{"data":{"id":"us-ky/krs-610.125","jurisdiction":"us-ky","citation":"KRS 610.125","heading":"Permanency  hearing after custody given to Department of Juvenile","body":"Justice or cabinet.\n(1) If a child has been removed from the home  and placed in the custody of the\nDepartment of Juvenile Justice or the cabinet, a judge of the District Court shall\nconduct a permanency hearing no later than twelve (12) months after the date\nthe child is considered to have entered foster care, and every twelve (12)\nmonths  thereafter if custody and  out-of-home placement continues, to\ndetermine the future status of the child. For purposes of this section, a child\nshall be considered to have entered foster care on the earlier of the date of the\nfirst judicial finding that the child has been subjected to child abuse or neglect\nor the date that is sixty (60) days after the date on which the child is removed\nfrom the home.\nThe court shall address the following areas:\n(a) If parental rights have not been terminated, whether the child should be\nreturned to the parent;\n(b) Whether the child should be placed for adoption;\n(c) Whether the child should be placed with a permanent custodian; and\n(d) Whether the cabinet has documented a compelling reason that it is in the\nbest interest of the child who is age sixteen (16) or older to be placed in\nanother planned permanent living arrangement other than those listed in\nthis subsection. Prior to the approval of this permanency goal, the court\nshall:\n1. Ask the child about the desired permanency outcome; and\n2. Make  a judicial determination explaining why, as of the date of the\nhearing, another planned permanent living arrangement is the best\npermanency  goal for the child and provide compelling reasons why it\ncontinues to not be in the best interest of the child to return home,\nbe placed for adoption, be placed with a legal guardian, or be placed\nwith a fit and willing relative or fictive kin.\n(2) If the cabinet or the Department of Juvenile Justice determines that reasonable\nefforts to reunify the child with the child's parent will not be made, the cabinet\nor Department of Juvenile Justice shall file a case permanency plan as defined\nby KRS  620.230 or case progress report with the court that documents the\nreasons for not making reasonable efforts. The court shall hold a permanency\nhearing within thirty (30) days of the filing of the cabinet's or Department of\nJuvenile Justice's plan or report with the Court.\n(3) The  Department of Juvenile Justice or the cabinet shall inform the court not\nless than sixty (60) days prior to the expiration of the time in which the hearing\nshall be held and within the time established in subsection (1) of this section,\nand shall further inform the court of the name and address of the child's foster\nparents, preadoptive parents, fictive kin, or relatives providing care to the child;\ncourt-appointed special advocate; and  foster care review board member\nassigned to the case. For the hearing to be held pursuant to subsection (2) of\nthis section, the names  and addresses of the persons identified in this\nsubsection shall be provided in the case permanency plan or case progress\nreport to be filed with the court. The court shall set a time for the hearing and\nnotify the child's parent, foster parents, preadoptive parents, fictive kin, or\nrelatives providing care to the child and who also shall have a right to be heard;\ncourt-appointed special advocate; foster care review board member  assigned\nto the case; attorney for the child; attorney for the parent, if any; and the\nDepartment of Juvenile Justice or the cabinet.\n(4) The Department of Juvenile Justice or the cabinet shall present evidence to the\ncourt concerning the care and progress of the child since the last permanency\nhearing, including the following:\n(a) The  length of time the child has been committed to the Department of\nJuvenile Justice or the cabinet;\n(b) The number, location, and date for each placement during the total period\nof the child's commitment;\n(c) A  description of the services and assistance provided to the parent or\narranged by the Department of Juvenile Justice or the cabinet since the\nlast case permanency  plan or case progress report, and the results\nachieved;\n(d) A  description of the efforts and progress of the child's parent since the\nlast case permanency  plan and case progress report, including the\nnumber  and dates of parental visits and the extent, quality, and frequency\nof the parent's communication with the child;\n(e) The familial and institutional barriers to:\n1. Returning the child to the home;\n2. Ending the commitment of the child to the Department of Juvenile\nJustice or the cabinet; and\n3. Delivery of appropriate services needed by the child;\n(f) Recommendations  of services needed  to make  the transition from\nout-of-home care to independent living for children who have reached the\nage of fourteen (14) years;\n(g) An  evaluation of the child's current placement and services provided to\nthe child;\n(h) Recommendations  for necessary services required to terminate the\ncommitment  of the child to the cabinet, to return the child home, or to\nfacilitate another permanent placement;\n(i) Recommendations  as to the permanency goal for the child; and\n(j) For a child with another planned permanency arrangement as the child's\npermanency  goal:\n1. The  intensive, ongoing efforts to return the child to the home  or\nsecure a placement with a fit and willing relative, legal guardian,\nfictive kin, or adoptive parent, including efforts that utilize search\ntechnology to find the biological family;\n2. The steps the agency is taking to ensure that the child's foster family\nhome  or licensed child-caring facility is following the reasonable and\nprudent parent standard in accordance with 42 U.S.C. sec. 671; and\n3. The  cabinet's efforts to ensure the child has regular, ongoing\nopportunities to engage  in age  or developmentally appropriate\nactivities, including consulting with the child in an  age  and\ndevelopmentally appropriate manner about the opportunities of the\nchild to participate in the activities.\n(5) (a) The child's parent, foster parent, preadoptive parent, fictive kin, or relative\nproviding care to the child shall have the right to be heard; and\n(b) The  attorney for the parent, attorney for the child, or court-appointed\nspecial advocate, if deemed  appropriate by the court, may present any\nevidence relevant to the determination of a permanency goal for the child.\n(6) Upon  conclusion of the hearing the court shall make  a  written order\ndetermining the permanency plan for the child.\n(7) If necessary, the case may be redocketed for further review of the progress\ntoward  the implementation of the permanency  plan established at the\npermanency  hearing.","path":["KRS Chapter 610"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45706","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"046a7ae68fe6c3cace388ee5c6355ce01e79de7dfb7314a394ec645177322542","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.120","next":"us-ky/krs-610.127"},"notice":"GroundRules: Original legal text. Not legal advice."}