Finding When Court Involvement Occurs

SOP 7B.9.5

8/15/09

FINDING WHEN COURT INVOLVEMENT OCCURS

COA:

LEGAL AUTHORITY:

KRS 620.140 Dispositional Alternatives

PROCEDURE:

1. Based on the evidence, the judge makes a finding of fact and conclusion of law regarding whether or not a child is dependent, neglected or abused. The AOC-DNA-4-Order Adjudication Hearing and AOC-DNA-5-Order Disposition Hearingform, indicates whether the child is committed to the Cabinet. The judge makes a finding:

Regarding reasonable efforts as outlined in 7C.14 Reasonable EffortsSOP; and

That the child’s commitment is due to the child needing protection or extraordinary services.

2. The SSW should determine whether the local judge wants the SSW to tender anyAdministrative Office of the Court(AOC) form partially or fully completed with the relevant information pertaining to that child for the judge's signature.

3. If after an investigation the Cabinet finds that a child is dependent, abused or neglected,but after an adjudication hearing the Courtdoes not concur based on the evidence presented, the FSOS changes the finding of the investigation to agree with the court’s finding. If a petition is informally adjusted, dismissed or an agreement made without proof being heard, the finding does not have to be changed, but the individual would need to be referred to the CAPTA Fair Hearing process.4. The FSOS only changes the finding of the investigation and:documents in the case record:

(a) Documents in the TWIST contact screens the reason why the

finding is being changed;

(b) Files a hard copy of the court order or the final CAPTA order in the case record; and

(c) Leaves the CQA as well as any other part of the case record as is,

except the finding.

4.5.After an adjudicatory finding, if the SSW believes that there is enough evidence to support the original investigative finding and the FSOS agrees:

(a)The SSW within forty-eight (48) hours contacts the OLS Regional Attorney for consultation;

(b)The SSW and FSOS after consultation with OLS the SSW and FSOS decide whether to proceed with contesting the court’s adjudicatory finding on appeal; and

(c) If the decision is to proceed the OLS Regional Attorney has:

Ten (10) days to file a motion to alter, amend or vacate the order; or

Thirty (30) days to file an appeal.

5. If the final order from a CAPTA Fair Hearing process as outlined in SOP 1A.9-CAPTA Appeals overturns the Cabinet’s substantiated finding that a child has been dependent, neglected or abused, the Commissioner’s Office staff changes the finding. The FSOS:

(a)Documents in the TWIST contact screens the reason the finding is being changed; and

(b)Files a copy of the final CAPTA order in the case record. Although the finding is changed, no changes are made to the case record or Continuous Quality Assessment (CQA).