(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.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.