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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
11.35.2 Voluntary TPR Hearing and Order of Judgment
Effective: 12/3/2010
11.35.2 Voluntary TPR Hearing and Order of Judgment
Legal Authority
KRS 625.042 Conduct of hearings
...
KRS 625.043 Termination orders
...
Introduction
Introduction
Practice Guidance
Practice Guidance
The Family or Circuit court sets a date for the TPR hearing within three (3) days after a petition for voluntary TPR is filed.
The hearing is:
Held not more than thirty (30) calendar days after the petition is filed; and
To prove to the court that TPR and placement of the child with the Cabinet is in the best interest of the child.
A private hearing is held and an official or mechanical record is:
Made of the proceedings; and
Retained by the court for a period of five (5) years.
After close of testimony, the court enters an order terminating all parental rights and obligations of the parent and transfers wardship of the child(ren) to the Cabinet or other person or agency the court believes best qualifies to receive them.
The order terminating parental rights and order of judgment is recorded by the circuit court clerk in the court records.
Termination judgment orders are confidential records, and requests for copies will be processed through open record procedures as outlined in SOP 30.12 Open Records Request and Disclosure of Information.
Procedure
Procedure
The SSW:
Attends the voluntary TPR hearing and accepts the child for placement for adoption if TPR is granted and wardship transferred to the Cabinet;
Obtains a certified copy of the order terminating parental rights and the order of judgment from the Circuit court clerk;
Forwards the certified copy to the central office Adoptions Branch;
Maintains copies of each in the child and the family’s case record file;
Prepares the child’s presentation summary as outlined in the SOP 13.10 Preparing the Presentation Summary Packet.
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