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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
11.14 When to File a Petition
Effective: 12/3/2010
11.14 When to File a Petition
Legal Authority
KRS 620.070 Dependency, neglect or abuse action-Contents of summons
...
Introduction
Introduction
Practice Guidance
Practice Guidance
Special consideration should be given in situations where the child is currently protected, but it may be advantageous to obtain a court adjudication of abuse or neglect, which carries more weight than an agency finding.
For example, when a child has been sexually abused but is currently being protected, the perpetrator may have access to other children, now or in the future, and a court finding may be necessary to take protective measures.
Procedure
Procedure
The SSW:
May file a petition for removal or non-removal;
Files a petition, after consultation with the FSOS, when:
A child is in imminent danger; or
A child is at risk of significant injury or harm;
Should consider filing a petition, in the following types of cases:
A child is at risk of ongoing abuse, neglect or dependency;
A child is five (5) years of age or younger, with substantiated physical abuse;
A child is neglected, resulting in significant risk of injury or harm;
A child is sexually abused; or
The family is not cooperating, and, as a result, the child is at risk of further abuse or neglect;
Documents in the assessment the reason(s) justifying why a petition is not filed when, upon consultation with the FSOS, it is determined that a petition is not necessary;
In jurisdictions in which the county attorney makes the final determination if a petition may be filed:
Documents efforts to file the petition; and
Places a copy of the denied petition in the case record;
Follows procedures outlined in SOP 11.13 How to File a Petition when filing the petition;
Follows procedures outlined in SOP 11.25 Adjudication Hearings when there are questions and/or concerns regarding the court finding.
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Footnotes
Based on the evidence presented, the judge makes a finding of fact and conclusion of law regarding whether or not a child is dependent, neglected or abused.
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