Section 3 - Family Recovery Court Programs Referral and Eligibility(1) In those jurisdictions having a family recovery court program, a parent or person exercising custodial control in a pending dependency, neglect or abuse case may be referred to family recovery court program at any time during the dependency, neglect or abuse case.(2) A person may be eligible to participate in a family recovery court program if: (a) The alleged dependency, neglect or abuse in the case is primarily due to substance use.(b) The potential participant has no untreated chronic psychosis or severe acute mental health issues that are not drug-induced that prevent the participant from meaningfully participating or fulfilling program responsibilities.(c) The potential participant resides in the same county as the family recovery court program or resides in a surrounding county with transportation and meets the local family recovery court program guidelines.(d) The Cabinet is not eligible for a waiver of making reasonable efforts to return the child to the potential participant.(e) The potential participant is not subject to a pending, or granted, motion for goal change from return to parent in the subject dependency, neglect or abuse action or a pending action for termination of parental rights of another child.(f) Participation in the family recovery court program is deemed appropriate after completion of an eligibility assessment by an approved clinician.(g) The potential participant has observed the required sessions of the family recovery court program, with consent of the observed participants, and then agrees to participate in the program by entering into a Family Recovery Court Program Participant Agreement.Ky. Admin. P. Ct. Justice. 3
Adopted by order 2024-18, eff. 6/18/2024.