(1) A copy of the petition and summons, and an emergency custody order, if any, shall be served upon parents or persons exercising custodial control or supervision or who have been awarded legal custody by a court or claims a right to legal custody under the law of this state. It may be served by any person authorized to serve process except an employee of the Cabinet for Health and Family Services.(2) If the location or identity of a parent or person exercising custodial control is unknown, the petition and summons shall be served as directed by the court, which may include service on the nearest known adult relative, service by mail to the last known address, or other service directed by the court and given in a manner reasonably calculated to give actual notice. Service may be by warning order if other means are not effective. The petitioner shall identify the nearest known adult relative in the petition.(3) A notice and statement of the rights and a blank affidavit of indigency, which contain the contents of the official AOC forms, AOC-DNA-2.2 (Notice of Emergency Removal), and AOC-DNA-11 (Financial Statement, Affidavit of Indigence, Request for Counsel and Order) shall be served with the emergency custody order. The official AOC forms are available for use in compliance with this rule.Ky. Fam. Ct. R. P. & Prac. FCRPP 17
Amended by order 2017-14, eff. 1/1/2018; amended by order 2020-01 eff. 2/1/2020.SUPREME COURT STANDING COMMITTEE ON THE FCRPP (2012) COMMENTARY
If a permanent custody motion is filed within a Dependency, Neglect and Abuse (DNA) action pursuant to KRS 620.027, the movant shall ensure that personal service of the permanent custody motion has been perfected upon both parents and any other legal custodian, except as otherwise directed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Personal service shall be perfected in accordance with the Kentucky Rules of Civil Procedure, CR 4, et. seq. If said service has not been properly perfected in the DNA action, the court should deny the motion and require the movant to file a proper petition for child custody pursuant to KRS Chapter 403.