Update on Kentucky's Foster Care System Recommendations: Kentucky Court of Justice

Kentucky Court of Justice provides updates on recommendations for the Administrative Office of the Courts based on the 2018 Report on Kentucky's Foster Care System. The collaboration between the Department for Community Based Services and the AOC aims to improve processes related to temporary custody orders and data collection to enhance the foster care system in Kentucky.

• Kentucky Court of Justice
• Foster Care System
• Recommendations
• Administrative Office of the Courts
• Department for Community Based Services

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1. KENTUCKY COURT OF JUSTICE Update on Recommendations for the Administrative Office of the Courts from 2018 Report on Kentucky's Foster Care System Legislative Oversight & Investigations Committee September 14, 2023 Presented by Rachel Bingham, Director, Office of Statewide Programs, AOC Ashley Clark, Executive Officer Department of Family & Juvenile Services, AOC

2. KENTUCKY COURT OF JUSTICE Background - The Program Review and Investigations Committee voted to initiate a study of Kentucky s foster care system in May 2016. - Legislature Adoption Workgroup made a bi-partisan examination of child welfare and foster care leading to House Bill 1.

3. KENTUCKY COURT OF JUSTICE Examples of AOC/DCBS Collaborative Committees and Workgroups - - - - - Kentucky Judicial Commission on Mental Health s DNA Workgroup Judicial Stakeholder s Group Family & Juvenile Court Rules Committees Court Improvement Program and Title IV-E Workgroups DCBS Workgroups on Data, Permanency, Child & Family Service Reviews, Adoption, TWIST, Citizen Foster Care Review Boards (CFCRB) Enhancing Communication -

4. KENTUCKY COURT OF JUSTICE RECOMMENDATION 1.1 The Department for Community Based Services and the Administrative Office of the Courts should work cooperatively to determine a reasonable period for the temporary custody order and propose legislation to the General Assembly.

5. KENTUCKY COURT OF JUSTICE IN RESPONSE - The issue of hearing timing has been discussed multiple times through various collaborative initiatives. - Due to concerns around extending the timeframe leading to permanency delays, there has been no consensus on a new timeframe. - HB 1 did seek to address one reason for adjudication continuances criminal cases related to DNA accusations by excluding the use of adjudication testimony in criminal prosecutions except for impeachment.

6. KENTUCKY COURT OF JUSTICE RECOMMENDATION 1.2 The Department for Community Based Services and the Administrative Office of the Courts should cooperate to ensure the collection of the date of any dependency, neglect, or abuse court action, the type of hearing, and the result. These data should be analyzed regularly to identify potential problems.

7. KENTUCKY COURT OF JUSTICE IN RESPONSE - AOC has ongoing initiatives involving extensive data examination and sharing. Data is provided to the various collaborative efforts and is always being assessed for improvements (ex:, CourtNet and Citizen Foster Care Review Boards case management system) Court performance measures are regularly shared with judges and stakeholders through the Removed Children Report. The Dependency, Neglect and Abuse Forms Workgroup reviewed and revised the official DNA forms to reduce data entry issues and encourage widespread use. - -

8. KENTUCKY COURT OF JUSTICE RECOMMENDATION 1.3 The Administrative Office of the Courts should encourage any court hearing dependency, neglect, or abuse cases to use all appropriate AOC forms.

9. KENTUCKY COURT OF JUSTICE IN RESPONSE - Kentucky Supreme Court Committee on the Family Court Rules of Practice and Procedure (FCRPP) convened in June 2018 to review the statewide rules applicable to family law, which included extensive discussion on dependency, neglect and abuse (DNA) case practice and procedure - Resulted in revision of FCRPP 15 to require judges to use official AOC forms for DNA case orders - effective February 1, 2020.

10. KENTUCKY COURT OF JUSTICE REVISED FCRPP 15 (EFFECTIVE FEBRUARY 1, 2020) Any order entered in a dependency or neglect or abuse action shall be on the appropriate Administrative Office of the Courts forms. The forms must be signed by the Court with an actual signature or appropriate electronically produced signature made at the time the order is authorized and completed. Faxed or scanned original signatures are acceptable. A stamped signature, verbal order, or pre-signed order is not authorized under these rules and shall not be used. This rule does not preclude supplemental orders or orders for which there is no appropriate Administrative Office of the Courts forms.

11. KENTUCKY COURT OF JUSTICE Ongoing Efforts - AOC s will continue to engage in regular and intensive collaboration with DCBS. These efforts will continue to include data sharing, analysis, and improvements. AOC will continue to review, discuss, and improve official forms. Special consideration will be given on their impact to data collection and reporting. AOC will continue to educate AOC staff on the necessity for uniform data entry. Continuous quality improvement tools will be implemented to assist in improving data entry. AOC will continue to examine opportunities to expand electronic filing and automation of data collection. - - -

12. KENTUCKY COURT OF JUSTICE For questions, please contact: ashleyclark@kycourts.net