C6.34 Return of a Committed Child to Care

Legal Authority

The return of a child committed to the Cabinet for Health and Family Services (Cabinet/CHFS) does not include a child who is home for a visit as specified in the visitation contract and then returns to his placement; however, a visit home that is not in the visitation contract is considered a return home by the federal Adoption and Safe Families Act (ASFA), Pub. L. 105-89; and the SSW updates the visitation contract and mails copies of the revised contract to all parties, including the court, when a previously unscheduled visit is to occur.₁

The SSW:

Follows the specific procedures pursuant to KRS 605.090 when removing a child that has been placed with the parents on supervised placement, while committed to the Cabinet if:

The SSW believes that the committed child continues to be dependent, neglected, or abused, but immediate removal is unnecessary to protect the child from imminent death or serious physical injury. The casework situation and evidence are reviewed with the FSOS to determine whether to continue work with the family intact or to remove the child;
It appears that the child's health or welfare or physical, mental, or emotional condition is subjected to or threatened with real and substantial harm, and there is no reasonably available alternative less drastic than removal of the child from the home;
Finds a committed, unattended child who is too young to take care of themselves; and
There exist reasonable grounds to believe that the child is in danger of imminent death or serious physical injury or is being sexually abused and that the parents are unable or unwilling to protect the child;

Makes every effort to ensure that the court makes a determination as to whether continuance in the home is contrary to the welfare of the child to include assistance of the county attorney to ensure the correct wording on the removal order.₂

The revised visitation contract submitted to the court does not require the parent’s signature.
If the determination is not made, the Cabinet does not receive Title IV-E funding for this child.