KRS § 625.090 — KY Code / Title LI / Chapter 625 / Section 625.090
625.090 Grounds for involuntary termination of parental rights
Status: in_force

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(1), by a court of competent jurisdiction;

2. The child is found to be an abused or neglected child, as defined in KRS

600.020(1), 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 the 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) No termination of parental rights shall 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(9), or an intellectual 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(1) 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 lasting 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(1) 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.