11.28 Dispositional Hearing

Introduction

​​​​​​​​​​​

Practice Guidance

  • Different witnesses may be required to address dispositional issues as opposed to the witnesses who were needed at the adjudication hearing.
  • Decisions at the dispositional hearing help the Cabinet for Health and Family Services (Cabinet/CHFS), the SSW, and parents develop an appropriate case plan to address the specific problems identified during adjudication, which necessitated state intervention with the family.
  • Effective dispositional proceedings enable the SSW and the judge to evaluate progress in the case and identify:
    • Safety threats and risk factors;
    • Appropriate services; and
    • Appropriate objectives and tasks.
  • A final court disposition is to be completed within forty-five (45) days of the removal of the child.


Procedure

The SSW:

  1. Follows procedures outlined in SOP 11.26 Admissions and Agreements when parties admit the allegation of the petition or stipulate to a set of facts for the adjudication; 
  2. Requests service providers, as needed, to be witnesses if there are factual disputes concerning these issues because the dispositional hearing determines whether the Cabinet has made reasonable efforts to avoid the need for placement and what services are needed;
  3. Completes the AOC DNA 13 form and submits it to the court before the hearing so that the court clerk can provide notice of the hearing to the applicable persons and their right to be heard.  
  4. Notifies other required participants, when necessary, of the dispositional hearing to be present, to include:
    1. Parents whose rights have not been terminated, including putative fathers;
    2. Relatives with legal standing or other custodial adults;
    3. The attorney for the parents;
    4. The guardian ad-litem (GAL) for the child;
    5. The Court Appointed Special Advocate (CASA) if one has been assigned; and
    6. The foster parents;
  5. Requests, as needed, the presence of individuals, to include the following, who may be called upon to care for the child or work with the family because the dispositional hearing focuses on the future well-being of the child:
    1. Public health officials;
    2. Mental health professionals;
    3. Other service providers/community partners;
    4. Close family friends;
    5. Responsible relatives; and
    6. Personnel from any government agency in contact with the child or family.
  6. Submits a written AOC-DNA-12 Dependency/Neglect or Abuse Dispositional Report seven (7) working days before the dispositional hearing, which may include:
    1. Summary of allegations;
    2. Statement of family changes that are needed to correct the identified safety threats and risk factors necessitating state intervention, with timetables for accomplishing them;
    3. Summary of parent(s) living conditions and employment;
    4. Summary of parent(s) education;
    5. Summary of services currently being provided;
    6. Description of services to be provided to assist the family;
    7. Description of actions to be taken by parent(s) to mitigate the identified safety threats and risk factors; 
    8. Description of the child’s placement and where it is located;
    9. Proposed arrangements for visitation;
    10. Placement of the child’s siblings and, if they are to be apart, proposed arrangements for visitation;
    11. An appropriate long-term plan for the child’s future; and
    12. Proposed child support.


Revisions

​12/15/22  Additions:  

3.  Complets the AOC DNA 13 form​ and submits to the court prior to the hearing so that the court clerk can provide notice of the hearing and ther rights of the applicable persons of their right to be heard.  

​6.  Submits a written pre-dispositional report seven (7) working days prior to the dispositional hearing, which may include:​​

2/05/25​

​6.  Submits a written AOC-DNA-12 Dependency/Neglect or Abuse Dispositional Report pre-dispositional report seven (7) working days prior to the dispositional hearing, which may include:​