KRS § 625.050 — KY Code / Title LI / Chapter 625 / Section 625.050
625.050 Requirements and conditions of petition
Status: in_force

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 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.