SOP 7D.19

R. 8/1/03

DISPOSITIONAL HEARING

COA STANDARDS:

  • NA

LEGAL AUTHORITY:

  • KRS 610.080 Bifurcated hearings in juvenile proceedings.
  • KRS 610.110 Disposition.

PROCEDURE:

1.Decisions at the Dispositional Hearing help the Cabinet, the SSW and parents develop an appropriate Case Plan as outlined in 7C Case Planning-Child Protective Services SOP to address the specific problems identified during adjudication, which necessitated state intervention in the family.

2.Effective dispositional proceedings enable the SSW and the judge to evaluate progress in the case and identify:

(a)Where family problems clearly exist;

(b)Appropriate services; and

(c)Appropriate objectives and task.

3.If instead of the same time as adjudication, disposition occurs on a subsequent date, it is to be completed within:

(a)Forty-five (45) days after adjudication if the child is in the custody of the Cabinet; and

(b)Sixty (60) days if the child is not in the custody of the Cabinet.

The judge may request the report to be presented earlier.

4.When parties admit the allegation of the petition or stipulate to a set of facts for the adjudication, the SSW follows procedures outlined in 7D.16 Admissions and Agreements SOP.

5.The SSW is aware different witnesses may be required to address dispositional issues as opposed to the witnesses who were needed at the Adjudication Hearing;

6.Because the Dispositional Hearing determines whether the Cabinet has made reasonable efforts to avoid the need for placement and what services are needed, the SSW requests service providers as needed to be witnesses if there are factual disputes concerning these issues.

7.The SSW notifies other required participants when necessary of the Dispositional Hearing to be present, to include:

(a)Parents whose rights have not been terminated, including putative fathers;

(b)Relatives with legal standing or other custodial adults;

(c)Attorney for parents;

(d)GAL for the child;

(e)CASA worker if one has been assigned; and

(f)Foster Parents.

8.Because the Dispositional Hearing focuses on the future well-being of the child, the SSW may request the presence of individuals who may be called upon to care for the child or work with the family, such as:

(a)Public health officials;

(b)Mental health professionals;

(c)Other service providers/community partners;

(d)Close family friends;

(e)Responsible relatives; and

(f)Personnel from any government agency in contact with the child or family.

9.Submission of written predispositional reports three (3) days prior to the Dispositional Hearing by the SSW may include among other things, the following:

(a)Summary of allegations;

(b)Statement of family changes that are needed to correct the problems necessitating state intervention, with timetables for accomplishing them;

(c)Summary of parent(s) living conditions and employment;

(d)Summary of parent(s) education;

(e)Summary of services currently being provided;

(f)Description of services to be provided to assist the family;

(g)Description of actions to be taken by parent(s) to correct the identified problems;

(h)Description of the child’s placement and where it is located;

(i)Proposed arrangements for visitation;

(j)Placement of the child’s siblings and, if they are to be apart, proposed arrangements for visitation;

(k)An appropriate long-term plan for the child’s future; and

(l)Proposed child support.