Uniting Kentucky: Transformers of Child Welfare Summit - PowerPoint Presentation

Slide1

Uniting Kentucky:Transformers of Child Welfare SummitJanuary 16, 2019

Voices

i

n the

Courtroom

ObjectivesProvide participants with an overview of dependency, neglect, and abuse (DNA) proceedings.Provide participants with the barriers to accessing the court proceedings.Provide participants with the avenues to access court proceedings.

Overview of Dependency, Neglect, and Abuse Proceedings

DNA Court Process

*Although jurisdictions vary, case/status conferences commonly occur between each hearing.

Temporary Removal HearingInitial court hearing following the petition.Court determines whether there are reasonable grounds to believe that the child would be dependent, neglected, or abused if he/she returns or remains in home.Held within 72-hours of emergency custody order or 10-days for non-emergency petitions.Court may order temporary custody, visitation, support, services, testing, etc.

Adjudication HearingCourt must determine whether allegations are true.“Did they do, or not do, what is said in the petition?”Should be held within 45-days of removal.Three typical outcomes:The parties admit (stipulate) to dependency, abuse or neglect, and case moves to disposition hearing.Court holds a hearing and finds dependency, abuse or neglect, and case moves to disposition hearing.

Court holds a hearing and

does not

find dependency, abuse or neglect, and case is dismissed.

Disposition HearingCourt must determine what is in the best interest of the child. Should be held within 45-days of removal.Potential outcomes:Informal adjustment of the case (agreed dismissal).Child remains, or is removed, to an individual or couple.Child is committed to the cabinet for placement.

Review HearingsStatutory and Non-Statutory reviews:Statute mandate periodic reviews of children in cabinet custody (permanency review, independent living review, etc.).Frequency of non-statutory reviews varies depending on the court’s scheduling rules and the specific facts of the case.Court reviews: Child’s physical, psychological, emotional, and social well-being.The appropriateness of the child’s current placement.

Whether the cabinet has made reasonable efforts to reunify the child with his/her parent(s).

Each parent(s)’s progress on the case plan and/or the cabinet’s progress toward a permanent home for the child (permanency).

Any assistance/services the child needs.

Statutory Restrictions to AccessStatutory Confidentiality

StatutoryRestrictions to Access

Court proceedings are closed to the general public (KRS 610.070).

Allowed: parents, custodians, guardians, attorneys, agency employees, persons agreed-upon by parties.

Court may also allow persons with a direct interest in the case or the work of the court (discretionary).

Court records and files are confidential and restricted except to:

Child (Guardian ad litem), parents, cabinet, law enforcement, attorneys for parties.

Cannot be disclosed to, given to, or accessed by anyone else without court order.

Cabinet internal investigation files are also restricted to certain parties and agencies without a court order.

Accessing the Court and Cabinet

Accessing the Court and CabinetObtain court order(s) for information (attorney):Intervene as interested party.

File a motion (ask the Court) for access.

Ask for a court-appointed attorney if you are indigent and meet the definition of a de facto custodian (Complete AOC-DNA-11 Form and give to Clerk):

Child resided with you for last 6 months (if less than 3 years old) or last year (if 3 or more years old), AND,

You were the child’s primary caregiver and financial supporter.

Foster parents, invoke your rights under KRS 620.360:

Right to notice, attend, and be heard at court proceedings (contact clerk).

Limited right to information from the cabinet (contact cabinet worker).

Questions?

Rachel Bingham, Executive OfficerFamily & Juvenile ServicesAdministrative Office of the Courtsrachelb@kycourts.net

502-573-2350 ext. 50512

For more information, feel free to contact: