Kentucky Statutes 625.070 – Service of process — Copy of petition to foster parent
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(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.
(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.
Terms Used In Kentucky Statutes 625.070
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.