Article XVI. Initial Hearing
10.10.490 Initial hearing.
(A) The initial hearing regarding the removal or detention of a child shall be held before the end of the third working day (seventy-two (72) hours) following the filing of the petition.
(B) In the event a child is not removed or detained, the initial hearing shall be held before the end of the fifteenth court day following the filing of the petition.
(C) The purpose of the initial hearing is to determine whether probable cause establishes that the allegations in the youth in need of care petition are true. During the hearing, the Court shall advise the parties of the reason for the hearing and of their rights to be heard on all issues.
(D) Any agency reports shall be received as evidence.
(E) The allegations of abuse or neglect shall be admitted or denied by the parent(s), guardian, or any other persons exercising legal custody and care of the child.
(F) Missing parties and relatives shall be noted and notice to the parties shall be reviewed.
(G) The Court shall make the following findings:
(1) Whether continuation of the child in the home would be contrary to the child’s welfare.
(2) The factual basis for the Court’s decision.
(3) Award the care, custody and placement of the child with KCWS upon a finding that removal is necessary.
(4) Whether reasonable efforts have been made to prevent removal.
(H) Reasonable efforts to prevent removal or reunification are not required if the parent has committed murder or voluntary manslaughter, of another child of the parent; parental rights of the parent with respect to a sibling have been terminated involuntarily; the parent has abandoned an infant; a parent or guardian has aided or abetted, attempted to conspire, solicit commission of a murder or voluntary manslaughter of a child of the parent; the parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent; or finds that the parent has subjected the child to other aggravated circumstances pursuant to relevant law.
(I) If the Court makes a determination that reasonable efforts to prevent removal or reunification are not required, the Court shall then make a judicial finding that reasonable efforts are being made to finalize the permanency plan for the child. The Court shall hold a permanency hearing within thirty (30) days of the determination that reasonable efforts to prevent removal or to reunify are not required, and then hold a permanency hearing no less frequently than every six (6) months thereafter. In such cases, KCWS will file a petition to terminate parental rights within sixty (60) days of a judicial determination that reasonable efforts are not required to prevent removal or reunify because of one (1) of the reasons set forth in subsection (H) of this section.
(J) The Court shall specify the terms of any visitation.
(K) Possible Outcomes of the Initial Hearing.
(1) The youth in need of care petition may be dismissed and the child remains or is returned to home with direction to the parties concerning future parental conduct and the provision of services to the child and parents;
(2) The child may remain or be returned to the home of the parents, guardian or custodian under the supervision of the Court, pending the determination hearing;
(3) The child may be continued in the child’s out-of-home placement pending the determination hearing; or
(4) The child may be continued in the child’s out-of-home placement pending a mediation or family unity conference.
(5) If the proceeding necessitates the removal of a child, the Court shall find that continuation of the child in the home would be contrary to the child’s welfare. The Court shall award the care, custody and placement of the child with KCWS and appoint a court advocate to advocate for the child.
The Court shall state for the record and in its findings and orders the factual basis for this conclusion. The grounds for removal or continued removal are:
(a) The child has no parent, guardian or custodian available, willing and capable to safely care for the child;
(b) The child is likely to suffer serious emotional or physical injury inflicted upon them by other than accidental means;
(c) The child has not been provided with adequate food, clothing, shelter, medical care, education or supervision by his/her parent, guardian or custodian, which is necessary for the child’s health and well-being;
(d) The child has been sexually abused or sexually exploited; or
(e) The child has suffered, or is likely to suffer, emotional damage, as a result of severe emotional abuse or neglect, which causes or creates a substantial risk of impaired development.
(6) If the child was removed and placed in a short-term residential treatment program the Court shall make the findings outlined in KTC 10.10.1000(B) and state in writing the factual basis.
(7) If the child is removed, the Court may order visitation with the parent(s), guardian(s), siblings, or other relatives or persons important to the child.
(8) The Court may issue any other orders it deems necessary. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § 15, 4/30/2009. Formerly 10.10.360.]