. The fee to be

fixed by the court shall not exceed five hundred dollars ($500); however, if

the action has final disposition in the District Court, the fee shall not exceed

two hundred fifty dollars ($250);

(c) The court shall appoint separate counsel for a person claiming to be a de facto

custodian, as defined in KRS 403.270, if the person is unable to afford

counsel pursuant to KRS Chapter 31. The clerk of the court shall arrange for

service on all parties, including the local rep resentative of the Cabinet for

Health and Family Services, of the order appointing counsel. The person's

counsel shall be provided or paid for by the Finance and Administration

Cabinet. The fee to be fixed by the court shall not exceed five hundred dollars

($500); however, if the action has final disposition in the District Court, the

fee shall not exceed two hundred fifty dollars ($250);

(d) The court may, in the interest of justice, appoint separate counsel for a

nonparent who exercises custodial control or supervision of the child, if the

person is unable to afford counsel, pursuant to KRS Chapter 31. The clerk of

the court shall arrange for service on all parties, including the local

representative of the Cabinet for Health and Family Services, of the or der

appointing counsel. Counsel for the person shall be provided or paid for by the

Finance and Administration Cabinet. The fee to be fixed by the court shall not

exceed five hundred dollars ($500); however, if the action has final

disposition in the Distr ict Court, the fee shall not exceed two hundred fifty

dollars ($250); and

(e) The court may, in the interest of justice, appoint a court -appointed special

advocate volunteer to represent the best interests of the child pursuant to KRS

620.500 to 620.550. T he clerk of the court shall arrange for service on all

parties, including the local representative of the cabinet, of the order

appointing the court-appointed special advocate volunteer.

(2) If the court determines that further proceedings are required, th e court also shall

advise the child and his parent or other person exercising custodial control or

supervision that they have a right to not incriminate themselves, and a right to a full

adjudicatory hearing at which they may confront and cross -examine all adverse

witnesses, present evidence on their own behalf and to an appeal.

(3) The adjudication shall determine the truth or falsity of the allegations in the

complaint. The burden of proof shall be upon the complainant, and a determination

of dependency, neglect, and abuse shall be made by a preponderance of the

evidence. The Kentucky Rules of Civil Procedure shall apply.

(4) The disposition shall determine the action to be taken by the court on behalf of the

child and his parent or other person exercising custodial control or supervision.

(5) Foster parents, preadoptive parents, or relatives providing care for the child shall

receive notice of, and shall have a right to be heard in, any proceeding held with

respect to the child. This subsection shall not b e construed to require that a foster

parent, preadoptive parent, or relative caring for the child be made a party to a

proceeding solely on the basis of the notice and right to be heard.

(6) If the court determines that further proceedings are required, th e court shall, in the

interest of justice, have the ability to request that separate counsel is available to

advise a cabinet employee in court anytime that the cabinet employee is required to

be in court.