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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
11.36.3 Attorneys Involved in the TPR Action
Effective: 12/3/2010
11.36.3 Attorneys Involved in the TPR Action
Legal Authority
KRS 194A.050 Execution of policies, plans and programs-Administrative regulations-fees
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Introduction
Introduction
Practice Guidance
Practice Guidance
The SSW is knowledgeable of and works with, as appropriate, the attorneys involved in the TPR action, to include the:
Guardian ad litem (GAL): The GAL is an attorney who is appointed to represent the best interest of the child as outlined in SOP 11.5 Appointment of the Guardian Ad Litem (GAL);
Parents’ attorney: Parents have a right to legal representation in termination actions. If a parent does not have an attorney and the Circuit court determines the parent to be indigent, the court may appoint an attorney to represent the interest of the parents;
Regional attorney: The regional attorney or other attorney assigned by the Office of Legal Services (OLS), which represents the Cabinet in the TPR action;
Warning order attorney: A warning order attorney is necessary when the party to be summoned is avoiding summons or the party’s whereabouts are unknown. If the party is out of state but a current address is known, then the party may be served by certified mail, by personal service or by the warning order attorney;
The SSW does not attempt to request the appointment of a warning order without explicit direction from OLS.
The Circuit court clerk appoints a warning order attorney, upon request of the petitioner.
The warning order attorney is required to report the results of their efforts to the court within fifty (50) days after appointment.
Procedure
Procedure
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