This section lets the board start commitment proceedings for a child covered by KRS 201.090, requires court service and hearing notice, gives the custodian a right to be heard, and allows appeal.
201.100 Procedure for commitment -- Appeals. (1) When a child comes under any of the provisions of KRS 201.090, the board may file a petition in the juvenile session of the District Court setting forth the facts in regard to the child. The court shall thereupon issue a writ for the custody of the child, and the writ shall be served upon the parents or the person having actual custody or control of the child, or if the child is under no actual parental custody or control, then upon the child itself. If the writ is served upon the child, the board shall place the child in the temporary custody of the home, or of some private person or public agency until the final order of the court. Notice of the time of the hearing shall be served on the parents or the person having actual custody or control of the child, and such person shall have the right to call witnesses and be heard as to his rights, fitness and ability to care for and educate the child. (2) If the facts set forth in the petition are found to be true and any of the conditions set forth in KRS 201.090 exist, the court shall order that the child be committed to the custody of the board. If the parents are able to maintain and support the child, the court shall require them to pay board, and may enforce such payment by attachment or other proceedings as in cases of contempt. (3) An appeal may be taken from any orders, judgments or commitments made under the provisions of this section according to the procedures established in KRS 610.130 for appeals from the juvenile session of District Court. Effective: July 1, 1987 History: Amended 1986 Ky. Acts ch. 423, sec. 190, effective July 1, 1987. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 180, effective January 2, 1978. -- Amended 1964 Ky. Acts ch. 173, sec. 7, effective June 18, 1964. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938b-9. Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 148, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.