Independent public-policy researchKentucky
The Kentucky Center
for Judicial Transparency

Foundational policy brief / 01

Evaluating procedural timelines
in Kentucky child welfare.

A source-based framework for research in Rowan, Montgomery, Menifee, and Bath counties.

Executive overview

Measure the requirement.
Preserve the context.

Procedural research begins by connecting a specific legal requirement to a documented event. A useful review identifies the responsible actor, triggering event, applicable rule, and records needed to assess what occurred.

This brief sets out a research framework for the Kentucky Center for Judicial Transparency’s initial geographic focus, the 21st Judicial Circuit. It does not present an empirical audit of local courts or DCBS offices, establish a local noncompliance rate, or determine that a violation occurred in an individual case.

Method and source limits

The official sources linked below were reviewed on November 2, 2026. No local case sample was analyzed for this brief. Apply the version of the law in force on the event date; a current rule alone cannot establish a historical violation.

01 / Temporary removal hearings

Identify the trigger
before counting time.

KRS 620.080(1) provides a 72-hour hearing period, excluding weekends and holidays, following issuance of an emergency custody order or nonconsensual custody. It also addresses waiver by the child and parent or other person exercising custodial control or supervision, and provides a ten-day period for cases commenced by petition. Read KRS 620.080 ↗

Research should preserve the order or custody timestamp, petition date, hearing record, calendar, and any waiver or continuance. A later entry in a docket does not by itself establish when a hearing occurred. The effect of a parent-requested continuance also requires attention to the separate provisions of KRS 620.090(3).

02 / Case planning

Use the rule for
the actual case setting.

KRS 620.180(2)(a)1 describes a case conference within ten calendar days of the temporary removal hearing for children placed with the cabinet, for establishing a treatment plan. It also addresses participation, notice, and subsequent conferences and reviews. Read KRS 620.180 ↗

922 KAR 1:140 addresses permanency services and case permanency planning, while 922 KAR 1:430 addresses in-home case planning and service delivery. The custody status and type of services matter when selecting the governing provision.

922 KAR 1:300 concerns standards for child-caring facilities. Its citation should not be used as a general rule requiring a DCBS family case plan within 30 days of any agency involvement. Check the scope of 922 KAR 1:300 ↗

A research record should identify the hearing date, applicable conference requirement, notice, attendance, the plan’s dated versions, and documented service referrals. A missing copy in one person’s file is a reason to seek the record, not sufficient proof that no conference or plan existed.

03 / Placement review

Evaluate the reasons
and available alternatives.

KRS 620.090(1)–(2) addresses relative preference, the reasons stated in a temporary-removal order, consideration of less restrictive alternatives, and the cabinet’s use of the least restrictive appropriate placement available. The relative preference is qualified by availability and qualification. Subsection (3) separately addresses dissolution of an emergency order and parent-requested continuances. Read KRS 620.090 ↗

Review the actual order, placement assessments, available alternatives, and reasons recorded at the relevant time. Do not treat relatives and fictive kin as interchangeable or infer a statutory violation solely from an incomplete research file.

04 / Proposed research measures

A consistent record
before a systemic conclusion.

A future KCJT audit should define eligibility, sampling, and evidence standards before calculating a rate. These proposed measures are a collection framework, not findings.

Research fieldEvidence to retainInterpretation limit
Hearing intervalTrigger and hearing timestamps, calendar, ordersCheck the applicable trigger, waiver, and procedural history.
Case conferenceHearing date, notice, participation, plan versionsDistinguish cabinet custody and in-home services.
Placement rationaleOrder, assessments, availability, stated reasonsIncomplete documentation does not alone establish a violation.
Outcome comparisonDefined population, eligible cases, missing dataNo rate without a denominator; no causal claim from timing alone.

Reports should disclose relevant personal involvement, contrary evidence, excluded cases, and verification gaps. A suspected departure should remain provisional until the governing requirement and material facts are established.

Primary sources

Verify the provision.

Research note

This brief supports independent policy analysis, systemic tracking, and data auditing. It does not provide formal legal representation or replace advice from a licensed attorney.

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