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Chapter 3
CHAPTER 3
3.11 WORKING WITH INCARCERATED PARENTS
Chapter 4
CHAPTER 4
4.37 WORKING WITH INCARCERATED PARENTS
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CPS Court Administrative SOP
11.1 Preparation for Court
11.2 Subpoenas and Confidentiality
11.3 Attorney-Client Privileged Information
11.4 Regional Attorney and Office of Legal Services
11.5 Appointment of Guardian Ad Litem
11.6 Overview of Notifications to the Court
11.7 Motion to Redocket
11.8 Judicial Determination of Reasonable Efforts and Aggravated Circumstances
11.9 Educational Assessment of a Child in Placement
11.10 Wardship Cases
How a Case Moves through Court
11.13 How to File a Petition
11.14 When to File a Petition
11.15 Temporary Removal Hearing
11.16 Temporary Custody
11.17 Expiration of Temporary Custody Order to the Cabinet
11.18 Voluntary Commitment
11.19 Release from Voluntary Commitment
11.20 Emergency Custody Order (ECO)
11.22 Non-Custodial Parent and Financial Support
11.23 Procedures When the Court Orders Specific Placement
11.24 Completing and Filing Subpoenas
11.25 Adjudication Hearing
11.26 Admissions and Agreements
11.27 Court Reports
11.28 Dispositional Hearing
11.29 Dispositional Alternatives
11.30 Permanency Hearings
11.31 Determining Who has Legal Right to the Child
11.32 Process for Court Case Reviews
Termination of Parental Rights Process
11.35 Voluntary Termination of Parental Rights (TPR)
11.35.2 Voluntary TPR Hearing and Order of Judgment
11.36 Involuntary Termination of Parental Rights (TPR)
11.36.1 Pre-Permanency Planning Conference, DSS 161 Packet Completion, and Filing of Termination of Parental Rights (TPR) Petition
11.36.3 Attorneys Involved in the TPR Action
11.36.5 Witness Conference and TPR Subpoenas
11.36.6 Involuntary Termination of Parental RIghts (TPR) Hearing and Order of Judgment
11.37 Appearance Waiver and Consent to Adopt
11.38 Services to the Family During an Appeal
Child Custody and Commitment
11.42 Return of a Committed Child to Care
11.43 Release or Extension/Reinstatement of Commitment for Youth
11.43.1 Release of Commitment of a Child Committed as Dependent, Neglected or Abused
11.43.2 Release of Commitment of Status Offenders
11.43.3 Discharge Involving Interstate Compact
11.43.4 Disabled Youth
11.44 Court Ordered or Requested Child Custody Investigations
Standards of Practice Manual
11
11.2 Subpoenas and Confidentiality
Effective: 4/7/2014
11.2 Subpoenas and Confidentiality
Legal Authority
KRS 620.050 Immunity for good faith actions or reports-Investigations–Confidentiality of reports-Exceptions-Parent's access to records-Sharing of information by children's advocacy centers-Confidentiality of interview with child-Exceptions
...
Introduction
Introduction
Practice Guidance
Practice Guidance
Procedure
Procedure
If subpoenaed, the SSW:
Appears at the designated time in court with any appropriate documentation;
Consults with the Office of Legal Services (OLS) prior to the time for appearance; and
Observes the recommendation of OLS, which may include filing a motion to quash where appropriate.
If the party who subpoenaed the records does not meet one of the exceptions of KRS 620.050, the SSW:
Advises the court that the records cannot be provided to the requesting party without a court order;
Takes precautions that referral sources are not disclosed if the court issues an order authorizing disclosure of the case record as outlined in SOP 30.10 CPS Open Records Request and Disclosure of Information;
Takes precautions that all attorney-client privileged communications with OLS are not disclosed as outlined in SOP 11.3 Attorney-Client Privileged Information, if the court issues an order authorizing disclosure of the case record; and
Discloses a referral source when the court has privately reviewed the case record and determined that the referral was fraudulently made and thus orders the disclosure.
The SSW:
Brings a summation or notes to court, which address services provided and recent events that have occurred in the case; and
Asks the court for a brief recess to consult with OLS when questions regarding disclosure of information arise, even if court ordered to do so;
Follows the procedures as outlined in SOP 11.3 Attorney-Client Privileged Information when dealing with privileged information, as all communications between the SSW and OLS are confidential.
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