Department for Community Based Services

Standards of Practice Online Manual

11.15 Temporary Removal Hearing

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 11-CPS Court
Effective:
1/1/2012
Section:
11.15 Temporary Removal Hearing
Version:
2

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Legal Authority/Introduction

 

LEGAL AUTHORITY:

COA STANDARDS:

  • N/A

At a temporary removal hearing, the court determines whether there are reasonable grounds to believe that the child would be dependent, neglected or abused if returned to or left in the custody of his parent or other person exercising custodial control or supervision even though it may not have been proved conclusively who perpetrated the dependency, neglect or abuse.

Procedure

 

The SSW:

  1. Participates in the temporary removal hearing and presents evidence, with the assistance of the county attorney, on behalf of the child and the Cabinet;
  2. Requests a temporary removal hearing, which must be held within seventy-two (72) hours, excluding weekends and holidays, of when an emergency custody order (ECO) is issued, unless waived by the parent(s) or other person exercising custodial control or supervision;1
  3. When possible, prepares the family for the temporary removal hearing, which may include an explanation of the following:
    1. Court proceedings;
    2. Right to counsel;
    3. Role of the attorneys;
    4. Role of the Cabinet;
    5. Probability that the hearings will be conducted in an informal manner with the general public excluded from the court; and
    6. People who are allowed in the court:
      1. Families;
      2. Guardian ad litem (GAL); and
      3. Concerned parties;
  4. Provides a copy of the When Your Child is Removed From Your Care handbook to the birth parents/caregiver;
  5. Requests that the court orders the custodial parent to name the non-custodial parent if unknown or not legally established and completes the DPP-1275 Relative Exploration Form2  

Practice Guidance

  • In cases, which are commenced by the SSW filing a petition as outlined in SOP 11.14 When to File a Petition, a temporary removal hearing must be held within ten (10) days of the date of filing the petition, unless waived by the parent or other person exercising custodial control or supervision.
 

Footnotes

  1. This is outlined in SOP 11.20 Emergency Custody Order.
  2. This is for the purposes of exploring relative placements as outlined in SOP 4.3 Relative and Absent Parent Search.

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