{"data":{"id":"us-ky/krs-620.100","jurisdiction":"us-ky","citation":"KRS 620.100","heading":"Appointment of separate counsel -- Court-appointed special advocate","body":"volunteer -- Full adjudicatory hearing -- Notice of proceedings -- Separate\ncounsel to advise cabinet employee.\n(1) If the court determines, as a result of a temporary remo val hearing, that further\nproceedings are required, the court shall advise the child and his parent or other\nperson exercising custodial control or supervision of their right to appointment of\nseparate counsel:\n(a) The court shall appoint counsel for the c hild to be paid for by the Finance and\nAdministration Cabinet. Counsel shall document participation in training on\nthe role of counsel that includes training in early childhood, child, and\nadolescent development. The clerk of the court shall arrange for se rvice on all\nparties, including the local representative of the Cabinet for Health and Family\nServices, of the order appointing counsel. The fee to be fixed by the court\nshall not exceed five hundred dollars ($500); however, if the action has final\ndisposition in the District Court, the fee shall not exceed two hundred fifty\ndollars ($250);\n(b) The court shall appoint separate counsel for the parent who exercises custodial\ncontrol or supervision if the parent is unable to afford counsel pursuant to\nKRS Chapter 31. The clerk of the court shall arrange for service on all parties,\nincluding the local representative of the Cabinet for Health and Family\nServices, of the order appointing counsel. The parent's counsel shall be\nprovided or paid for by the Finance and Administration Cabinet. The fee to be\nfixed by the court shall not exceed five hundred dollars ($500); however, if\nthe action has final disposition in the District Court, the fee shall not exceed\ntwo hundred fifty dollars ($250);\n(c) The court shall appoint separate counsel for a person claiming to be a de facto\ncustodian, as defined in KRS 403.270, if the person is unable to afford\ncounsel pursuant to KRS Chapter 31. The clerk of the court shall arrange for\nservice on all parties, including the local rep resentative of the Cabinet for\nHealth and Family Services, of the order appointing counsel. The person's\ncounsel shall be provided or paid for by the Finance and Administration\nCabinet. The fee to be fixed by the court shall not exceed five hundred dollars\n($500); however, if the action has final disposition in the District Court, the\nfee shall not exceed two hundred fifty dollars ($250);\n(d) The court may, in the interest of justice, appoint separate counsel for a\nnonparent who exercises custodial control or supervision of the child, if the\nperson is unable to afford counsel, pursuant to KRS Chapter 31. The clerk of\nthe court shall arrange for service on all parties, including the local\nrepresentative of the Cabinet for Health and Family Services, of the or der\nappointing counsel. Counsel for the person shall be provided or paid for by the\nFinance and Administration Cabinet. The fee to be fixed by the court shall not\nexceed five hundred dollars ($500); however, if the action has final\ndisposition in the Distr ict Court, the fee shall not exceed two hundred fifty\ndollars ($250); and\n(e) The court may, in the interest of justice, appoint a court -appointed special\nadvocate volunteer to represent the best interests of the child pursuant to KRS\n620.500 to 620.550. T he clerk of the court shall arrange for service on all\nparties, including the local representative of the cabinet, of the order\nappointing the court-appointed special advocate volunteer.\n(2) If the court determines that further proceedings are required, th e court also shall\nadvise the child and his parent or other person exercising custodial control or\nsupervision that they have a right to not incriminate themselves, and a right to a full\nadjudicatory hearing at which they may confront and cross -examine all  adverse\nwitnesses, present evidence on their own behalf and to an appeal.\n(3) The adjudication shall determine the truth or falsity of the allegations in the\ncomplaint. The burden of proof shall be upon the complainant, and a determination\nof dependency, neglect, and abuse shall be made by a preponderance of the\nevidence. The Kentucky Rules of Civil Procedure shall apply.\n(4) The disposition shall determine the action to be taken by the court on behalf of the\nchild and his parent or other person exercising custodial control or supervision.\n(5) Foster parents, preadoptive parents, or relatives providing care for the child shall\nreceive notice of, and shall have a right to be heard in, any proceeding held with\nrespect to the child. This subsection shall not b e construed to require that a foster\nparent, preadoptive parent, or relative caring for the child be made a party to a\nproceeding solely on the basis of the notice and right to be heard.\n(6) If the court determines that further proceedings are required, th e court shall, in the\ninterest of justice, have the ability to request that separate counsel is available to\nadvise a cabinet employee in court anytime that the cabinet employee is required to\nbe in court.","path":["KRS Chapter 620"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51431","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:08Z","sha256":"bc5b97360377a010d1323121f577017e0796dc9803b8ecd87b805d97d97d5544","source_id":"us-ky","stale":false,"prev":"us-ky/krs-620.095","next":"us-ky/krs-620.110"},"notice":"GroundRules: Original legal text. Not legal advice."}