{"data":{"id":"us-ky/krs-209.110","jurisdiction":"us-ky","citation":"KRS 209.110","heading":"Petition -- Guardian ad litem -- Summons -- Notice -- Hearing -- Report to","body":"court -- Fee.\n(1) A petition by the cabinet for emergency protective services shall be verified by an\nauthorized representative of the cabinet and shall set forth the name, age , and\naddress of the adult in need of protective services; the nature of the disability of the\nadult, if determinable; the proposed protective services; the petitioner's reasonable\nbelief, together with the facts supportive thereof, as to the existence of the facts, and\nthe facts showing the petitioner's attempts to obtain the adult's consent to the\nservices and the outcomes of such attempts. The petition and all subsequent court\ndocuments shall be entitled: \"In the interest of ----- , an adult in need of pr otective\nservices.\" The petition shall be filed in the court of the adult's residence, or if filed\npursuant to KRS 209.130, the court of the county in which the adult is physically\nlocated.\n(2) When a petition for emergency protective services is filed, th e court or the clerk\nshall immediately appoint a guardian ad litem to represent the interest of the adult.\nThe duties of a guardian ad litem representing an adult for whom a petition for\nemergency protective services has been filed shall include personally  interviewing\nthe adult, counseling with the adult with respect to this chapter, informing him of\nhis rights and providing competent representation at all proceedings, and such other\nduties as the court may order.\n(3) Following the filing of a petition, a summons shall be issued and served with a copy\nof the petition, and notice of the time, date and location of the hearing to be held on\nthe petition. Service shall be made upon the adult and his guardian or, if none, his\ncaretaker. Should the adult have no guardian or caretaker, service shall be made\nupon the adult's guardian ad litem. Notice of the hearing shall be given to the adult's\nspouse, or, if none, to his adult children or next of kin, unless the court is satisfied\nthat notification would be impract ical. Service shall not be made upon any person\nwho is believed to have perpetrated the abuse, neglect, or exploitation. Service of\nthe petition shall be made at least three (3) calendar days prior to the hearing for\nemergency protective services.\n(4) The hearing on the petition for an emergency order for protective services shall be\nheard under the following conditions:\n(a) The hearing on the petition, in the interests of expedition, may be held in any\ncounty within the judicial district or circuit served by the court. The court\nshall give priority to the holdings of the hearings pursuant to petitions filed\nunder this chapter;\n(b) The adult or his representative may present evidence and cross -examine\nwitnesses; and\n(c) The adult or his representative may pe tition the court to have any order which\nis entered pursuant to this chapter, set aside or modified for good cause.\n(5) Where protective services are rendered on the basis of an order pursuant to this\nsection, the cabinet shall submit a report to the court  describing the circumstances\nincluding the name, place, date, and nature of the services. Such report shall be\nmade at least once or on a monthly basis if protective services are provided the adult\nfor a period of longer than one (1) month.\n(6) The fee of  the guardian ad litem shall be paid by the cabinet not to exceed three\nhundred dollars ($300). This fee is not to be paid to attorneys employed by\ngovernment funded legal services programs.","path":["KRS Chapter 209"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8191","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:09Z","sha256":"ecacbe65445c922192b959abb093ba72c852af9a22c2c362f1eb67906632e9ab","source_id":"us-ky","stale":false,"prev":"us-ky/krs-209.100","next":"us-ky/krs-209.115"},"notice":"GroundRules: Original legal text. Not legal advice."}