C6.33 Services to the Family During an Appeal

Legal Authority

Either party may appeal the case to the court of appeals within thirty (30) calendar days of the judge’s decision, which can uphold or rescind the decision of the circuit court.
After a decision by the court of appeals, either party may request the Supreme Court hear the appeal.
Either party may request a temporary stay, referred to as a “Stay of Judgment” to set aside the circuit court’s order while the appeal is pending by:

First, requesting the stay through the circuit court; and
Second, requesting the stay through the Appellate Court if not granted by the circuit court.

The SSW may continue providing services to the family during the appeals process when appropriate and in the child’s best interests. The SSW should consult with the Office of Legal Services (OLS) as outlined in SOP 11.36.6 Involuntary Termination of Parental Rights (TPR) Hearing and Order of Judgement.
In some instances the court may order the Cabinet for Health and Family Services (CHFS/Cabinet) to continue visitation between the child(ren) and the parent. The SSW should consult with OLS regarding visitation issues post termination of parental rights (TPR) and refer to SOP 13.8 Goodbye Visit for additional information.