Department for Community Based Services

Standards of Practice Online Manual

11.38 Services to the Family During an Appeal

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:
11.38 Services to the Family During an Appeal
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Practice Guidance

  • Either party may appeal the case to the Court of Appeals within thirty (30) calendar days of the judge’s decision, which can uphold or rescind the decision of the Circuit court.
  • After a decision by the Court of Appeals, either party may request the Supreme Court hear the appeal.
  • Either party may request a temporary stay, referred to as a “Stay of Judgment” to set aside the Circuit court’s order while the appeal is pending by:
    • First, requesting the stay through the Circuit court; and 
    • Second, requesting the stay through the Appellate Court if not granted by the Circuit court.
  • The SSW may continue providing services to the family during the appeals process when appropriate and in the child’s best interests.
  • In some instances the court may order or the Cabinet may agree to continue visitation.
 

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