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Rule FCRPP 30 – Reviews

May 13, 2021 | Family Law, Kentucky

(1) Permanent Placement Review. In addition to the annual permanency hearing mandated by KRS 610.125, the court shall conduct a permanency progress review no later than 6 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.
(2) Independent Living Review. In addition to the permanent placement review and the annual permanency hearing, and when the child remains in foster care or committed to the state child welfare agency, the court shall conduct an independent living review at least 6 months prior to the child turning 18 years of age to ensure that training on independent living and other appropriate services have been included in the case plan and are being provided to the child.

Ky. Fam. Ct. R. P. & Prac. FCRPP 30

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

SUPREME COURT STANDING COMMITTEE ON THE FCRPP (2012) COMMENTARY

With respect to FCRPP 30(1), if a permanent custody motion is filed within a Dependency, Neglect or Abuse (DNA) action pursuant to KRS 620.027, the movant shall ensure that personal service (of the DNA action) has been perfected upon both parents and any other legal custodian, except as otherwise directed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Personal service shall be perfected in accordance with the Kentucky Rules of Civil Procedure, CR 4, et. seq. If said service has not been properly perfected in the DNA action, the court should deny the motion and require the movant to file a proper petition for child custody pursuant to KRS Chapter 403.

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