AN ACT relating to grandparent visitation.

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AN ACT relating to grandparent visitation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 405.021 is amended to read as follows: 3
(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal 4
or maternal grandparents of a child and issue any necessary orders to enforce 5
the decree if: 6
1. The court finds by clear and convincing evidence that: 7
a. There are compelling factors to overcome the presumption that a 8
fit parent acts in the best interests of the child; and 9
b. Visitation with the grandparent [ it Determines that it] is in the 10
best interests[interest] of the child; or[ to do so] 11
2. Someone other than a parent is the grandchild's custodian and the 12
court finds by a preponderance of the evidence that visitation with the 13
grandparent is in the best interests of the child. 14
(b) Once a grandparent has been granted visitation rights under this subsection, 15
those rights shall not be adversely affected by the termination of parental 16
rights belonging to the grandparent's son or daughter, who is the father or 17
mother of the child vis ited by the grandparent, unless the Circuit Court 18
determines that it is in the best interests[interest] of the child to do so. 19
(2) In determining whether grandparent visitation is in the best interests of the child, 20
the court may consider the: 21
(a) Nature a nd stability of the relationship between the child and the 22
grandparent seeking visitation, including the petitioner's capacity to give 23
the child love, affection, emotional support, and guidance; 24
(b) Amount of time the grandparent and child spent together; 25
(c) Potential detriments and benefits to the child from granting visitation, 26
including whether the loss of the relationship between the petitioner and 27
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child is likely to harm the child or cause emotional distress to the child; 1
(d) Effect granting visitatio n would have on the child's relationship with the 2
parents or custodian; 3
(e) Physical and emotional health of all the adults involved, custodian, parents, 4
and grandparents alike; 5
(f) Stability of the child's living and schooling arrangements; 6
(g) Wishes and preferences of the child; 7
(h) Motivation of the adults participating in the grandparent visitation 8
proceedings; and 9
(i) Special circumstance when the parent of the child who is the son or 10
daughter of the grandparent is deceased or the marriage of the par ent has 11
been dissolved[ 12
(b) If the parent of the child who is the son or daughter of the grandparent is 13
deceased, there shall be a rebuttable presumption that visitation with the 14
grandparent is in the best interest of the child if the grandparent can 15
prove a pre-existing significant and viable relationship with the child. 16
(c) In order to prove a significant and viable relationship under paragraph 17
(b) of this subsection, the grandparent shall prove by a preponderance of 18
the evidence that: 19
1. The child reside d with the grandparent for at least six (6) consecutive 20
months with or without the current custodian present; 21
2. The grandparent was the caregiver of the child on a regular basis for at 22
least six (6) consecutive months; 23
3. The grandparent had frequent or regular contact with the child for at 24
least twelve (12) consecutive months; or 25
4. There exist any other facts that establish that the loss of the relationship 26
between the grandparent and the child is likely to harm the child]. 27
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(3)[(2)] The action under this section shall be brought in the Circuit Court of[in] the 1
county in which the child resides. 2
(4)[(3)] The Circuit Court may grant noncustodial parental visitation rights to the 3
grandparent of a child if the parent of the child who is the son or daughter o f the 4
grandparent is deceased and the grandparent has assumed the financial obligation of 5
child support owed by the deceased parent, unless the court determines that the 6
visitation is not in the best interests[interest] of the child under subsections (1) and 7
(2) of this section . If visitation is not granted, the grandparent shall not be 8
responsible for child support. 9
Section 2. KRS 620.090 is amended to read as follows: 10
(1) If, after completion of the temporary removal he aring, the court finds there are 11
reasonable grounds to believe the child is dependent, neglected or abused, the court 12
shall: 13
(a) Issue an order for temporary removal and shall grant temporary custody to the 14
cabinet or other appropriate person or agency. Pr eference shall be given to 15
available and qualified relatives of the child considering the wishes of the 16
parent or other person exercising custodial control or supervision, if known. 17
The order shall state the specific reasons for removal and show that alternative 18
less restrictive placements and services have been considered. The court may 19
recommend a placement for the child; 20
(b) Inquire as to an existing child support order; and 21
(c) If there is no existing order, or if the order is to be amended, the court shall: 22
1. Make specific findings, either written or on the record, as to: 23
a. The child support obligation in the best interest of the child; 24
b. The action to be taken by the payee, payor, or any other party by 25
making an application for services to the child support office who 26
shall take all appropriate action; or 27
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c. Setting a hearing as soon as practicable; and 1
2. Require proper service before establishing a new child support order. 2
(2) In placing a child under an order of temporary custody, the cabinet or its designee 3
shall use the least restrictive appropriate placement available. Preference shall be 4
given to available and qualified relatives of the child considering the wishes of t he 5
parent or other person exercising custodial control or supervision, if known. The 6
child may also be placed in a facility or program operated or approved by the 7
cabinet, including a foster home, or any other appropriate available placement. 8
However, unde r no circumstance shall the child be placed in a home, facility, or 9
other shelter with a child who has been committed to the Department of Juvenile 10
Justice for commission of a sex crime as that term is defined in KRS 17.500, unless 11
the child committed for the commission of a sex crime is kept segregated from 12
other children in the home, facility, or other shelter that have not been committed 13
for the commission of a sex crime. 14
(3) If the court finds there are not reasonable grounds to believe the child is dep endent, 15
neglected or abused, or if no action is taken within seventy -two (72) hours, the 16
emergency custody order shall be dissolved automatically and the cabinet or its 17
designee shall return the child to the parent or other person exercising custodial 18
control or supervision. A request for a continuance of the hearing by the parent or 19
other person exercising custodial control or supervision shall constitute action 20
precluding automatic dissolution of the emergency custody order. 21
(4) When the court issues a te mporary order for the custody of a child, the court may 22
order that, within two (2) weeks, arrangements be made for the child to receive a 23
thorough medical, visual, and dental examination by a professional authorized by 24
the Kentucky Revised Statutes to cond uct such examinations. The costs of the 25
examination shall be paid by the cabinet. 26
(5) The child shall remain in temporary custody with the cabinet for a period of time 27
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not to exceed forty-five (45) days from the date of the removal from his home. The 1
court shall conduct the adjudicatory hearing and shall make a final disposition 2
within forty-five (45) days of the removal of the child. The court may extend such 3
time after making written findings establishing the need for the extension and after 4
finding that the extension is in the child's best interest. 5
(6) If custody is granted to a grandparent of the child pursuant to this section, the court 6
shall consider granting reasonable visitation rights to any other grandparent of the 7
child if the court determines visitation with the grandparent is in the best interests 8
of[has a significant and viable relationship with] the child as established in KRS 9
405.021[(1)(c)]. 10