Department for Community Based Services

Standards of Practice Online Manual

11.35.2 Voluntary TPR Hearing and Order of Judgment

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:
12/3/2010
Section:
11.35.2 Voluntary TPR Hearing and Order of Judgment
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW:

  1. Attends the voluntary TPR hearing and accepts the child for placement for adoption  if TPR is granted and wardship transferred to the Cabinet;
  2. Obtains a certified copy of the order terminating parental rights and the order of   judgment from the Circuit court clerk;
  3. Forwards the certified copy to the central office Adoptions Branch;
  4. Maintains copies of each in the child and the family’s case record file;
  5. Prepares the child’s presentation summary as outlined in the SOP 13.10 Preparing the Presentation Summary Packet.

Practice Guidance

  • The Family or Circuit court sets a date for the TPR hearing within three (3) days after a petition for voluntary TPR is filed. 
  • The hearing is:
    • Held not more than thirty (30) calendar days after the petition is filed;  and
    • To prove to the court that TPR and placement of the child with the Cabinet is in the best interest of the child.
  • A private hearing is held and an official or mechanical record is:
    • Made of the proceedings; and
    • Retained by the court for a period of five (5) years.

 

  • After close of testimony, the court enters an order terminating all parental rights     and obligations of the parent and transfers wardship of the child(ren) to the Cabinet or other person or agency the court believes best qualifies to receive them.
  • The order terminating parental rights and order of judgment is recorded by the circuit court clerk in the court records. 
  • Termination judgment orders are confidential records, and requests for copies will be processed through open record procedures as outlined in SOP 30.12 Open Records Request and Disclosure of Information.
 

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