Department for Community Based Services

Standards of Practice Online Manual

11.43 Release or Extension/Reinstatement of Commitment for Youth

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:
11.43 Release or Extension/Reinstatement of Commitment for Youth
Version:
2

When a section of SOP has been revised users will see the following: Added {This is added material}, Deleted {This is deleted material}. The bold and strikethroughs will appear on the site for fifteen (15) days after a modification and will then be removed.

Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A
  • KRS 620.140 Dispositional alternatives
  • KRS 625.025 Extension of wardship to age twenty-one

The Cabinet releases a child from custody in accordance with the statute under which the custody was obtained.  In the case of temporary or emergency custody orders, children shall not remain in the Cabinet's custody past the statutory expiration of these court orders as outlined in:

  • SOP 11.20 Emergency Custody Order (ECO); and
  • SOP 11.17 Expiration of Temporary Custody Order to the Cabinet.

Commitment of the child to the custody of the Cabinet for placement is for an indeterminate period of time not to exceed the attainment of the age eighteen (18). 

The court, may upon motion of the child youth who is or has been committed to the Cabinet, and with the concurrence of the Cabinet authorize:

  • An extension of commitment up to age twenty-one (21) for the purpose of the youth participating in state and federal educational programs or for assistance in establishing independent living arrangements;
  • A reinstatement of commitment if the request is made prior to the youth reaching nineteen (19) years of age to allow participation in state and federal educational programs or for assistance in establishing independent living arrangements;
  • The Cabinet to assist the youth in establishing independent living arrangements;
  • The SSW follows the procedures outlined in SOP 4.29.2 Transition Planning for OOHC Youth.

Any child committed to the Cabinet may be released from commitment with prior written notice to the committing court fourteen (14) days before the date of release, unless the court objects and orders otherwise. 

 

 

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