Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026
In one sentenceFCRPP 17 requires the petition, summons and any emergency custody order to be served on the parents or custodians, bars a Cabinet employee from serving them, and sets alternatives where a parent cannot be found.
(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.
End
Amendment History
Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.
HISTORY: Adopted by Order 2020-1, eff. 2-1-20
Plain-English Summary
Service runs to the parents, to anyone exercising custodial control or supervision, to anyone awarded legal custody by a court, and to anyone claiming a right to legal custody under Kentucky law. Any person authorised to serve process may do it — with one exclusion: not an employee of the Cabinet for Health and Family Services. The agency seeking removal does not also serve the papers.
Where a parent's location or identity is unknown, the court directs the method, and the rule offers a ladder: service on the nearest known adult relative, service by mail to the last known address, or another method the court directs, given in a manner reasonably calculated to give actual notice. Warning order service is available if other means are not effective. The petitioner has to identify the nearest known adult relative in the petition, so the first rung is always available.
An emergency custody order does not travel alone. Served with it must be a notice and statement of rights and a blank affidavit of indigency — so a parent learns, at the moment of removal, both what is happening and how to ask for a lawyer.
Frequently Asked Questions
Who can serve a dependency petition in Kentucky?
Any person authorised to serve process, except an employee of the Cabinet for Health and Family Services.
What if a parent cannot be located?
The petition and summons are served as the court directs, which may include service on the nearest known adult relative, service by mail to the last known address, or other service reasonably calculated to give actual notice. Warning order service is available if other means are not effective.
What comes with an emergency custody order?
A notice and statement of rights, and a blank affidavit of indigency — the documents that tell a parent what has happened and how to request counsel.
Source & verification. The rule text and amendment history are reproduced verbatim from the
Kentucky Family Court Rules of Procedure and Practice (Ky. FCRPP FCRPP 17). Promulgated by the Supreme Court of Kentucky. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:service dependencyemergency custody order servicewarning orderaffidavit of indigencyCabinet for Health and Family Services