CPS Defense Attorney in Kentucky

When the Cabinet for Health and Family Services (CHFS) opens an investigation or files a dependency, abuse, or neglect (DNA) petition against you, your parental rights are immediately at risk. These cases move fast, carry serious consequences, and the state has attorneys and social workers working against you from day one. Attorney Ashley Larmour represents parents facing CPS investigations and DNA court proceedings throughout Central Kentucky, providing aggressive defense while helping clients navigate a system designed to work against them.

What Happens When CPS Gets Involved

In Kentucky, Child Protective Services operates through the Department for Community Based Services (DCBS), a division of the Cabinet for Health and Family Services (CHFS). When DCBS receives a report of suspected abuse, neglect, or dependency, it assigns a social worker to investigate. That investigation can include unannounced home visits, interviews with your children at school without your knowledge, and contact with teachers, doctors, neighbors, and family members.

During the investigation, the social worker assesses whether the allegation is substantiated or unsubstantiated. If substantiated, DCBS may offer a prevention plan to keep the family intact, or it may seek court intervention. In cases involving allegations of immediate danger, DCBS can request an emergency custody order (ECO) from a judge, which allows the state to remove your children from your home before you ever see the inside of a courtroom.

Many parents do not realize that anything they say to a DCBS social worker can be used against them in court. You have the right to have an attorney present during interviews, and exercising that right early can make a significant difference in the outcome of your case.

Types of Cases We Handle

As a CPS defense attorney, Ashley Larmour handles the full range of cases that arise when the Cabinet takes action against a family:

• Dependency cases — Where a child lacks adequate care, supervision, or support through no fault of the parent, such as situations involving parental incapacity, incarceration, or homelessness
• Abuse cases — Allegations of physical injury, sexual abuse, or emotional abuse inflicted on a child by a parent, guardian, or household member
• Neglect cases — Allegations that a parent failed to provide necessary food, clothing, shelter, medical care, education, or supervision
• Emergency custody orders (ECOs) — When the state seeks to remove children from the home on an emergency basis before a full hearing
• Temporary removal hearings — Court proceedings that occur within 72 hours of an emergency removal to determine whether removal should continue
• Termination of parental rights (TPR) — The most severe outcome, where the state asks the court to permanently sever a parent’s legal relationship with their child
• CAPTA appeals — Challenging substantiated findings to seek removal from the Kentucky Central Registry

The DNA Court Process in Kentucky

Understanding how dependency, abuse, and neglect cases proceed through Kentucky’s family court system is essential to protecting your rights. The process follows a specific sequence established under KRS Chapter 620:

1. Petition Filing

The case begins when the Cabinet, a county attorney, or sometimes a private party files a DNA petition in family court. The petition describes the allegations against the parent and identifies the children involved. Under KRS 620.070, the petition must contain specific facts supporting the claim of dependency, abuse, or neglect.

2. Emergency Custody and Temporary Removal Hearing

If the child has been removed from the home on an emergency basis, KRS 620.080 requires the court to hold a temporary removal hearing within 72 hours. This hearing determines whether there is sufficient cause to keep the child in state custody while the case proceeds. This is a critical stage—having an attorney present at this hearing can mean the difference between your child being returned home or remaining in foster care for months.

3. Adjudication Hearing

The adjudication hearing is essentially the trial in a DNA case. The Cabinet must prove its allegations by a preponderance of the evidence. Parents have the right to present evidence, cross-examine witnesses, and testify on their own behalf. The court determines whether the child is dependent, abused, or neglected as defined under KRS 600.020.

4. Disposition Hearing

If the court finds that the child is dependent, abused, or neglected at adjudication, the disposition hearing determines what happens next. The court may order the child returned home with protective conditions, continued out-of-home placement, or services such as parenting classes, substance abuse treatment, or counseling. Under KRS 620.140, the court creates a case plan that outlines the steps the parent must complete to regain custody.

5. Permanency Hearing

Under KRS 610.125, the court must hold a permanency hearing within 12 months of the child’s removal from the home. At this hearing, the court evaluates whether the parent has made sufficient progress on the case plan and determines the permanent plan for the child—whether that is reunification with the parent, placement with a relative, or termination of parental rights followed by adoption.

Your Rights During a CPS Investigation

Parents often feel powerless when DCBS shows up at their door, but you have important rights during every stage of a CPS investigation:

• Right to an attorney — You can have a lawyer present during any interview with DCBS investigators. If you cannot afford an attorney in a DNA court case, the court will appoint one for you under KRS 620.100.
• Right to know the allegations — You are entitled to be informed of the specific claims being made against you.
• Right to refuse entry — Unless DCBS has a court order or the child is in immediate danger, you are not legally required to allow a social worker into your home.
• Right to remain silent — You are not required to answer questions from DCBS investigators. Statements you make can and will be used in court proceedings.
• Right to a hearing — If your child is removed, you have the right to a court hearing within 72 hours.
• Right to present evidence — At every stage of the court process, you can present witnesses, documents, and testimony in your defense.
• Right to appeal — You can appeal adverse court rulings and substantiated CAPTA findings through the administrative hearing process.

Why You Need an Attorney Immediately

DNA cases move on an extremely compressed timeline. If your child is removed on an emergency custody order, the temporary removal hearing happens within 72 hours. That means you may have less than three days to find a lawyer, gather evidence, and prepare for court. Waiting even a few days to seek legal help can result in your child remaining in foster care while the case drags on for months.

The Cabinet has county attorneys and social workers building a case against you from the moment a report is filed. Without an attorney, you face the state’s legal team alone—in a system where the rules, procedures, and burden of proof may be unfamiliar to you. An attorney levels the playing field by:

• Protecting you from making harmful statements during DCBS interviews
• Challenging the legal basis for emergency removal at the temporary removal hearing
• Investigating the allegations and identifying weaknesses in the Cabinet’s case
• Presenting evidence of your fitness as a parent
• Negotiating case plan terms that are realistic and achievable
• Holding DCBS accountable for following proper procedures
• Fighting termination of parental rights when reunification is appropriate

How Attorney Ashley Larmour Helps

Attorney Ashley Larmour brings hands-on experience in Kentucky family court to every CPS defense case. Her background includes extensive work in dependency, abuse, and neglect proceedings, as well as experience serving as a Guardian ad Litem (GAL)—the attorney appointed to represent a child’s best interests. That dual perspective gives her unique insight into how judges, social workers, and GALs evaluate these cases, and how to present your case in the most effective way.

Ashley understands what the Cabinet looks for, what judges expect from parents, and what steps you can take right now to strengthen your position. She works with clients on practical steps such as completing recommended services, documenting compliance, and preparing for court appearances—all while aggressively challenging the state’s evidence and protecting your constitutional rights as a parent.

Whether you are facing an initial investigation, a temporary removal hearing, an adjudication, or a termination of parental rights proceeding, Ashley provides the experienced advocacy you need during one of the most difficult situations a parent can face. She also handles Casey’s Law petitions and orders of protection matters that frequently intersect with CPS cases.

Serving 10 Central Kentucky Counties

Larmour Law Offices represents parents in CPS defense and DNA cases throughout Central Kentucky, including:

• Scott County (Georgetown)
• Fayette County (Lexington)
• Woodford County (Versailles)
• Bourbon County (Paris)
• Franklin County (Frankfort)
• Jessamine County (Nicholasville)
• Harrison County (Cynthiana)
• Anderson County (Lawrenceburg)
• Nicholas County (Carlisle)
• Mason County (Maysville)

If DCBS has contacted you or filed a petition in any of these counties, call us immediately. The sooner you have legal representation, the stronger your position will be.

Discounts & Legal Insurance

We offer discounts for military personnel, nurses, teachers, police officers, firefighters, and CDL drivers with proof of employment. We also accept ARAG legal insurance, making quality legal representation accessible and affordable.