Kentucky Statutes 199.510 – Investigation and report
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(1) Upon filing a petition for the adoption of a minor child, the clerk of the court shall forward two (2) copies of the petition to the cabinet. The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court:
(a) Whether the contents of the petition required by KRS § 199.490 are true;
(b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and
(c) Whether the adoption is to the best interest of the child and the child is suitable for adoption.
(2) The report of the cabinet or the designated person, agency or institution shall be filed with the court as soon as practicable but not later than ninety (90) days from the placement of the child or ninety (90) days after the filing date of the petition, whichever is longer, unless for good cause the court by written order extends the period of time for filing the report. If the cabinet or the designated person, agency or institution is unable to make the report, it shall within ten (10) days of receipt of the petition notify the court of its inability to conduct the investigation, and the court may designate some other person, agency or institution to make the necessary investigation. If the court designates some other person, agency or institution, the clerk shall forward one (1) copy of the petition to such person, agency or institution and shall notify the cabinet of such other designation at the time he forwards the petition to the cabinet.
(3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be considered its answer to the petition.
(4) The clerk’s fee for copying and forwarding the copies of the petitions required by this section shall be taxed as a cost of the action.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 242, sec. 7, effective July 15, 1994. — Amended
1974 Ky. Acts ch. 121, sec. 2. — Amended 1956 Ky. Acts ch. 157, sec. 12. — Created
1950 Ky. Acts ch. 125, sec. 14.
(a) Whether the contents of the petition required by KRS § 199.490 are true;
Terms Used In Kentucky Statutes 199.510
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 199.011
- Child: means any person who has not reached his eighteenth birthday. See Kentucky Statutes 199.011
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Institution: means a child-caring facility providing care or maintenance for nine
(9) or more children. See Kentucky Statutes 199.011 - Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and
(c) Whether the adoption is to the best interest of the child and the child is suitable for adoption.
(2) The report of the cabinet or the designated person, agency or institution shall be filed with the court as soon as practicable but not later than ninety (90) days from the placement of the child or ninety (90) days after the filing date of the petition, whichever is longer, unless for good cause the court by written order extends the period of time for filing the report. If the cabinet or the designated person, agency or institution is unable to make the report, it shall within ten (10) days of receipt of the petition notify the court of its inability to conduct the investigation, and the court may designate some other person, agency or institution to make the necessary investigation. If the court designates some other person, agency or institution, the clerk shall forward one (1) copy of the petition to such person, agency or institution and shall notify the cabinet of such other designation at the time he forwards the petition to the cabinet.
(3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be considered its answer to the petition.
(4) The clerk’s fee for copying and forwarding the copies of the petitions required by this section shall be taxed as a cost of the action.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 242, sec. 7, effective July 15, 1994. — Amended
1974 Ky. Acts ch. 121, sec. 2. — Amended 1956 Ky. Acts ch. 157, sec. 12. — Created
1950 Ky. Acts ch. 125, sec. 14.