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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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Resources
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
11.31 Determining Who has Legal Right to the Child
Effective: 2/28/2022
11.31 Determining Who has Legal Right to the Child
Legal Authority
KRS 205.730 Cabinet's duty to locate custodial and noncustodial parents-Registry of information relating to parents-Assistance from governmental agencies-Limits on availability of information
...
KRS 199.503 Putative father registry
...
KRS 199.505 Request for search of putative father registry
...
Obligations of father-Presumption of paternity
...
KRS 406.021 Determination of paternity-Liability of noncustodial parent
...
KRS 625.065 Putative father party to proceedings
...
922 KAR 1:140 Foster care and adoption permanency services
...
Introduction
Introduction
Practice Guidance
Practice Guidance
Procedure
Procedure
The SSW:
Determines who has potential legal rights to the child to ensure that:
The rights of all persons having a direct, legal relationship to the child are terminated; and
No possibility exists, however remote, that the birth or legal parent could invalidate the child’s adoption;
Talks with the birth mother, relatives, and family friends to determine who has potential legal rights to the child, and obtains an affidavit of paternity if applicable. Refer to
SOP 4.3 Relative and Absent Parent Search
regarding time frames.
Checks appropriate documents to determine who has potential legal rights to include:
Birth certificate;
Marriage license;
Divorce decrees;
Child support records;
Temporary Assistance for Needy Families (TANF) records;
Kentucky Transitional Assistance Program (KTAP) records;
DCBS case records, including the child’s file; and
DPP 1305 Putatitive Father Registry Search Request
.
Researches those persons having a legal relationship to the child to include:
The mother;
The legal father:
Is a man who has been adjudged to be the legal father of the child or is presumed to be the father due to marriage; and
The biological father may be the same person, but this is not always the case; and
An alleged or putative father, which may include more than one alleged or putative father; and
Adoptive parents (mother and father) who are the legal parents of the child.
Notifying and Locating Alleged or Putative Fathers
The SSW:
Includes the alleged or putative father(s) as a party to the termination of parental rights (TPR) action in the same manner as any other party to an involuntary termination action if one (1) of the following conditions exists:
He is known and voluntarily identified by the mother by affidavit;
Prior to the entry of a final order in a termination proceeding, he shall have acknowledged the child as his own by affirmatively asserting paternity in the action or to the custodial agency or the party bringing the action within sixty (60) calendar days after the birth of the child;
He has caused his name to be affixed to the birth certificate of the child;
He has commenced a judicial proceeding claiming parental right;
He has contributed financially to the support of the child, either by paying the medical or hospital bills associated with the birth of the child or financially contributed to the child's support;
He has married the mother of the child or has lived openly or is living openly with the child or the person designated on the birth certificate as the biological mother of the child; or
He has registered with the Putative Father Registry.
Contacts the putative or legal father to obtain his signature on the Disclaimer of Paternity form if the putative or legal father of a child does not acknowledge paternity of the child and uploads the signed form into TWIST;
Documents in the case record unsuccessful efforts to obtain a signature of the alleged father;
Makes efforts to secure information about the identity of the father by following procedures in this section of SOP, and, SOP 4.3 Relative and Absent Parent Search when the identity of the father is unknown.
If a search has not already occurred, will request that a search of the putative father registry be completed by submitting the DPP-1305, Putative Father Registry Search Request to
PutativeFather@ky.gov
Main Content
Relative Content
Documents
DPP-1305 Putative Father Registry Search Request
...
Revisions
Page Content