Ky. Cir. Ct. Clerks' Manual PROTECTION OF ADULTS

78 PROTECTION OF ADULTS

KRS 209.005 - 209.554

Circuit and District Courts

 Provides for the protection of adults who may be suffering from

abuse, neglect, or exploitation inflicted by a person or caretaker.

 Venue is in the court of the adult's residence, or if filed pursuant to

KRS 209.130 (ex parte), the court of the county in which the adult is

physically located. KRS 209.110(1).

There is no filing fee.

78.1 Petition

1. Upon receipt of a petition for protection of an adult, apply the FILED

stamp to the petition; add the date and your initials. For instructions on

opening the case, see the Case Add section of the KyCourts Manual.

2. Generate the next case number for circuit civil CI cases or use the next

pre-numbered file folder. Use case type OTH.

3. Immediately upon the filing of the petition, consult your roster of

attorneys and appoint a guardian ad litem to represent the interest of

the adult unless your judge wishes to make the appointment. The fee

for the GAL is to be paid by the Cabinet for Health and Family Services.

KRS 209.110(2)-(6).

4. Schedule a hearing by completing a scheduled events screen. Use

scheduled events type OTH. The hearing may be heard by a district,

family, or other circuit judge if the circuit judge who the case would

otherwise be assigned to is not present in the county. Note the date,

time and location of the hearing on the petition.

5. Prepare a summons to be issued on the adult and his/her guardian or

caretaker. If no guardian or caretaker, serve the adult's guardian ad

litem. Attach a copy of the petition to the summons, showing the date,

time and location. KRS 209.110(3).

6. Any notice must be made at least 3 calendar days prior to the hearing

and shall be sent to the adult's spouse, or, if none, the adult children or

next of kin, if practical, by mailing a copy of the petition showing the

date, time and location. KRS 209.110(3).

Quick Reference

File, date, initial

Circuit Civil CI Case

Case type OTH

Appoint Guardian

Ad Litem

Schedule hearing

Event type OTH

Prepare summons

Mail copy of

petition and notice

of hearing

PROTECTION OF ADULTS

78.2 Order

1. Upon receipt of a signed order, apply the ENTERED stamp; add the date Quick Reference

and your initials. Enter, date, initial

2. Enter the order on the document screen. Use document type OEXP.

Document type

3. Serve notice of entry on every party who is not in default or who has not

OEXP

filed a written waiver of notice. Make an entry on the document screen

showing the manner (mail or personal delivery) and date of service of Serve notice of

notice of entry of order. See Notice of Entry. entry

4. When the order closes the case, complete the disposition date,

disposition type OTH and judge at disposition fields on the case screen.

Disposition type

OTH

78.3 Ex Parte Order

If no petition is filed and the court issues an ex parte order:

1. Apply the ENTERED stamp to the order; add the date and your initials. Enter, date, initial

The order is the initiating document. For instructions on opening the

case, see the Case Add section of the KyCourts Manual.

CI- Circuit Civil

2. Generate the next case number for circuit civil CI cases or district C C- District

cases or use the next pre-numbered file folder. Use case type OTH. Case type OTH

3. A hearing must be scheduled within 72 hours of the issuance of the

Schedule hearing

order (exclusive of Sat. & Sun.). KRS 209.130(3). Have the judge assign a

Assign hearing date

hearing date unless this duty is delegated to you. Complete a schedule

Event type OH

events screen for the appropriate date and time. Use scheduled event

type OH.

Document type

4. Add the Order as a document, using document type OEXP and give

OEXP

notice of entry of the ex parte order and hearing date to the adult

and/or his/her guardian or caretaker.

NOTE: Service shall not be made upon the person or caretaker who is

believed to have perpetrated the abuse, neglect, or exploitation. KRS

209.130(1).

5. After the hearing and upon receipt of a signed order, add the order as Notice of entry

document and give notice of entry of order to the adult or his/her

guardian or caretaker.

6. When the order closes the case, complete the disposition date, Disposition type

disposition type OTH and judge at disposition fields on the case screen. OTH