Ky.gov
Effective: 2/22/2019

C6.29 Process for Court Case Reviews

Legal Authority

Introduction

​​​​​

Practice Guidance

​Judges may choose to review the Cabinet for Health and Family Services' (CHFS/Cabinet) case review court report without holding a hearing every three (3) months.  The Cabinet is required to submit this case review court report every three (3) cumulative months as described in the procedure above, regardless of whether a hearing is scheduled. ​

Procedure

​A case review is held no later than six (6) cumulative months after the date the child is committed and every three (3) cumulative months thereafter, as long as the Cabinet retains custody of the child,
 
The SSW:
 
  1. Completes and submits the AOC DNA 13​ prior to each hearing so that the court clerk can provide notice of the hearing and the right of applicable persons of their right to be heard; 
  2. Or designated regional staff notifies and invites the following individuals if the court schedules a hearing:
    3.  
    1. Child's mother;
    2. Child's father;
    3. Relative caregiver; and 
    4. Child's foster/pre-adoptive parent(s)or private child care provider. 1
     
  3. Documents the notification of the invitation to the scheduled court hearing in the case record;
  4. Provides a written report to the court, which includes the information, required pursuant to KRS 620.180;
  5. Provides the following information to the court:
    6.  
    1. Recommendation regarding the child's best interest in regard to permanency including:
      1. Reunification;
      2. Termination of parental rights;
      3. Permanent Relative Custody; or
      4. Planned Permanent Living Arrangement (PPLA).
     
  6. Maintains a copy of the court review and any orders in the case file;
  7. Files a subsequent report, every three (3) cumulative months after the initial six (6) month review;
  8. Documents the review and any other court orders in TWIST, noting the court's agreement with or deviation from the review report.  


​Footnotes 

​
  1. If deemed appropriate by the court, the above concerned parties may be asked to present any evidence relevant to the determination of a permanency goal for the child.  Concerned parties should be prepared to provide factual information if requested. 


Documents

Revisions

​Additions: 

 1. Completes and submits the AOC-DNA 13 prior to each hearing so that the court clerk can provide notice of the hearing and the right of applicable persons of their right to be heard;