FCRPP 28.Reviews
Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026
Full Text of FCRPP 28
Amendment History
Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.
HISTORY: Adopted by Order 2020-1, eff. 2-1-20
Plain-English Summary
The statutory annual permanency hearing is the floor, not the whole schedule. This rule builds three more reviews on top of it.
The permanency progress review comes no later than 6 months after a child is placed in foster care, with a non-custodial parent, or with another person or agency — for a child who was sixteen years of age or younger when the petition was filed. It is the mid-year check on whether the plan is working.
The independent living review looks forward instead of back. Where the child remains in foster care or committed to the state agency, the court holds it at least 6 months before the child turns 18, to make sure independent living training and other appropriate services are in the case plan and are actually being provided. It exists because a child who ages out without those services ages out into nothing.
The third review governs the most restrictive placements. Within 5 days of placing a child in a qualified residential treatment program the agency files a notice and requests a review hearing, giving the date, the provider and the location. Within 30 days it files an assessment of whether the placement is appropriate and necessary. The court then reviews every such placement and makes findings within 60 days: reviewing that assessment, determining whether the child's needs could be met in a foster family home and if not whether the program is the most effective and appropriate level of care in the least restrictive environment consistent with the child's short- and long-term goals, and approving or disapproving the placement.
Frequently Asked Questions
How soon after placement is the first review in Kentucky?
A permanency progress review is conducted no later than 6 months after the child is placed in foster care, with a non-custodial parent, or with another person or agency, where the child was sixteen years of age or younger when the petition was filed.
What is the independent living review?
A review held at least 6 months before the child turns 18, where the child remains in foster care or committed to the state child welfare agency, to ensure independent living training and other appropriate services are in the case plan and are being provided.
How quickly is a residential treatment placement reviewed?
The agency files a notice and request for a review hearing within 5 days of the placement and an assessment within 30 days, and the court makes findings within 60 days of the placement.
What must the court decide about a residential placement?
Whether the child's needs can be met in a foster family home, or if not whether the program provides the most effective and appropriate level of care in the least restrictive environment consistent with the child's short- and long-term goals — and it approves or disapproves the placement.