11.26 Admissions and Agreements

Legal Authority

Many petitions do not go to an adjudication hearing when the petition is uncontested by an:

Admission by the parents or their attorney; or
Agreement or stipulation among the parties, which takes the place of an adjudication hearing.

Admission or stipulation may take place at any time during the court proceedings up until the adjudication hearing.
When petitions are uncontested, it is essential that the court’s findings accurately record the reasons for the Cabinet’s intervention and any admission or agreement that does not accurately describe the abuse or neglect.
It is important to note that “dependency” means a child is under improper care, custody or control through no fault of the parent when negotiating the findings.

The SSW:

Objects to an admission or stipulation of dependency when the evidence strongly supports a finding of abuse or neglect by expressing any objection:

First to the county attorney;
To the court of record if the admission or stipulation is accepted over the cabinet’s objection; and
After consultation with FSOS, to the Office of Legal Services (OLS) immediately after court to see if other relief can be obtained;

Pursues allegations of abuse or neglect based on these considerations, unless the:

County attorney or OLS states that the allegations cannot be proved; or
Allegations cannot be proved without the child’s in court testimony and mental health experts state that such testimony would be traumatic to the child.