Kentucky Statutes 625.040 – Petition
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(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.
(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.