Department for Community Based Services

Standards of Practice Online Manual

13.54 Planning for the Child Following Withdrawal of Independent Adoption Applications

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.54 Planning for the Child Following Withdrawal of Independent Adoption Applications
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:  

Procedure

The SSW:

  1. With approval of the service region administrator (SRA), may petition the district court of the county in which the child is residing to have the child removed from the home if applicants for independent adoption withdraw their application and the child is still placed in their home, and the SSW, FSOS and SRA feel that it is not in the child’s best interest to remain in the home; 1
  2. After consultation with the FSOS, SRA, central office staff and the Office of the General Counsel, may petition the district court in the county in which the child is residing to have the child removed from the home provided the applicants had not previously been made the child’s temporary custodian by Circuit court order in the event permission to receive a child has been denied, and the applicants refuse to allow the child to be removed from their home;
  3. Files a motion with the Circuit court asking that the child be returned to the biological parent(s) or the child’s custody be awarded to the Cabinet, another licensed child placing agency, or another individual in those circumstances.
 

Footnotes

  1. In those instances in which court action is contemplated, central office staff and the Office of the General Counsel are consulted.

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