Ky. Cir. Ct. Clerks' Manual ADOPTIONS

1 ADOPTIONS

KRS 199.470 - 199.630

Circuit Court or Family Court Division of Circuit Court Process Map

1.1 Confidentiality

Adoption cases are confidential. You may not disclose the names of any parties or furnish any

copy of the records except on court order. KRS 199.570(1).

Pending case files and records are not open to inspection by anyone except:

• The parties;

• Their attorneys; and

• The Cabinet for Health and Family Services.

1.2 Temporary Custody

 KRS 199.473 provides for the process to file for temporary custody in anticipation Quick Reference

of filing an adoption petition. If you receive a petition for custody with intent to

adopt, it may be filed as an AD case type using the steps below.

1. Upon receipt of a Petition for Adoption, collect filing fees as set forth in

the Accounting Manual and give a receipt. Do not stamp FILED or

process the petition until the filing fees are paid.

EXCEPTIONS: The following are exempted from filing fees:

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

2. Open the case in the confidential CO division of KYCourts following Confidential CO

instructions in the Case Add section of the KyCourts Manual. Generate the Case AD

next case for AD adoption cases or use the next pre-numbered file folder. Case type ADPT

Use the case type ADPT.

3. If the petitioner is seeking to proceed in forma pauperis, the petition must

be accompanied by a Motion for Leave to Proceed In Forma Pauperis and

a supporting affidavit, or AOC Form 026. See Section 57 Motion for Leave

to Proceed In Forma Pauperis for instructions on how to process a Motion for Leave to

Proceed In Forma Pauperis and the tendered petition. DO NOT proceed with the

following steps unless filing fees have been paid, In Forma Pauperis has been granted, or

the petitioner is the Commonwealth.

ADOPTIONS

4. Apply the FILED stamp to the petition; add the date and your initials. Quick Reference

5. Issue and serve summons and the petition per the initiating party’s

instructions. See Service of Process. File, date, initial

NOTE: A civil summons may be issued on holidays and served on Sundays and

holidays. KRS 454.125.

6. Send notice of the petition (2 copies) to Cabinet for Health and Family

Services (CHFS) to investigate.

NOTE: If the court designates some other person, agency, or institution to

make the required investigation, send one copy of the petition, and notify the

Cabinet for Health and Family Services of this designation. Fees for copying

and forwarding are to be taxed as costs. KRS 199.510.

7. Create a six-month review (tickler) from the date of the filing of the

petition. If the adoption is finalized prior to the six-month review,

remember to unschedule (DELSCH) the tickler event.

8. When motions or other pleadings are filed in the case, apply the FILED

stamp; add the date and your initials and file on the appropriate screen.

1.3 Petition for Adoption File, date, initial

 Separate petitions shall be filed for each child and individual case numbers shall

be assigned. All siblings’ files shall be assigned to the same judge. FCRPP

30(2)(a).

 Every petition shall include the case number of any underlying juvenile case,

specifically dependency, neglect or abuse or termination of parental rights cases

and shall include the name of any guardian ad litem previously appointed. FCRPP

30(2)(b).

1. Upon receipt of a Petition for Adoption, collect filing fees as set forth in

the Accounting Manual and give a receipt. Do not stamp FILED or

process the petition until the filing fees are paid.

EXCEPTIONS: The following are exempted from filing fees: File, date, initial

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees Case AD

unless the action is filed in the name of the Commonwealth. Case type ADPT

2. Open the case in the confidential CO division of KyCourts following Confidential CO

instructions in the Case Add section of the KyCourts Manual. Generate the

next case for AD adoption cases or use the next pre-numbered file folder.

Use the case type ADPT. Open the case in the confidential CO division of

KyCourts following instructions in the Case Add section of the KyCourts

Manual.

ADOPTIONS

3. Create a party screen for the child using the child’s current name. Quick Reference

4. If the petitioner is seeking to proceed in forma pauperis, the petition must Create party screen

be accompanied by a Motion for Leave to Proceed In Forma Pauperis and

a supporting affidavit, or AOC Form 026. See Section 57 Motion for Leave

to Proceed In Forma Pauperis for instructions on how to process a Motion

for Leave to Proceed In Forma Pauperis and the tendered petition. DO

NOT proceed with the following steps unless filing fees have been paid, In

Forma Pauperis has been granted, or the petitioner is the File, date, initial

Commonwealth.

5. Apply the FILED stamp to the petition; add the date and your initials. Issue and serve

summons

6. Issue and serve summons and the petition per the initiating party’s

instructions. See Service of Process.

NOTE: A civil summons may be issued on holidays and served on Sundays and Adoptionservicesbranc

holidays. KRS 454.125. h@ky.gov

7. Email copy of the petition to Cabinet for Health and Family Services CHFS

(CHFS) to investigate at Adoptionservicesbranch@ky.gov. Department for

Community Based

NOTE: If the court designates some other person, agency or institution to

Services-

make the required investigation, send one copy of the petition, and notify the

Adoptions Section

Cabinet for Health and Family Services of this designation. Fees for copying

275 E Main St, 3-CE

and forwarding are to be taxed as costs. KRS 199.510.

Frankfort, KY 40621

8. When motions or other pleadings are filed in the case, apply the FILED

File, date, initial

stamp; add the date and your initials and file on the appropriate screen.

When a motion or order sets a hearing, complete a scheduled events Complete scheduled

screen. events screen

9. Pursuant to FCRPP 31(2), in the event of an uncontested adoption, a File, date, initial

hearing shall be held within 60 days of the filing of a request for a final

hearing.

ADOPTIONS

1.4 Guardian Ad Litem

1. Upon receipt of a Petition for Adoption, collect filing fees as set forth in

the Accounting Manual and give a receipt. Do not stamp Filed or process

File, date, initial

the petition until the filing fees are paid.

Document type AFF

2. Consult your roster of attorneys and make an appointment unless your

judge wishes to make these appointments.

3. Prepare AOC Form 115, Appointment of Guardian Ad Litem. Apply the

FILED stamp; add the date and your initials. File on a document screen AOC Form 115

using document type AGAL. File, date, initial

Document type AGAL

4. Attach a copy of the appointment to the summons and complaint to be

served on the defendant through the guardian ad litem. Send a copy of

the appointment to the attorney for the plaintiff and all other parties.

NOTE: If a guardian ad litem is not appointed when the petition is filed, then

the court, not the clerk, appoints a guardian ad litem to defend the action.

You may make this appointment only when the judge is not present in the

county. CR 17.03(2).

5. Complete a party screen for the guardian ad litem. Complete a party

screen

1.5 Appointment of Counsel

A living, biological parent has the right to counsel in an adoption proceeding if he

or she does not consent to the adoption. KRS 199.502. If you receive AOC DNA- Quick Reference

11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order: File, date, initial

1. Apply the FILED stamp to the affidavit; add the date and your initials. Deliver affidavit to

judge

2. Immediately deliver the affidavit to the judge.

Enter, date, initial

3. When an order is received, apply the ENTERED stamp; add the date and

your initials.

Appoint Counsel

4. If the order approves the appointment of counsel, have the judge appoint

an attorney or you may make the appointment if the judge has delegated

this authority to you.

Mail copy to CHFS and

5. Mail a copy of the order of appointment to the attorney, CHFS and the indigent parent(s)

indigent parent(s).

ADOPTIONS

1.6 Adoption Judgment

1. Upon receipt of a signed judgment or order apply the ENTERED stamp to Quick Reference

the judgment or order; add the date and your initials. Enter, date, initial

2. Enter the judgment or order on the document screen in the computer Enter judgment/order

including a brief description in the memo field. Use document type JA. on document screen

3. If the judgment changes the child’s name, create a party screen using the Document type JA

party type NKA (now known as). Do not delete the original party screen.

NKA- now known as

4. Give notice of entry of the judgment to the attorney for petitioners.

5. Email an attested copy of the final judgment, whether granting, denying, Notice of entry

or dismissing the petition, to the Cabinet for Health and Family Services CHFS

at AdoptionServicesBranch@ky.gov. AdoptionServicesBranch

NOTE: This includes any amendment, reversal, modification, or vacation of @ky.gov

the judgment. KRS 199.520(3), 199.570(5).

1.6.1 VS 102 Forms

If Vital Statistics Form VS 102 (Adoption Information) is not filed concurrently

with the petition, furnish the form to the petitioner or attorney for completion. Vital Statistics

After an adoption is ordered, complete the certification portion of Form VS-102. 275 East Main Street

KRS 199.570(2). Mail to the Cabinet for Health and Family Services, Office of 1E-A

Vital Statistics. Frankfort, KY 40621

1.6.2 Sealing the File

1. When the final order is entered, place the court file in a suitable envelope Place order in envelope

and seal it. Note the case number on the outside of the envelope and and seal it

place in numerical order in a locked cabinet. These cases are not to be

opened by anyone except on written court order. KRS 199.570(1).

EXCEPTION: A copy of a judgment in an adoption case being appealed may

be made available to a party to the appeal. Bone v. Shadoan, Ky., 746

SW2d 68 (1988).

2. Close the case by completing the disposition date, disposition type and

Complete disposition

judge disposition fields on the case screen.

date, type, and judge

on case screen

ADOPTIONS

1.6.3 Health Care Information

1. If you receive health care information for inclusion in an adoption case Quick Reference

file, apply the FILED stamp; add the date and your initials. File by File, date, initial

completing a document screen.

2. If the adoption file is sealed, attach the document to the sealed file and CHFS

deliver to the chief circuit judge. Follow the judge's order as to opening Department of

and re-sealing the case file. Community Based

3. If the health care information is received from a source other than the Services,

Cabinet for Health and Family Services, mail a copy of the information to Adoption Section

Cabinet for Health and Family Services. 275 E Main St, 3-CE

Frankfort, KY 40621

1.7 Foreign Country Adoptions

A petition for adoption under KRS 199.470 shall be required for a child born outside the United

States without a decree, judgment, or final order of adoption issued by a court or other

governmental authority with appropriate jurisdiction in a foreign county, or for any child born

outside of the United States who does not qualify for United States citizenship upon entry into

the United States. KRS 199.585. Follow the process as set forth in Petition for Adoption.

1.8 Inspection of Adoption Records

KRS 199.572

1. Any signed, written request to inspect adoption records, regardless of its AOC Form 290

styling, should be treated as a petition to inspect. AOC Form 290 (Petition

to Inspect Adoption Records (Adult Adopted Person) may be used when

File, date, initial

the petitioner is the adoptee and is 21 years or older.

Document code PIAR

NOTE: It is not up to the clerk to determine whether the petitioner may

Do not collect filing fee

qualify to inspect the records under any of the groups listed in KRS

or issue summons

199.572.

2. If you are able to identify an adoption file of record in your office to which

the petition relates, apply the FILED stamp to the petition; add the date

and your initials and file on a document screen using document code PIAR. Attach the

petition to the sealed adoption file and deliver to the judge. Do not collect a filing fee or

issue a summons.

3. If there is no adoption file of record in your office to which the petition relates or you

cannot determine to which record the petition may relate (such as when the petitioner

does not know the adoptee's name), refer the petition to the judge.

ADOPTIONS

1.8.1 Inspection by Adult Adoptee

1. Upon receipt of a signed order granting or denying the request to inspect by

Quick Reference

an adult adoptee apply the ENTERED stamp to the order; add the date and

Enter, date, initial

your initials. Use document code OGI Order Granting Inspection or ODI

AOC Form 290.1

Order Denying Inspection. Apply the ENTERED stamp to the order; add the

date and your initials. AOC Form 290.1, (Order Granting Request to Inspect

and Requiring CHFS to Notify Parents (Adult Adopted Person) may be used.

2. Enter the order on the document screen, including a brief description. Serve Notice of entry

CHFS by first class mail with a copy of the AOC Form 290.1. Serve notice of

entry on the petitioner. Make an entry on the document screen showing the

manner and date of service on the notice of entry of the order. See Notice

of Entry.

3. If the court orders inspection be permitted by the adult adoptee, then instruct the

petitioner to contact the Cabinet for Health and Family Services, regarding payment of a

fee for adult adoptee searches. CHFS Telephone: (502) 564-2147

4. Upon receipt of any affidavit of notification of biological parents or affidavit that the

parents are deceased or cannot be located, apply the FILED stamp; add the date and your

initials.

5. File the affidavit on a document screen, using document type AFF.

1.8.2 Inspection by Persons Other Than Adult Adoptee

1.8.2.1 Notification by CHFS Quick Reference

If the court orders CHFS to notify each biological parent to determine if they are Enter, date, initial

deceased or to give consent to inspection of the records by the petitioner. NOE

1. Apply the ENTERED stamp to the order; add the date and your initials. AOC Form 290 and AOC

Enter on a document screen. Serve CHFS by first class mail with a copy of Form 290.1

the order.

2. Instruct the petitioner to contact the Cabinet for Health and Family CHFS

Services, regarding payment of a fee for adult adoptee searches. CHFS Department of

Telephone: (502) 564-2147 Community Based

Services,

1.8.2.2 Certification by CHFS, Parents Deceased or Cannot Be Located Adoption Section

275 E Main St, 3-CE

1. Upon receipt of any affidavit of notification of biological parents or Frankfort, KY 40621

affidavit that the parents are deceased or cannot be located, apply the

T: 502-564-2147

FILED stamp; add the date and your initials.

AdoptionServicesBranc

2. File the certification/affidavit on a document screen, using document type h@ky.gov

AFF. Document type AFF

3. Take the file to the judge. File, date, initial

Take file to judge

ADOPTIONS

1.8.2.3 Affidavit Filed by Biological Parents

1. Upon receipt of an affidavit from a biological parent, apply the FILED Quick Reference

stamp; add the date and your initials to any affidavit. Send a copy to the Enter, date, initial

Cabinet for Health and Family Services.

Document type OGI or

1.8.2.4 Order Granting or Denying Inspection ODI

1. Upon receipt of a signed order granting or denying the request to inspect Serve notice of entry

apply the ENTERED stamp to the order; add the date and your initials.

CHFS

Use document code OGI Order Granting Inspection or ODI Order Denying Department of

Inspection. Community Based

2. Enter the order on the document screen, including a brief description. Services,

Serve notice of entry on the petitioner and make an entry on the Adoption Section

document screen showing the manner and date of service of the notice of 275 E Main St, 3-CE

entry of the order. See Notice of Entry. A copy should also be sent to the Frankfort, KY 40621

Cabinet for Health and Family Services. AdoptionServicesBranch

3. Reopen and reseal the adoption record pursuant to the judge's order. @ky.gov

Reopen and reseal

adoption record