11.36.6 Involuntary Termination of Parental RIghts (TPR) Hearing and Order of Judgment

Legal Authority

The SSW is the agency representative of the Cabinet of Health and Family Services (Cabinet/CHFS) during the hearing, while the Office of Legal Services (OLS) regional attorney represents the Cabinet as a party to the action.
The SSW should be:

Familiar with the entire case history/file; and
Thoroughly prepared to testify and assist the regional attorney during all hearings.

The court hearing is a formal, private trial conducted according to the Kentucky rules of civil procedure and, as such, the SSW is thoroughly prepared and knowledgeable that:

As the petitioner, the Cabinet is required to present its proof first;
After each witness testifies, the witness may be cross examined by the attorney for the parent and by the guardian ad litem (GAL) for the child;
After the Cabinet has presented all of its evidence, the parent(s) may testify and may call other witnesses; and
If contested, the hearings are generally formal, lengthy, and demanding.

The judge enters the findings of fact and conclusion of law and enters a judgment, either affirming or dismissing the petition for termination. These orders are entered into the court records.
The order of judgment is sent to the petitioner (Cabinet).
The order of judgment is a confidential record and requests for copies shall be processed only by an open records request as outlined in SOP 30.10 CPS Open Records Request and Disclosure of Information.
If a termination of parental rights (TPR) is granted, the parents have thirty (30) calendar days to file an appeal of the judgment in circuit court. Service provision within that thirty (30) calendar day interim should be staffed with OLS.
If an appeal is filed, service provision to the parents throughout the appeal process should be staffed with OLS.
Visitation between the parent(s) and the child during the appeal period should be staffed with OLS and should also follow SOP 13.8 Goodbye Visit.

The regional attorney involved in the termination:

Notifies the local office of the court’s decision in the case by forwarding, immediately upon receipt, a certified copy of the order of judgment to the appropriate local Department for Community Based Services (DCBS) staff.

The SSW:

Ensures that a certified copy of the TPR order is included in the original presentation summary packet. A copy of the presentation summary packet including a copy of the TPR order is sent to Division of Administration and Financial Management (DAFM) Records Management Section as outlined in SOP 13.2 Child Freed for Adoption Procedure once the presentation summary packet is approved;
Redockets the case for a post-termination court review in accordance with Family Court Civil Rule 36. The hearing is to occur within ninety (90) calendar days from the date of the entry of the order of termination, and reviews progress towards finalization of an adoptive placement for the child.

1/18/2023

Edit to #1 under Procedure: Ensures that a certified copy of the TPR order is included in the original presentation summary packet. A copy of the presentation summary packet including a copy of the TPR order is sent to Division of Administration and Financial Management (DAFM) Records Management Section as outlined in SOP 13.2 Child Freed for Adoption Procedure once the presentation summary packet is approved; Forwards a certified copy of the judgment along with the presentation summary (TWIST) form to the central office Adoptions Branch upon receipt of the order of judgment, if termination is granted; 1
Remove footnote. Copies are kept in the child's file and the family case record.