Department for Community Based Services

Standards of Practice Online Manual

11.32 Process for Court Case Reviews

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:
2/22/2019
Section:
11.32 Process for Court Case Reviews
Version:
2

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Legal Authority/Introduction 

 

LEGAL AUTHORITY:

 
 

According to statute, a court review is referred to as a case review.  Policy reflects this language.

 

Procedure 

 

A case review hearing is held no later than six (6) cumulative months after the date the child is committed and every three (3) cumulative months thereafter, as long as the Cabinet retains custody of the child,

 
 

The SSW:

 
  1. Or designated regional staff notifies and invites the following individuals if the court schedules a to the scheduled court hearing:

  2.  
    1. Child's mother;

    2. Child's father;

    3. Relative caregiver; and 

    4. Child's foster/pre-adoptive parent(s)or private child care provider. 1

  3. Documents the notification of the invitation to the scheduled court hearing in the case record;

  4.  
  5. Provides a written report to the court, which includes the information, required pursuant to KRS 620.180;

  6.  
  7. Provides the following information to the court:

  8.  
    1. Recommendation regarding the child's best interest in regard to permanency including:

      1. Reunification;

      2. Termination of parental rights;

      3. Permanent Relative Custody; or

      4. Planned Permanent Living Arrangement (PPLA).

     
  9. Maintains a copy of the court review and any orders in the case file;

  10.  
  11. Files a subsequent review report, Convenes another review, every three (3) cumulative months after the initial six (6) month review;

  12.  
  13. Documents the review and any other court orders in iTWIST, noting the court's agreement with or deviation from the review report.  

 

Practice Guidance

Administrative Office of the Courts has advised that Judges may choose to review the Cabinet's case review court report without holding a hearing every three (3) months.  The Cabinet is required to submit this case review court report every three (3) cumulative months as described in the procedure above, regardless of whether a hearing is scheduled. 

 

 
    1. If deemed appropriate by the court, the above concerned parties may be asked to present any evidence relevant to the determination of a permanency goal for the child.  Concerned parties should be prepared to provide factual information if requested. 
 

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