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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
11.26 Admissions and Agreements
Effective: 12/3/2010
11.26 Admissions and Agreements
Legal Authority
KRS 194A.050 Execution of policies, plans and programs-Administrative regulations-fees
...
KRS 610.080 Bifurcated hearings in juvenile proceedings
...
Introduction
Introduction
Practice Guidance
Practice Guidance
Many petitions do not go to an adjudication hearing when the petition is uncontested by an:
Admission by the parents or their attorney; or
Agreement or stipulation among the parties, which takes the place of an adjudication hearing.
Admission or stipulation may take place at any time during the court proceedings up until the adjudication hearing.
When petitions are uncontested, it is essential that the court’s findings accurately record the reasons for the Cabinet’s intervention and any admission or agreement that does not accurately describe the abuse or neglect.
It is important to note that “dependency” means a child is under improper care, custody or control through no fault of the parent when negotiating the findings.
Procedure
Procedure
The SSW:
Objects to an admission or stipulation of dependency when the evidence strongly supports a finding of abuse or neglect by expressing any objection:
First to the county attorney;
To the court of record if the admission or stipulation is accepted over the cabinet’s objection; and
After consultation with FSOS, to the Office of Legal Services (OLS) immediately after court to see if other relief can be obtained;
Pursues allegations of abuse or neglect based on these considerations, unless the:
County attorney or OLS states that the allegations cannot be proved; or
Allegations cannot be proved without the child’s in court testimony and mental health experts state that such testimony would be traumatic to the child.
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