Voices in the Courtroom: Transforming Child Welfare in Kentucky

1. Voices in the Courtroom Uniting Kentucky: Transformers of Child Welfare Summit January 16, 2019

2. Provide participants with an overview of dependency, neglect, and abuse (DNA) proceedings. • Provide participants with the barriers to accessing the court proceedings. • Provide participants with the avenues to access court proceedings. Objectives

3. Overview of Dependency, Neglect, and Abuse Proceedings

4. DNA Court Process *Although jurisdictions vary, case/status conferences commonly occur between each hearing.

5. Initial court hearing following the petition. • Court determines whether there are reasonable grounds to believe that the child would be dependent, neglected, or abused if he/she returns or remains in home. • Held within 72-hours of emergency custody order or 10-days for non-emergency petitions. • Court may order temporary custody, visitation, support, services, testing, etc. Temporary Removal Hearing

6. Court must determine whether allegations are true. • “Did they do, or not do, what is said in the petition?” • Should be held within 45-days of removal. • Three typical outcomes: • The parties admit (stipulate) to dependency, abuse or neglect, and case moves to disposition hearing. • Court holds a hearing and finds dependency, abuse or neglect, and case moves to disposition hearing. • Court holds a hearing and does not find dependency, abuse or neglect, and case is dismissed. Adjudication Hearing

7. Court must determine what is in the best interest of the child. • Should be held within 45-days of removal. • Potential outcomes: • Informal adjustment of the case (agreed dismissal). • Child remains, or is removed, to an individual or couple. • Child is committed to the cabinet for placement. Disposition Hearing

8. Statutory and Non-Statutory reviews: • Statute mandate periodic reviews of children in cabinet custody (permanency review, independent living review, etc.). • Frequency of non-statutory reviews varies depending on the court’s scheduling rules and the specific facts of the case. • Court reviews: • Child’s physical, psychological, emotional, and social well-being. • The appropriateness of the child’s current placement. • Whether the cabinet has made reasonable efforts to reunify the child with his/her parent(s). • Each parent(s)’s progress on the case plan and/or the cabinet’s progress toward a permanent home for the child (permanency). • Any assistance/services the child needs. Review Hearings

9. Statutory Restrictions to Access Statutory Confidentiality

10. Court proceedings are closed to the general public (KRS 610.070). • Allowed: parents, custodians, guardians, attorneys, agency employees, persons agreed-upon by parties. • Court may also allow persons with a direct interest in the case or the work of the court (discretionary). • Court records and files are confidential and restricted except to: • Child (Guardian ad litem), parents, cabinet, law enforcement, attorneys for parties. • Cannot be disclosed to, given to, or accessed by anyone else without court order. • Cabinet internal investigation files are also restricted to certain parties and agencies without a court order. StatutoryRestrictions to Access

11. Accessing the Court and Cabinet

12. Obtain court order(s) for information (attorney): • Intervene as interested party. • File a motion (ask the Court) for access. • Ask for a court-appointed attorney if you are indigent and meet the definition of a de facto custodian (Complete AOC-DNA-11 Form and give to Clerk): • Child resided with you for last 6 months (if less than 3 years old) or last year (if 3 or more years old), AND, • You were the child’s primary caregiver and financial supporter. • Foster parents, invoke your rights under KRS 620.360: • Right to notice, attend, and be heard at court proceedings (contact clerk). • Limited right to information from the cabinet (contact cabinet worker). Accessing the Court and Cabinet

13. Questions?

14. Rachel Bingham, Executive OfficerFamily & Juvenile ServicesAdministrative Office of the Courtsrachelb@kycourts.net502-573-2350 ext. 50512 For more information, feel free to contact: