TERMINATION OF PARENTAL RIGHTS

KRS tit. LI, ch. 625

in effect

KRS 625.010 Repealed, 1988

625.010. Repealed, 1988 Catchline at repeal: Definitions. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 97, effective July 1, 1987.

KRS 625.020 Jurisdiction

625.020. Jurisdiction The Circuit Court shall have jurisdiction of proceedings under this chapter. In any case where the consent form under KRS 625.0403 is filed with the District Court, the District Court shall have jurisdiction of voluntary termination proceedings under this chapter. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 37, sec. 2, effective July 15, 2024. -- Created 1986 Ky. Acts ch. 423, sec. 98, effective July 1, 1987.

KRS 625.025 Extension of wardship to age twenty-one

625.025. Extension of wardship to age twenty-one In the case of a child who has become a ward of the Cabinet for Health and Family Services as a result of a termination of parental rights judgment entered against the child's parents, and who remains a ward of the cabinet upon attainment of his or her eighteenth birthday, the cabinet, in its discretion, upon request of the ward, may extend its wardship to age twenty-one (21) for the purpose of the child's participating in state or federal educational programs or to assist the child in establishing independent living arrangements. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 668, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 57, sec. 17, effective March 17, 1998.

KRS 625.030 Repealed, 1988

625.030. Repealed, 1988 Catchline at repeal: Putative father party to proceedings. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 99, effective July 1, 1987.

KRS 625.040 Petition

625.040. Petition (1) A petition for the voluntary termination of parental rights shall be entitled "In the interest of..., a child." The petition may be filed by a parent or counsel when the appearance-waiver and consent-to-adopt forms are signed by the parent, counsel, and cabinet representative under the conditions described in KRS 625.041(3) and (4). (2) The petition for the voluntary termination of parental rights shall be filed in the Circuit Court of the judicial circuit where the petitioner or child resides or in the Circuit Court in the county in which juvenile court actions, if any, concerning the child have commenced, and shall be verified and contain the following: (a) Name and place of residence of each petitioner; (b) Name, sex, date of birth, and place of residence of the child; (c) Name and relationship of each petitioner to the child; (d) A concise statement of the factual basis for the termination of parental rights; (e) Name and address of the person or of the cabinet or authorized agency to which parental rights are sought to be transferred; and (f) A statement that the person, cabinet, or authorized agency to whom custody is to be given has facilities available, is willing to receive the custody of the child, and the person, if not excepted by KRS 199.470(4), has applied for the written permission of the secretary or the secretary's designee for the child's placement. This provision shall not affect the right of a court to grant temporary custody under KRS 199.473. (3) No petition may be filed under this chapter prior to three (3) days after the birth of the child. (4) Any petition filed pursuant to this section shall be fully adjudicated and a final judgment shall be entered by the court within six (6) months of the filing of the petition. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 38, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 57, sec. 11, effective March 17, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 14, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 63, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 100, effective July 1, 1987.

KRS 625.041 Party to action -- Guardian ad litem to be appointed

625.041. Party to action -- Guardian ad litem to be appointed (1) The parties to an action for voluntary termination of parental rights shall be the parent seeking termination, whose presence is not required if represented by counsel for the parent when an appearance -waiver and consent-to-adopt form is filed with the court, but the court shall appoint a guardian ad litem to represent the best interest of the child, unless one has already been appointed in a proceeding under KRS Chapter 620. (2) The guardian ad litem shall be paid a fee to be fixed by the court, not to exceed five hundred dollars ($500), to be paid by the petitioner, except if the Cabinet for Health and Family Services receives custody of the child, the guardian ad litem shall be paid by the Finance and Administration Cabinet. (3) The parent may sign an appearance-waiver and consent-to-adopt form when the parent chooses not to attend a voluntary termination of parental rights proceedings. This form, prescribed by the Administrative Office of the Courts, shall: (a) Contain a statement of acknowledgment and agreement, regarding the appearance at the proceeding, signed by the parent, counsel for the parent, and the cabinet. If the parent is a minor, the form shall also be signed by the guardian of the minor parent; (b) Contain the parent's notarized signature; (c) Contain any address to which the parent requests the final judgment be served. (4) If a joint petition is filed, counsel shall be designated as attorney for both parties. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 37, sec. 3, effective July 15, 2024. -- Amended 2005 Ky. Acts ch. 99, sec. 669, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 57, sec. 12, effective March 17, 1998; and ch. 426, sec. 620, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 350, sec. 64, effective April 10, 1988.

KRS 625.042 Conduct of hearings

625.042. Conduct of hearings (1) Within three (3) days after a petition for the voluntary termination of parental rights is filed, the Circuit Court shall set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed. In any case in which the child's permanent custody is proposed to be transferred to an individual not excepted by KRS 199.470(4), a final order of termination shall be entered only if the proposed custodian has received the written approval of the secretary or the secretary's designee for the child's placement as required by KRS 199.473. The secretary or the secretary's designee shall provide written approval or disapproval, if required by this subsection, within thirty (30) days after the request is made. (2) The Circuit Court shall require notice to be served upon the local representative of the cabinet in any case in which a statement from the cabinet of willingness to accept custody of the child has not been filed with the petition, or custody of the child is to be placed with an individual unless the placement has been approved by the cabinet. It shall not be necessary to serve notice upon the cabinet if custody of the child is to be placed with the cabinet or with a child-placing agency. (3) Proceedings under this chapter shall be completed as soon as practicable but shall not exceed six (6) months. All hearings shall be held before the Circuit Court privately for the purpose of determining the facts. (4) An official stenographic or mechanical record shall be made of the proceedings and retained for a period of five (5) years. (5) The best interests of the child shall be considered paramount, including but not limited to matters relating to child support. (6) At the time of the hearing, the Circuit Court, after full and complete inquiry, shall determine whether each petitioner is fully aware of the purpose of the proceedings and the consequences of the provisions of this chapter. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 39, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 57, sec. 10, effective March 17, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 15, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 350, sec. 65, effective April 10, 1988.

KRS 625.043 Termination orders

625.043. Termination orders (1) If the Circuit Court determines that parental rights are to be voluntarily terminated in accordance with the provisions of this chapter, it shall make an order terminating all parental rights and obligations of the parent and releasing the child from all legal obligations to the parent and vesting care and custody of the child in the person, agency, or cabinet the court believes is best qualified to receive custody. (2) Upon consent by the Cabinet for Health and Family Services, the child may be declared a ward of the state and custody vested in the cabinet or in any child-placing agency or child-caring facility licensed by the cabinet or in another person if all persons with parental rights to the child under the law have had their rights terminated voluntarily or involuntarily. If the other person is not excepted by KRS 199.470(4), a grant of permanent custody shall be made only if the proposed custodian has received the written approval of the secretary or the secretary's designee for the child's placement. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 40, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 670, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 621, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 16, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 350, sec. 66, effective April 10, 1988.

KRS 625.044 Child's right to inherit following termination

625.044. Child's right to inherit following termination Following the entry of an order voluntarily terminating parental rights in a child, the child shall retain the right to inherit from his parent under the laws of descent and distribution until the child is adopted. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 67, effective April 10, 1988.

KRS 625.045 Confidentiality and sealing of files and records

625.045. Confidentiality and sealing of files and records (1) Any order resulting from the voluntary termination of parental rights of any person under the provisions of this chapter, including the caption of the order, shall contain only the name of the child, without any reference to the names of the parents whose rights have been terminated. Such order shall be duly recorded in the order book of the Circuit Court and a certified copy of the order given to the petitioner and to the cabinet upon request. Such order may contain a statement of authority to place the child for adoption. (2) The files and records of the Circuit Court, excluding the name or other identifying information of a prospective adoptive parent, during proceedings for voluntary termination of parental rights shall not be open to inspection by persons other than parties to such proceedings, their attorneys, and representatives of the cabinet, except under order of the court expressly permitting inspection. Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person other than representatives of the cabinet without a written order of the court or as authorized by the provisions of KRS Chapter 199. (3) No person having charge of any voluntary termination records shall disclose the names of any parties appearing in such records or furnish any copy of any such records, except upon order of the court which entered the judgment of termination; however, facts necessary in order to secure a court order for a copy of the termination order to be used in an adoption proceeding may be disclosed. The clerk of the Circuit Court shall set up a separate docket and order book for termination cases and these files and records shall be kept locked. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 68, effective April 10, 1988.

KRS 625.046 Effect of termination order

625.046. Effect of termination order Any order for the voluntary termination of parental rights shall be conclusive and binding on all parties. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 69, effective April 10, 1988.

KRS 625.050 Requirements and conditions of petition

625.050. Requirements and conditions of petition (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 age ncy 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 i s 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 recover y 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. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 26, sec. 5, effective June 27, 2025. -- Amended 2018 Ky. Acts ch. 159, sec. 41, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 66, sec. 20, effective March 25, 2015; and ch. 82, sec. 2, effective June 24, 2015. -- Amended 1988 Ky. Acts ch. 350, sec. 70, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 101, effective July 1, 1987.

KRS 625.060 Parties to action -- Intervention of foster parent

625.060. Parties to action -- Intervention of foster parent (1) In addition to the child, the following shall be the parties in an action for involuntary termination of parental rights: (a) The petitioner; (b) The cabinet, if not the petitioner; and (c) The biological parents, if known and if their rights have not been previously terminated. It shall not be necessary to make the putative father a party if he is exempted by KRS 625.065. (2) Any party other than the child who is not the petitioner shall be a respondent. (3) A foster parent of a child who is currently placed with the foster parent for a minimum of six (6) months may intervene as a matter of right in any action for the involuntary termination of parental rights involving a child who is placed with the foster parent, provided the cabinet has no concerns related to maltreatment of the child while in the foster parent's care. Such intervention may be made anonymously or in the true name of the foster parent. If proceeding anonymously, the foster parent shall be identified by initials and shall receive service through his or her counsel or, if not represented by counsel, by providing a preferred mailing address to receive notices from the court and other parties. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 180, sec. 4, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 14, sec. 1, effective March 16, 2020. -- Amended 2019 Ky. Acts ch. 132, sec. 5, effective June 27, 2019. -- Amended 1998 Ky. Acts ch. 57, sec. 13, effective March 17, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 71, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 102, effective July 1, 1987.

KRS 625.065 Putative father party to proceedings

625.065. Putative father party to proceedings (1) The putative father of a child shall be made a party and brought before the circuit court in the same manner as any other party to an involuntary termination action if one (1) of the following conditions exists: (a) He is known and voluntarily identified by the mother by affidavit; (b) He has registered with the cabinet pursuant to KRS 199.503 as a putative father prior to the birth of the child, or if he did not have notice prior to the birth of the child, within twenty-one (21) days after the birth of the child; (c) He has caused his name to be affixed to the birth certificate of the child; (d) He has commenced a judicial proceeding claiming parental right; (e) He has contributed financially to the support of the child, either by paying the medical or hospital bills associated with the birth of the child or financially contributing to the child's support; or (f) He has married the mother of the child or has lived openly or is living openly with the child or the person designated on the birth certificate as the biological mother of the child. (2) Any person to whom none of the above conditions apply shall be deemed to have no parental rights to the child in question. Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 5, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 34, effective July 14, 2018. -- Created 1988 Ky. Acts ch. 350, sec. 72, effective April 10, 1988.

KRS 625.070 Service of process -- Copy of petition to foster parent

625.070. Service of process -- Copy of petition to foster parent (1) In any action for involuntary termination of parental rights, service upon the parties shall be accomplished by personal service where possible or constructive service where personal service is not possible, pursuant to the Kentucky Rules of Civil Procedure. (2) No service shall be necessary if a disclaimer of paternity or a petition for voluntary termination of parental rights has been executed by a parent or alleged parent and filed in the record, or an order terminating parental rights has been entered by a Circuit Court of competent jurisdiction. (3) Notwithstanding the provisions of the Kentucky Rules of Civil Procedure, appointment of a guardian ad litem for a child in an action for termination of parental rights, and service of the petition upon the guardian ad litem shall be sufficient for personal jurisdiction over the child in the action. (4) Within five (5) days of filing a petition for involuntary termination of parental rights, the petitioner shall send a courtesy copy of the petition to the foster parent, if the child is currently placed with a foster parent, by certified mail or hand delivery. Upon request of the court, the petitioner shall provide documentation of sending through either a copy of a signed mailing receipt or an affidavit verified by the foster parent. If the foster parent's name and address are unknown to the petitioner, then the courtesy copy shall be served on the secretary of the Cabinet for Health and Family Services, who shall cause it to be delivered in any manner provided by the Rules of Civil Procedure to the foster parent. Effective: March 16, 2020 History: Amended 2020 Ky. Acts ch. 14, sec. 2, effective March 16, 2020. -- Amended 1998 Ky. Acts ch. 57, sec. 14, effective March 17, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 73, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 103, effective July 1, 1987.

KRS 625.080 Conduct of hearings

625.080. Conduct of hearings In any involuntary action for termination of parental rights: (1) The Circuit Court shall conduct a private hearing. An official stenographic or mechanical record shall be made of the proceedings and retained for a period of five (5) years. The court shall make findings of fact and conclusions of law, which may be made on the record, to support its judgment; (2) Any child to whom an involuntary action directly relates shall be made a party to the action and a guardian ad litem shall be appointed to represent the best interests of the child. The person appointed as a guardian ad litem shall be paid a fee not to exceed five hundred dollars ($500), to be paid by the Finance and Administration Cabinet when the cabinet is the proposed custodian. When the cabinet is not the proposed custodian, the court may order the cost to be paid by the proposed adoptive parent, parents, agency, or the petitioner. Upon motion of any party, the child may be permitted to be present during the proceedings and to testify if the court finds such to be in the best interests of the child. In its discretion, the Circuit Court may interview the child in private, but a record of the interview shall be made, which, in the discretion of the court, may be sealed to be used only by an appellate court; (3) The parents have the right to legal representation in involuntary termination actions. The Circuit Court shall determine if the parent is indigent and, therefore, entitled to counsel pursuant to KRS Chapter 31. If the Circuit Court so finds, the Circuit Court shall inform the parent; and, upon request, if it appears reasonably necessary in the interest of justice, the Circuit Court shall appoint an attorney to represent the parent pursuant to KRS Chapter 31 to be provided or paid for by the Finance and Administration Cabinet a fee to be set by the court and not to exceed five hundred dollars ($500); (4) If the parent is currently authorized to visit with the child, the court may continue to permit the parent to visit the child pending the final hearing unless it finds that visitation would not be in the best interest of the child. (5) The hearing under this chapter shall be held within sixty (60) days of the motion by a party or the guardian ad litem for a trial date. Effective: March 17, 1998 History: Amended 1998 Ky. Acts ch. 57, sec. 15, effective March 17, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 74, effective April 10, 1988. -- Created 1988 Ky. Acts ch. 423, sec. 104, effective July 1, 1987.

KRS 625.090 Grounds for involuntary termination of parental rights

625.090. Grounds for involuntary termination of parental rights (1) The Circuit Court may involuntarily terminate all parental rights of a parent of a named child, if the Circuit Court finds from the record by clear and convincing evidence that: (a) 1. The child has been adjudged to be an abused or neglected child, as defined in KRS 600.020, by a court of competent jurisdiction; 2. The child is found to be an abused or neglected child, as defined in KRS 600.020, by the Circuit Court in this proceeding; 3. The child is found to have been diagnosed with neonatal abstinence syndrome at the time of birth, unless his or her birth mother: a. Was prescribed and properly using medication for a legitimate medical condition as directed by a health care practitioner that may have led to the neonatal abstinence syndrome; b. Is currently, or within ninety (90) days after the birth, enrolled in and maintaining substantial compliance with both a substance abuse treatment or recovery program and a regimen of prenatal care or postnatal care as recommended by her health care practitioner throughout the remaining term of her pregnancy or the appropriate time after her pregnancy; or c. In the absence of a prescription for the treatment of a legitimate medical condition, agrees, prior to discharge from the hospital, to participate in a court-ordered assessment by a drug treatment provider and the assigning of a certified peer support specialist for referral to appropriate treatment, and agrees to participate in treatment which shall commence within ninety (90) days after the birth; or 4. The parent has been convicted of a criminal charge relating to the physical or sexual abuse or neglect of any child and that physical or sexual abuse, neglect, or emotional injury to the child named in the present termination action is likely to occur if t he parental rights are not terminated; (b) 1. The Cabinet for Health and Family Services has filed a petition with the court pursuant to KRS 620.180 or 625.050; or 2. A child-placing agency licensed by the cabinet, any county or Commonwealth's attorney, or a parent has filed a petition with the court under KRS 625.050; and (c) Termination would be in the best interest of the child. (2) A termination of parental rights shall not be ordered unless the Circuit Court also finds by clear and convincing evidence the existence of one (1) or more of the following grounds: (a) That the parent has abandoned the child for a period of not less than ninety (90) days; (b) That the parent has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury; (c) That the parent has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or emotional harm; (d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to any child; (e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially incapable of providing essential parental care and protection for the child and that there is no reasonable expectation of improvement in parental care and protection, considering the age of the child; (f) That the parent has caused or allowed the child to be sexually abused or exploited; (g) That the parent, for reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being and that there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future, considering the age of the child; (h) That: 1. The parent's parental rights to another child have been involuntarily terminated; 2. The child named in the present termination action was born subsequent to or during the pendency of the previous termination; and 3. The conditions or factors which were the basis for the previous termination finding have not been corrected; (i) That the parent has been convicted in a criminal proceeding of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect; (j) That the child has been in foster care under the responsibility of the cabinet for fifteen (15) cumulative months out of forty -eight (48) months preceding the filing of the petition to terminate parental rights; or (k) That the child has been removed from the biological or legal parents more than two (2) times in a twenty-four (24) month period by the cabinet or a court. (3) In determining the best interest of the child and the existence of a ground for termination, the Circuit Court shall consider the following factors: (a) Mental illness as defined by KRS 202A.011, or an intellectu al disability as defined by KRS 202B.010(9) of the parent as certified by a qualified mental health professional, or a disability as defined in KRS 199.011, if the mental illness, intellectual disability, or disability renders the parent consistently unable to care for the immediate and ongoing physical or psychological needs of the child for extended periods of time; (b) Acts of abuse or neglect as defined in KRS 600.020 toward any child in the family; (c) If the child has been placed with the cabinet, whether the cabinet has, prior to the filing of the petition: 1. Made reasonable efforts as defined in KRS 620.020 to reunite the child with the parents unless one or more of the circumstances enumerated in KRS 610.127 for not requiring reasonable efforts have been substantiated in a written finding by the District Court; or 2. Provided a parent with a disability as defined in KRS 199.011 with targeted adaptive and supportive services based on an individual assessment of the parent, or has received a written acknowledgement from the parent knowingly and affirmatively rejecting the offered services; (d) The efforts and adjustments the parent has made in his or her circumstances, conduct, or conditions to make it in the child's best interest to return the child to his or her home within a reasonable period of time, considering the age of the child; (e) The physical, emotional, and mental health of the child and the prospects for the improvement of the child's welfare if termination is ordered; and (f) The payment or the failure to pay a reasonable portion of substitute physical care and maintenance if financially able to do so. (4) If the child has been placed with the cabinet, the parent may present testimony concerning the reunification, adaptive or supportive services offered by the cabinet, and whether additional services would be likely to bring about l asting parental adjustment enabling a return of the child to the parent. (5) If the parent proves by a preponderance of the evidence that the child will not continue to be an abused or neglected child as defined in KRS 600.020 if returned to the parent, or if the parent proves by a preponderance of the evidence that appropriate and specifically targeted adaptive or supportive services based upon an individual assessment of the parent have not been offered or provided to the parent, the court in its discretion may determine not to terminate parental rights. (6) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter findings of fact, conclusions of law, and a decision as to each parent -respondent within thirty (30) days either: (a) Terminating the right of the parent; or (b) Dismissing the petition and stating whether the child shall be returned to the parent or shall remain in the custody of the state. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 39, effec tive October 1, 2026. -- Amended 2025 Ky. Acts ch. 26, sec. 6, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 223, sec. 3, effective July 14, 2022; and ch. 230, sec. 15, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 132, sec. 6, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 26, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 141, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 60, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 57, sec. 16, effective March 17, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 17, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 75, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 105, effective July 1, 1987.

KRS 625.100 Termination orders

625.100. Termination orders (1) If the Circuit Court determines that parental rights are to be terminated involuntarily in accordance with the provisions of this chapter, it shall enter an order that the termination of parental rights and the transfer of custody are in the best interest of the child, and that each petitioner is fully aware of the purpose of the proceedings and the consequences of the provisions of this chapter. The order shall terminate all parental rights and obligations of such parent and release the child from all legal obligations to such parent and vest care and custody of the child in such person, agency, or cabinet as the court believes best qualified. (2) Upon consent by the Cabinet for Health and Family Services, the child may be declared a ward of the state and custody vested in the cabinet or in any child-placing agency or child-caring facility licensed by the cabinet or in another person, if all persons with parental rights to the child under the law have had their rights terminated voluntarily or involuntarily. If the other person is unrelated to the child, a grant of custody shall be made only with the written approval of the secretary or his designee. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 671, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 622, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 76, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 106, effective July 1, 1987.

KRS 625.104 Child's right to inherit following termination

625.104. Child's right to inherit following termination Following the entry of an order involuntarily terminating parental rights in a child, the child shall retain the right to inherit from his parent under the laws of descent and distribution until the child is adopted. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 77, effective April 10, 1988.

KRS 625.108 Confidentiality and sealing of files and records

625.108. Confidentiality and sealing of files and records (1) Any order resulting from the involuntary termination of parental rights of any person under the provisions of this chapter, including the caption of the order, shall contain only the name of the child, without any reference to the names of the parents whose rights have been terminated. Such order shall be duly recorded in the order book of the Circuit Court and a certified copy of the order given to the petitioner and to the cabinet upon request if the cabinet is not a petitioner. Such order may contain a statement of authority to place the child for adoption. (2) The files and records of the Circuit Court, excluding the name or other identifying information of a prospective adoptive parent, during proceedings for involuntary termination of parental rights shall not be open to inspection by persons other than parties to such proceedings, their attorneys, and representatives of the cabinet except under order of the court expressly permitting inspection. Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person other than representatives of the cabinet without a written order of the court or as authorized by the provisions of KRS Chapter 199. (3) No person having charge of any involuntary termination records shall disclose the names of any parties appearing in such records or furnish any copy of any such records, except upon order of the court which entered the judgment of termination; however, facts necessary in order to secure a court order for a copy of the termination order to be used in an adoption proceeding may be disclosed. The clerk of the Circuit Court shall set up a separate docket and order book for termination cases and these files and records shall be kept locked. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 78, effective April 10, 1988.

KRS 625.110 Appeals

625.110. Appeals Any order for the involuntary termination of parental rights shall be conclusive and binding on all parties, except that an appeal may be taken from a judgment or order of the Circuit Court involuntarily terminating parental rights in accordance with the Kentucky Rules of Civil Procedure. Only an appeal made within thirty (30) days may be considered by the court. The court shall make its final ruling within ninety (90) days after the appeal case is submitted to the appellate bench for decision. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 27, effective July 14, 2018. -- Amended 1988 Ky. Acts ch. 350, sec. 79, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 107, effective July 1, 1987.

KRS 625.115 Involuntary termination of parental rights and foster care placement -- Data collection and annual report requirements

625.115. Involuntary termination of parental rights and foster care placement -- Data collection and annual report requirements (1) By December 1, 2026, and annually thereafter until December 1, 2029, the Administrative Office of the Courts shall col lect data from each Circuit Court detailing the length of time that lapses from the filing of each petition for involuntary termination of parental rights, including any appeals, until the final disposition of the case. The data shall be reported to the Le gislative Research Commission for referral to the Interim Joint Committees on Judiciary and Families and Children. (2) By December 1, 2026, and annually thereafter until December 1, 2029, the Cabinet for Health and Family Services shall collect data detail ing the length of time that each child remains in foster care placement prior to the filing of a petition for involuntary termination of parental rights. The data shall be delineated by county and reported to the Legislative Research Commission for referra l to the Interim Joint Committees on Judiciary and Families and Children. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 68, sec. 10, effective July 15, 2026.

KRS 625.120 Regulations

625.120. Regulations The cabinet shall promulgate regulations to implement the provisions of this chapter. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 108, effective July 1, 1987.

KRS 625.0403 Voluntary termination during pendency of proceedings under KRS Chapter 620 -- Parental election -- Consent form -- Definition

625.0403. Voluntary termination during pendency of proceedings under KRS Chapter 620 -- Parental election -- Consent form -- Definition (1) As used in this section, "voluntary and informed" means that at the time of the execution of the consent, the consenting person was fully informed of the legal effect of the consent, that the consenting person was not given or promised anything of value, that the consenting person was not coerced in any way to execute the consent, and that the consent was voluntarily and knowingly given. If at the time of the execution of the consent the consenting person was represented by independent legal counsel, there shall be a presumption that the consent was voluntary and informed. (2) Notwithstanding KRS 625.040, a parent may elect to voluntarily terminate his or her parental rights during the pendency of a proceeding under KRS Chapter 620 by signing a consent form prescribed by the Administrative Office of the Courts, which shall be filed with the court and contain the fol lowing: (a) Date, time, and place of the execution of the consent; (b) Consenting person's relationship to the child; (c) Name and place of residence of the parent; (d) Name, sex, date of birth, and place of residence of the child; (e) A concise statement of the factual basis for the termination of parental rights; (f) A statement that the consent: 1. Was voluntary and informed; and 2. Will be final and irrevocable seventy -two (72) hours after the execution of the consent. This consent may be withdrawn only by written notification: a. Filed with the court; and b. Sent to the proposed adoptive parent or the attorney of the proposed adoptive parent, if any; on or before the expiration of the seventy -two (72) hours by certified or registered mail and also by first-class mail; (g) A statement that the parent has received a completed and signed copy of the consent at the time of the execution of the consent; (h) Name and address of the individual or of the cabinet or authorized agency to which parental rights are sought to be transferred, if known; (i) A statement that the individual, cabinet, or authorized agency to whom custody is to be given has facilities available, is willing to receive the custody of the child, and in the case of an individual, that he or she, if not excepted by KRS 199.470(4), has applied for the written approval of the secretary or the secretary's designee for the child 's placement; (j) A statement of acknowledgement and agreement waiving the parent's appearance at a hearing, signed by the parent, counsel for the parent, and the cabinet; (k) Any address to which the parent requests the final judgment be served; and (l) The parent's notarized signature. If the parent is a minor, the form shall also be signed by the guardian of the minor parent. (3) The parent seeking termination shall not be required to attend proceedings under this section. (4) A termination order under this section shall be entered only upon a finding by the court that termination would be in the best interest of the child. (5) (a) Proceedings under this section shall otherwise be governed by KRS 625.0405, 625.0407, 625.041, 625.042, 625.043, 625.044, 625.045, and 625.046, but any reference to a petition shall be considered a reference to a consent form under subsection (1) of this section, and any reference to the petitioner shall be considered a reference to the parent seeking termination under this section. (b) If proceedings under this section are in District Court, then any reference to the Circuit Court shall be considered a reference to the District Court, as applicable. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 37, sec. 1, effective July 15, 2024.

KRS 625.0405 Appointment of attorney to represent indigent parent for termination of rights for purpose of adoption -- Expenses paid by prospective adoptive parents to be submitted to court -- Penalty

625.0405. Appointment of attorney to represent indigent parent for termination of rights for purpose of adoption -- Expenses paid by prospective adoptive parents to be submitted to court -- Penalty (1) A parent desiring the termination of his or her parental rights and a transfer of the parental rights to a person, persons, the cabinet, or a child-placing agency licensed by the cabinet for the purpose of adoption may prior to or upon the filing of the petition request the Circuit Court to appoint an attorney to represent the parent and provide legal representation in the termination action. If the court determines pursuant to KRS Chapter 31 that the requesting parent is indigent, the court shall appoint an attorney (within forty-eight (48) hours) to represent the indigent parent. The attorney for the indigent parent shall receive a fee to be fixed by the court, not to exceed five hundred dollars ($500) and assessed as costs, and the court may order the costs to be paid by the proposed adoptive parent, parents, or agency before the entry of a judgment of termination, except the attorney's fee shall be paid by the Finance and Administration Cabinet if termination is not granted, or if custody of the child is placed with the cabinet. (2) (a) In every voluntary termination proceeding, the expenses paid, including but not limited to any fees for legal services, placement services, and expenses of the biological parent or parents, by the prospective adoptive parent for any purpose related to a termination of parental rights shall be submitted to the court, supported by an affidavit, setting forth in detail a listing of the expenses for the court's approval or modification. (b) In the event the court modifies the expense request as it relates to legal fees and legal expenses only, the attorney for the prospective adoptive parents shall not have any claim against the prospective adoptive parents for the amount not approved. (3) Any person who violates subsection (2) of this section shall be guilty of a Class A misdemeanor. Effective: March 17, 1998 History: Amended 1998 Ky. Acts ch. 57, sec. 9, effective March 17, 1998. -- Created 1994 Ky. Acts ch. 242, sec. 18, effective July 15, 1994.

KRS 625.0407 Attorney not to represent both biological and adoptive parents -- Penalty

625.0407. Attorney not to represent both biological and adoptive parents -- Penalty (1) In a voluntary termination proceeding, an attorney shall not represent both the biological parents and the prospective adoptive parents. (2) Any person who violates subsection (1) of this section shall be guilty of a Class A misdemeanor. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 242, sec. 19, effective July 15, 1994.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39424Fetched: 10/20/2026