Kentucky Statutes 610.127 – Parental circumstances negating requirement for reasonable efforts to reunify child with family
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Reasonable efforts as defined in KRS § 620.020 shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction determines that the parent has:
(1) Subjected the child to aggravated circumstances as defined in KRS § 600.020;
(2) Been convicted in a criminal proceeding of having caused or contributed to the death of another child of the parent;
(3) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent;
(4) Had their parental rights to another child terminated involuntarily;
(5) Engaged in a pattern of conduct due to a substance use disorder as defined in KRS
222.005 for a period of not less than ninety (90) days that has rendered the parent incapable of caring for the immediate and ongoing needs of the child, and the parent has refused or failed to complete available treatment for alcohol or other drug abuse;
(6) Mental illness as defined in KRS § 202A.011 or is an individual with an intellectual disability as defined in KRS § 202B.010 or other developmental disability as defined in KRS § 387.510 that places the child at substantial risk of physical or emotional injury even if the most appropriate and available services were provided to the parent for twelve (12) months;
(7) Sexually abused the child or is required to register on a sex offender registry under
42 U.S.C. § 16913, the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248; or
(8) Other circumstances in existence that make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the best interests of the child and with the permanency plan for the child.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 29, effective June 27, 2019. — Amended
2013 Ky. Acts ch. 79, sec. 4, effective June 25, 2013. — Amended 2012 Ky. Acts ch.
146, sec. 138, effective July 12, 2012. — Amended 2004 Ky. Acts ch. 116, sec. 17, effective July 13, 2004. — Amended 2002 Ky. Acts ch. 87, sec. 3, effective July 15,
2002. — Created 2000 Ky. Acts ch. 60, sec. 4, effective July 14, 2000.
(1) Subjected the child to aggravated circumstances as defined in KRS § 600.020;
Terms Used In Kentucky Statutes 610.127
- 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.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(2) Been convicted in a criminal proceeding of having caused or contributed to the death of another child of the parent;
(3) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent;
(4) Had their parental rights to another child terminated involuntarily;
(5) Engaged in a pattern of conduct due to a substance use disorder as defined in KRS
222.005 for a period of not less than ninety (90) days that has rendered the parent incapable of caring for the immediate and ongoing needs of the child, and the parent has refused or failed to complete available treatment for alcohol or other drug abuse;
(6) Mental illness as defined in KRS § 202A.011 or is an individual with an intellectual disability as defined in KRS § 202B.010 or other developmental disability as defined in KRS § 387.510 that places the child at substantial risk of physical or emotional injury even if the most appropriate and available services were provided to the parent for twelve (12) months;
(7) Sexually abused the child or is required to register on a sex offender registry under
42 U.S.C. § 16913, the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248; or
(8) Other circumstances in existence that make continuation or implementation of reasonable efforts to preserve or reunify the family inconsistent with the best interests of the child and with the permanency plan for the child.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 29, effective June 27, 2019. — Amended
2013 Ky. Acts ch. 79, sec. 4, effective June 25, 2013. — Amended 2012 Ky. Acts ch.
146, sec. 138, effective July 12, 2012. — Amended 2004 Ky. Acts ch. 116, sec. 17, effective July 13, 2004. — Amended 2002 Ky. Acts ch. 87, sec. 3, effective July 15,
2002. — Created 2000 Ky. Acts ch. 60, sec. 4, effective July 14, 2000.