The Boyle County Attorney’s Office represents the Commonwealth of Kentucky in juvenile proceedings before the district and family courts. These cases are comprised of Dependency, Neglect, and Abuse (DNA) actions, status offenses, and public offenses.
The goal of the County Attorney’s office is the care and protection of the child in juvenile family court cases. These proceedings are not criminal in nature, and the goal of all dependency, neglect, and abuse cases is, through the appropriate treatment and therapies, to reunify the child with the family.
Child abuse is a serious crime that can be prosecuted under the Kentucky Penal Code; however, the juvenile family court proceedings are independent of any criminal proceedings. It is possible to have both criminal and family court proceedings prosecuted at the same time.
Frequently-Asked Questions
Can the Child Protective Service worker take the child into custody without the case first going to court?
Yes, the caseworker has the ability to get an Emergency Custody Order to remove the child, if the child will be in immediate danger if not immediately taken into custody.
What findings are necessary for the CPS worker to determine neglect or abuse?
The workers classify each investigation as either “substantiated” or “unsubstantiated.” If the worker determines that the report is unsubstantiated, this means that there was not enough credible evidence found to determine neglect or abuse occurred.
Will the parents be able to get their children back if removed?
There are periodic reviews of the case by the court. The goal of these is to reunite the child with his/her parents once the treatment has been completed. The parents’ rights can be fully terminated and a permanent plan for the child will be put into place based on the results of the treatment and the seriousness of the abuse or neglect.
