Terms and Definitions

Adjudicatory Hearing: Held by the juvenile and/or family court to determine if there is enough evidence to prove that a child was abused, neglected, or abandoned or whether another legal basis exists for the state to intervene to protect the child. Also referred to as a “fact-finding hearing.”

Adoption: When one adopts a child, they have all the rights and responsibilities of a biological parent. The birth parents no longer have any rights.

Best interests of the child: The debate the court has when deciding what type of services, actions, and orders will best serve a child.

Benefind: Public Assistance programs access for services such as food, cash, and medical assistance. Many DCBS services are accessed through Benefind: https://benefind.ky.gov

Cabinet for Health and Family Services (CHFS): State agency that oversees the healthcare and safety of children and adults. https://chfs.ky.gov/

Case Permanency Plan: The casework document that outlines the outcomes, goals, and tasks necessary to ensure the safe return of the child.

Child Care Assistance Program (CCAP): Monetary assistance for child care.

Child Protective Services (CPS): The social services agency designated to receive reports, conduct investigations and assessments, and provide intervention and treatment services to children and families in which child maltreatment is reported to have occurred.

Court-Appointed Special Advocate (CASA): A person, usually a volunteer appointed by the court, who works to ensure that the needs and interests of a child are fully protected.

Custody: When one is responsible for supporting and providing care for the child. In certain states, a child's parents may still retain some of their rights — even if another has physical custody. A parent can voluntarily relinquish custody of a child to another through a written legal agreement, or it can be formally ordered by the court.

De Facto Custodian: A de facto custodian is a grandparent or other caregiver other than a biological parent who has been the primary caregiver and financial supporter of a child for at least the minimum time required under the statute. A grandparent or other caregiver of a child who qualifies as a de facto custodian has the legal right to be heard by a Kentucky court in a custody case. Without de facto custodian status, a kinship caregiver cannot seek custody of a grandchild without first proving that the biological parents are unfit to serve as parents.

Department of Community Based Services (DCBS): Child and adult protection agency, including foster care. Provides essential services for families in need. https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx

Dependency Neglect and Abuse (DNA): When basic essential care and protection is not given to a child. Failure to provide basic supervision, shelter, clothing, education or care. A parent allows risk and/or sexual abuse and exploitation.

Dispositional Hearing: Hearings to determine what needs to happen with the child and the family while the case in is discussion (ex. where the child will live, who will have legal custody, and what services are needed to reduce the risk and to address the effects of maltreatment.

Due Process: The principle that every person is entitled to a fair and unbiased legal process.

Family First Prevention Services Act (FFPSA): Part of Bipartisan Budget Act (HR 1892) that provides federal funds for evidence based kinship navigator funds.

Fictive Kin: People not related by birth or marriage who have an emotionally significant relationship with an individual.

Foster Care: A substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility.

Guardian ad litem (GAL): A lawyer appointed by the court who represents a child in any case involving child abuse. Usually this person considers the best interests of the child and may perform a variety of roles, including those of independent investigator, advocate, advisor, and guardian for the child.

Guardianship: When one has the duty to care for a child if the child is taken away from their parent (or other legal guardian) by the courts. In some states, when someone takes guardianship of a child, a parent loses all their rights. The terms "custody" and "guardianship" can be mean different things in different states, so it is important to get the correct information for where you live.

Informal Kinship Care: Children who live with relatives or close family friends who have varying types of custody depending on arrangements made within those families.

Informal Custody: An informal arrangement that is not within the court system. Most often arranged by parents or formal guardian and caregiver.

Medicaid: Assistance program that provides health care coverage for low income children and their parents guardians and caretakers, disabled and blind individuals.

Kentucky Children’s Health Insurance Program (KCHIP): Federal program providing free or low cost health insurance for Kentucky’s children.

Kentucky Transitional Assistance Program (KTAP): Monetary assistance program that provides financial assistance to needy dependent children in Kentucky and the parents, or relatives with whom the children are living.

Kinship Care: Children who were placed with relatives or close family friends as a result of an investigation and removal by DCBS. Custody of the child is maintained by the relative or the Department of Community Based Services.

Legal Guardian: An adult to whom the court has given parental responsibility and authority for a child. Appointment as guardian requires the filing of a petition and approval by the court and can be done without terminating the parental rights of the child’s parents.

Mediation: A voluntary process that allows the parties involved to agree on a permanency decision in the best interests of the child with the help of a trained, neutral, third party. Mediation generally avoids confrontational court hearings.

Memory Book: A binder or scrap book for a child to keep pictures and memorabilia as they grow up.

Permanency Plan (PP): Addresses the needs of the child. Part of establishing permanency with either parents or caregivers.

Permanency Hearing: Determines if a child should be reunited with parents or termination of parental rights.

Protective Custody: A form of custody required to remove a child from his or her home and place in out-of-home care. Law enforcement may place a child in protective custody based on an independent determination that the child’s health, safety, and/or welfare is jeopardized. A child can also be placed in protective custody by court order.

Putative Father: Legal term for a man who is not married to the child’s mother and who is alleged or claims to be the biological father of a child.

Relative Foster Care: Children placed with relatives who have become certified as foster parents- custody of the child is maintained by the Department of Community Based Services.

Relative Placement Benefit (RPB): A $350 benefit for a child when first placed with a relative caregiver.

Relinquishment: The voluntary termination or release of all parental rights and duties that legally frees a child to be adopted. This is sometimes referred to as a “surrender,” or as making an adoption plan for one’s child.

Review Hearing: Held by the juvenile or family court to review case progress (usually every 6 months) and to determine the need for continued court oversight.

Safety Plan: A casework document developed when it is determined that a child is at risk of serious harm. In the safety plan, the caseworker targets the factors that are causing or contributing to the risk of imminent, serious harm to the child and identifies, along with the family, the interventions that will control the safety factors and assure the child’s protection.

Service Agreement: The casework document developed between the caseworker and the family that outlines the tasks necessary to achieve case goals and outcomes. A service agreement may also be known as a case plan.

Supplemental Nutrition Assistance Program (SNAP): State funded program to help low income families buy food.

Temporary Custody: Temporary arrangement by courts while the parental rights have been suspended.

Termination of Parental Rights (TPR): The voluntary or involuntary relinquishment of parental legal rights for the care, custody, and control of a child.

Women, Infants and Children (WIC): Short term supplemental nutrition program that helps expectant mothers, new mothers and/or infants and children under the age of 5.