Rule FCRPP 17 – Notice in Dependency, Neglect or Abuse Actions

May 13, 2021 | Family Law, Kentucky

(1) Judicial Notice. In making any determinations with regard to a child in a dependency or neglect or abuse action, the court may consider the findings of fact and court orders from any other court proceeding in any other court file involving the child or the child’s parents or the person exercising custodial control or supervision, if the court is aware of such proceedings. To the extent that the court relies on such, the court shall include a copy of that material in the record.
(2) Notice and Opportunity to be Heard. Prior to any review or permanency hearing, the state child welfare agency shall inform the court of the name and address of the foster parents, pre-adoptive parents and any relatives who are providing care for the child. The clerk shall provide notice of any review or permanency hearing to all parties and to the child’s foster parents, pre-adoptive parents, and any relatives who are providing care for the child. The foster parents, pre-adoptive parents or any relative who is providing care for the child shall have an opportunity to be heard and may be subject to cross examination but shall not be designated as a party to such a proceeding solely on the basis of such notice and right to be heard.

Ky. Fam. Ct. R. P. & Prac. FCRPP 17

Amended by Order 2014-21, eff. 1-1-15; prior amendment 2012-10, eff. 1-1-13; adopted eff. 1-1-11.