Frequently asked questions
What is “The Cabinet”?
“The Cabinet” is short for The Cabinet for Health and Family Services, which administers programs to promote the mental and physical health of Kentuckians and support Kentucky’s families. Specifically, Child Protective Services workers are who will investigate the report.
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. This however, is under extraordinary circumstances only.
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?
Yes, 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 off of the results of the treatment and the seriousness of the abuse or neglect.
Will the child’s identity stay confidential through and after this process
Yes, Juvenile court records are deemed to be confidential and cannot be disclosed to persons other than:
The Child
The Child’s parent, guardian, or spouse
Victims or other persons authorized to attend a juvenile court hearing
Attorneys of record for the parties
What is Guardianship?
A guardianship provides the guardian with decision-making authority and responsibility over the protected person’s personal affairs. Limited guardianship gives the guardian decision-making authority and responsibility over only selected areas that the protected person has been determined unable to manage by him/herself; for example, a limited guardianship may only apply to healthcare decisions.
What is conservatorship?
A conservatorship is similar to guardianship in that it is a legal relationship between a protected person and one or more individuals appointed by the court to make decisions on behalf of the protected person. However, while a guardianship may encompass all personal affairs (support, care, health, rehabilitation, therapeutic treatment, and if not inconsistent with an order of commitment or custody, the residence) of a protected person, a conservatorship is limited to the management of the property and financial affairs of a protected person. As with guardianship, a conservatorship may be full, limited, temporary, or joint.
Who can be a guardian/conservator?
A family member or other interested individual may petition for the appointment of guardian/conservator for a protected person. However, when a relative or other appropriate person is not qualified or willing to act in this capacity, the Kentucky Cabinet for Health and Family Services may be authorized to act as guardian/conservator for persons under their care.
What are the duties of guardian/conservator?
A guardian/conservator must maintain regular and frequent contact with the protected person to become familiar with the protected person’s needs and limitations, and only exercise their decision-making authority to the extent required by those limitations. The guardian/conservator must respect the fact that their relationship with the protected person is a confidential one, and should encourage the person’s participation in decision-making to the extent possible. Obviously, the guardian/conservator must always act in the best interest of the protected person, and never become involved in a situation that might give the appearance of a conflict of interest. Finally, the court does require that the guardian/conservator provide some information to the court, including information pertaining to the protected person’s finances and personal inventory, and an annual personal status report.
How long will the person be hospitalized if a judge determines that involuntary hospitalization is necessary?
This is all determined by who fills out the Petition to the Court. KRS 202A.051 states that the patient’s hospitalization period will not exceed the sixty (60) consecutive days or three-hundred sixty (360) consecutive days that was requested on the petition.
Will the individual be placed in jail if deemed to need hospitalization?
No, unless the individual has criminal charges pending. The individual will not be held in jail pending evaluation and/or transport to hospital.
What does mentally ill person mean?
A person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of the person’s affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors.
What Checks Qualify for the Bad Check Program?
Checks that have been stamped by the bank stating: Account Closed, No Account, Unable to Locate, and Nonsufficient Funds.
For checks stating Refer to Maker, Held Funds, Overdraft, Uncollected Funds Hold, No Debts Allowed, and Unavailable Funds. For these checks, you must have a statement form the bank showing the status of the account on the date the check was issued.
Checks must have a bank stamp showing presentation to the bank within 30 days of the issue date on the check.
Prosecution of check writers should begin as soon as possible after the check was issues.
The statute of limitations is one (1) year for checks under $500 and is considered a misdemeanor. However, checks over $500 are felonies and do not have a statute of limitations.
What Checks DO NOT Qualify for the Bad Check Program?
Post-dated or held checks
2-party checks, stop-payment checks (unless merchant holds a bingo license)
Checks where both parties knew there were insufficient funds at the time of the transaction.
Check was issued as payment on a loan, as part of an agreement to pay or an open account.
The identity of the check writer is not known.
There is no amount or signature on the check.
The check comes from a Frozen or Blocked account(s)
Checks where the address is a P.O. Box
Checks written on corporate/business accounts (Unless you provide verification from the Secretary of State's Office that the person who signed the check had the authority to do so).
Rent Checks: UNLESS you give possession of the property in exchange for the check, by way of the keys or first month’s rent, or the check was written in response to a threat of eviction. In all other circumstances the rent check is considered as payment on an account and is civil in nature.
Why use the County Attorney’s Office to collect your bad checks?
There is no cost to you.
We collect the face amount of the check, but we also collect an additional merchant fee of $50 for you for each check.
Only this Office can criminally prosecute bad check writers. Collection agencies and check service companies can not use the criminal court system to collect checks.
As a law enforcement agency, our data bases are more extensive and current than check collection agencies and check service companies’ resources.
How the Bad Check Program Works
If you are unable to collect on a bad check someone gives you, you may:
Bring the check to the Campbell County Attorney’s Office at 319 York Street, Newport, Kentucky, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday and we will attempt to collect on that check for you.
You should have a valid street address and be able to identify the maker of the check.
a. If we issue criminal charges, the Sheriff cannot serve the defendant at a P. O. Box address.
If criminal charges are necessary, we will need a date of birth, social security number, or driver’s license number for the Defendant.
After you come to our office, we will then send a letter notifying the party that they have ten (10) days within which to make the check good.
The writer of the check will receive a letter from our office along with a deposit slip to deposit the amount of the check, plus fees, at any Fifth Third Bank location.
Payments that are collected and deposited to that account are mailed to merchants on two designated days each month.
As of February 1, 2009, the bad check fees for the county attorney’s office are $50.00 per check which is charged to the Defendant.
If the individual does not make the check good within ten (10) days, our office will call the merchant to come in to sign criminal charges for THEFT BY DECEPTION.
Once the criminal complaint is signed, the defendant will receive a summons to appear in Court.
You will not need to be present for the arraignment.
If the person pleads guilty at the arraignment, the court will make sure that the defendant is required to pay off the bad check.
If the defendant pleads not guilty, the case will be set for a trial and you will likely be subpoenaed. Rarely, a trial is ever necessary.
We encourage you to bring bad checks to our office as soon as possible after your efforts to collect. The sooner we pursue collection, the better the results. You should not use this service if someone stops payment on a check to you because of a dispute over the quality or quantity of work done for you. We will not issue criminal charges for this type of civil dispute.
We presently handle hundreds of bad check cases every month for many businesses and individuals in Campbell County. We encourage those not presently using this service to begin doing so. As mentioned above, this is a free service provided by this office so that you can receive payment on your bad checks.
How can you protect yourself from cold checks?
Identification, identification, identification!
Always ask for official photo identification; (e.g., a license). Compare the official photo with the person presenting the check. Write down pertinent information correct address, birth date, operator’s license number, phone number.
Never accept a counter check. Maker sure that the check has an imprinted address consistent with that on the identification. Also, note if there is a date on the check that the account was opened.
Compare the signature on the identification to that of the check writer.
Never accept a check with only an imprinted post office number as the address. (Write the address on the ID). Since people do not live at P.O. Boxes, legal papers cannot be served at a P.O. Box.
If you have reservations about accepting a check, verify the check with the bank it is drawn on. You are under no obligation to accept a check. If is your prerogative.
Do not allow the check writer to put his information on the check. It should be done by you, the merchant, for verification.
Are there criminal charges associated with Casey’s Law?
No, the primary purpose of Casey’s law is to get a persons loved one help, even when the person does not know that they need help.
What kind of information do I need to establish a child support order?
It is helpful if you can provide the non-custodial parent's address, social security number, date of birth, employer, bank account numbers, property holdings and investments. Look for this information in old insurance policies, credit card or other applications, state and federal tax returns, hospital records, police records and birth certificates. Also, please provide copies of any existing court orders and records of payments.
If you can provide the non-custodial parent's date of birth, father's name, and mother's maiden name, the child support agency may be able to obtain information from the Social Security Administration, the Internal Revenue Service, the Veterans' Administration, the Department of Defense, the Armed Forces, and/or the Selective Service Administration.
If you can provide the non-custodial parent's social security number, the child support agency can obtain information from all state and federal files. Be aware, however, that finding a non-custodial parent through these sources make take several months.
Who can request a review for modification of a support order and how is a review of a child support obligation requested?
In accordance with 45 Code of Federal Regulations (CFR) 303.8(a), Kentucky Revised Statute (KRS) 405.430(6) and 921 Kentucky Administrative Regulation (KAR) 1:400 Section 3, the following individuals or entities may request a review for possible modification:
The custodial parent.
The noncustodial parent.
A nonparental custodial parent (i.e., grandmother, grandfather, aunt, uncle, etc.)
A foreign reciprocating country or a foreign country with which Kentucky has an arrangement may request a review of their order and the request shall be treated the same as a request by another state in accordance with SSA 454(32)(A) (42 U.S.C. 654(32)(A)).
The noncustodial parent is not paying his/her child support obligation, what can I do?
Contact your child support caseworker and request that enforcement action be taken. There are many enforcement remedies that may be used by child support staff to enforce a child support order. Some examples include: court action, income withholding, denial or suspension of a driver’s or professional license, intercept of lottery winnings, intercept of state or federal taxes, and denial of a passport.
What is the age of emancipation in Kentucky?
KRS 405.020(1) provides that…“The father shall be primarily liable for the nurture and education of his children who are under the age of eighteen (18) when the child is a full-time high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years.”
How do I request that my child support check be deposited in my bank account?
Contact your caseworker at the Child Support office to request an application for direct deposit or make the request through the Kentucky Child Support Interactive Website: https://csws.chfs.ky.gov/csws/
What if the noncustodial parent lives in another state?
Even if the noncustodial parent lives in a different state, a child support case can be opened at the local child support office. The local child support office can work with the other state to establish or enforce the support order. The same location resources and services are available in all states. Although interstate cases are more difficult and generally take longer, new federal legislation and more computer links between states are improving interstate processing of child support.
She/he never lets me see the kids. Why do I have to pay child support?
The legal obligation to pay child support is completely separate from the issue of visitation rights. If you are court ordered to pay child support, you must do so regardless of when or if you see the children. If there is a court order giving you visitation and the custodial parent refuses to let you see the children, your recourse is to file a motion with the court asking that he/she be held in contempt of court.