625.050 Requirements and conditions of petition.
576 words·~3 min read·
/ky/chapter-625/625-050A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A petition for involuntary termination of parental rights shall be entitled "In the
interest of ..., a child."
(2)The petition shall be filed in the Circuit Court for any of the following counties:
(a)The county in which either parent resides or may be found;
(b)The county in which juvenile court actions, if any, concerning the child have
commenced; or
(c)The county in which the child involved resides or is present.
(3)Proceedings for involuntary termination of parental rights may be initiated upon
petition by the cabinet, any child-placing agency licensed by the cabinet, any
county or Commonwealth's attorney, or parent.
(4)The petition for involuntary termination of parental rights shall be verified and
contain the following:
(a)Name and mailing address of each petitioner;
(b)Name, sex, date of birth, and place of residence of the child;
(c)Name and address of the living parents of the child;
(d)Name, date of death, and cause of death, if known, of any deceased parent;
(e)Name and address of the putative father, if known by the petitioner, of the
child if not the same person as the legal father;
(f)Name and address of the person, cabinet, or agency having custody of the
child;
(g)Name and identity of the person, cabinet, or authorized agency to whom
custody is sought to be transferred;
(h)Statement that the person, cabinet, or agency to whom custody is to be given
has facilities available and is willing to receive the custody of the child;
(i)All pertinent information concerning termination or disclaimers of parenthood
or voluntary consent to termination;
(j)Information as to the legal status of the child and the court so adjudicating;
and
(k)A concise statement of the factual basis for the termination of parental rights.
(5)No petition may be filed under this section prior to five
(5)days after the birth of
the child.
(6)No petition may be filed to terminate the parental rights of:
(a)A woman solely because of her use of a nonprescribed controlled substance
during pregnancy if she enrolls in and maintains substantial compliance with
both a substance abuse treatment or recovery program and a regimen of
prenatal care as recommended by her health care practitioner throughout the
remaining term of her pregnancy. Upon certified completion of the treatment
or recovery program, or six
(6)months after giving birth during which time
substantial compliance with a substance abuse treatment or recovery program
has occurred, whichever is earlier, any records maintained by a court or by the
cabinet relating to a positive test for a nonprescribed controlled substance
shall be sealed by the court and may not be used in any future criminal
prosecution or future petition to terminate the woman's parental rights; or
(b)Any parent solely because of a disability as defined in KRS 199.011 unless
the parent has been provided, or unless the parent has knowingly and
affirmatively rejected in writing, adaptive and supportive services based on an
individual assessment of the parent.
(7)Any petition filed pursuant to this section shall:
(a)Include a copy of any individual assessment required under subsection
(6)of
this section and the services provided pursuant to the assessment, or the
rejection of offered services signed by the parent; and
(b)Be fully adjudicated and a final judgment shall be entered by the court within
six
(6)months of the service of the petition on the parents.