Home Table of Contents

Rule 6. Dependency, neglect and abuse

Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court

Baldwin's Kentucky Revised Statutes Annotated
16th Judicial Circuit - Kenton Family Court
KY RKFC Rule 6
Rule 6. Dependency, neglect and abuse
Currentness
601. General Provisions
601.01. Orders
Pursuant to FCRPP 16, any order entered in a dependency or neglect or abuse action shall be on the appropriate Administrative Office of the Courts forms.
601.02. See FCRPP 17 through 31 for additional statewide rules of procedure which shall apply in Kenton County Family Court.
602. Pretrial Conference
A pretrial conference shall be set at which time the parent(s) will stipulate the facts or request an adjudication hearing.
603. Disposition
603.01. Any dispositional report shall be filed three days prior to a dispositional hearing on AOC-DNA-12, Dependency, Neglect or Abuse Dispositional Report.
603.02. A disposition hearing shall be held to enter findings in accordance with the stipulations or the adjudication hearing.
603.03. Pursuant to KRS 610.125, a Permanency Review shall occur annually.
604. Case Plan
604.01. A Case Progress Report shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services within six (6) months of the disposition hearing. At the disposition hearing in these cases, a future hearing shall be set to review the Case Progress Report.
604.02. Pursuant to FCRPP 29, the court shall require the following to be filed in the court record and provided to all parties:
a. The out of home case plan;
b. Any visitation agreement for the case plan or the case permanency plan; and,
c. Any prevention plan or safety plan developed by the child protective service agency.
605. Permanency
605.01. Permanent Placement Review
Pursuant to FCRPP 30, in addition to the annual permanency hearing mandated by KRS 610.125, the court shall conduct a permanency progress review no later than six months after a child is placed in foster care, in the home of a non-custodial parent, or other person or agency, when that child was sixteen years of age or younger at the time of the filing of a dependency, neglect or abuse petition.
605.02. Permanent custody motions may be filed by the CHFS pursuant to KRS 403.270.
606. New Action
Pursuant to FCRPP 31, any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.
607. Child Support in Dependency, Neglect and Abuse Matters
607.01. Often child support orders are sought in pending dependency, neglect and abuse (DNA) matters.
607.02. Child support orders in these cases create record retention issues as these cases are concluded, but the child support order will continue.
607.03. Therefore in every DNA case, if child support is to be ordered, the following shall apply:
a. The order shall be temporary in nature only and shall terminate upon conclusion of the case:
b. If there is a paternity case, the order shall be entered in the paternity case and not in the DNA case:
c. If there is a civil (CI) case the order shall be entered in the civil case and not in the DNA case: and
d. If there is no paternity or civil case the parties shall be ordered to cooperate with the Child Support Office to initiate the applicable action and have the order then entered in that case. Once the order is entered in the paternity or civil case, the child support order entered in the DNA case shall be vacated.
607.04. A case shall be considered concluded when any of the following occur:
a. The children are returned to the parent(s) or custodian(s):
b. The goal is changed to adoption: or
c. Permanent custody is granted to someone other then a parent or prior permanent custodian.

Credits

HISTORY: Amended effective June 8, 2020. Prior amendments effective April 11, 2012. Adopted effective December 2, 2008.
Kenton Family Court Rule 6, KY R KENTON FAM CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document