Department for Community Based Services

Standards of Practice Online Manual

11.17 Expiration of Temporary Custody Order to the Cabinet

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:
1/9/2012
Section:
11.17 Expiration of Temporary Custody Order to the Cabinet
Version:
2

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Legal Authority/Introduction

LEGAL AUTHORITY:

The child remains in temporary custody with the Cabinet for a period of time not to exceed forty-five (45) days from the date of the removal from his home.  The court conducts the adjudicatory hearing and makes a final disposition within forty-five (45) days of the removal of a child.  The court may extend such time after making written findings establishing the need for the extension and after finding that the extension is in the child’s best interests.  

Procedure

  1. The SSW requests the court begin an adjudication hearing on each child in the temporary custody of the Cabinet no later than ten (10) calendar days prior to the forty-five (45) day maximum; 1  and if required, contacts the OLS regional attorney for further instructions, prior to the child returning home. 2
  2. The FSOS:
    1. Completes the notification to the court of impending expiration of temporary custody order (TWIST) letter to notify the court judge when the TCO is about to expire and  no date for an adjudication hearing is set within the forty-five (45) day period;
    2. May send a letter to the judge, if a judge does not respond to the letter notifying the court of the TCO's expiration, stating the following:
      1. Date the TCO expires;
      2. Date the child will be returned home; and
      3. SSW's concerns, if it is not in the child's best interest to be returned home.
 

Footnotes

  1. This allows the FSOS to send follow-up notification letter(s) if needed.
  2. If the court does not respond to either the SSW’s request or the FSOS’s letter.

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