Ky. Cir. Ct. Clerks' Manual TERMINATION OF PARENTAL RIGHTS

93 TERMINATION OF PARENTAL RIGHTS

KRS 625.020 - .120; 625.0405

Circuit Court or Family Court Division of Circuit Court

93.1 Confidentiality

 Termination cases are confidential. You may not disclose the names of

the parties or furnish any copy of the records except on court order.

KRS 625.045(2), 625.108(2).

EXCEPTION: Pending case files and records are not open for inspection

by anyone except:

• The parties;

• Their attorneys; and

• The Cabinet for Health and Family Services

• Foster parent of a child who is currently placed with the foster

parent (unless the judge determines the involvement is

inappropriate.)

Note: Name and address of Foster Parents that have chosen to intervene

anonymously should be entered as a party utilizing initials only and any

requested copies shall be redacted.

93.2 Filing Fees

1. Upon receipt of a petition for a Voluntary Termination of Parental Rights

or Involuntary Termination of Parental Rights collect filing fees as set

forth in the Accounting Manual and give a receipt. Do not apply the

FILED stamp or process the petition until the filing fees are paid. There

is a filing fee for each petition filed (for instance siblings are listed on

separate petitions.)

EXCEPTIONS:

• 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. If the

Cabinet for Health and Family Services files the action, the filing fee is

not applicable. KRS 625.050(1).

NOTE: The statute requires a termination of parental rights petition be

styled “In the Interest of, a minor child.”

Quick Reference

Collect filing fees

Process Map

TERMINATION OF PARENTAL RIGHTS

93.3 Order and Affidavit of Indigency

If you receive AOC-DNA-11 Form, Order and Affidavit of Indigency, prior to a

petition for termination of parental rights being filed:

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

File, date, initial

2. Immediately deliver the affidavit to the circuit judge who, upon a finding

Deliver affidavit to

of indigency, must make an appointment for representation within 48

judge

hours.

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. Email copy to CHFS

Adoptionservicesbr

5. Mail a copy of the order of appointment to the attorney and the indigent

anch@ky.gov

parent(s). Email copy to CHFS at Adoptionservicesbranch@ky.gov.

Mail copy to

6. File the affidavit and order(s) in the General/Administrative Order File. indigent parent(s)

Make an entry of the documents on the docket sheet attached to the

inside of the file folder.

93.4 Voluntary Termination

KRS 625.040

NOTE: A parent may elect to voluntarily terminate his or her parental rights

during the pendency of a Dependency, Neglect or Abuse proceeding under

KRS Chapter 620 by signing a consent form AOC-DNA-20 Affidavit of

Consent (Voluntary Termination), which shall be filed with the court. KRS

625.403. See Chapter 53.3.9.

TERMINATION OF PARENTAL RIGHTS

93.4.1 Voluntary Petition

A separate petition shall be filed for each child and individual case numbers shall

be assigned. In the case of siblings, cases shall be assigned to the same judge.

FCRPP 32(2)(a).

1. Apply the FILED stamp to the petition; add the date and your initials. File, date, initial

File the petition on a document screen using document type COM. Document type

2. Refer to Case Add section of KyCourts Manual for instructions on COM

opening the case.

3. In the confidential CO division, generate the next case number for

adoption/termination AD or use the next pre-numbered file folder. Confidential CO

NOTE: If an existing or previous DNA proceeding has been filed in your Division

county regarding the child named in the petition, assign the case to the Case number AD

same family court division that heard the DNA action. The 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 32(2)(b).

93.4.2 Summons Issuance

1. The summons and the petition shall be served together. The party

requesting the summons shall furnish sufficient copies of their pleadings

for this purpose. CR 4.04(1), 14.01. See Civil Summons.

2. The initiating party will instruct whether service of the summons is by

certified mail or personally delivered by the sheriff or other authorized

person. CR 4.01(1). See Service of Process and Return of Service.

93.4.3 Voluntary Termination Hearing

1. Assign a hearing date, to be held within 30 days of the filing of the Quick Reference

petition, as directed by the court. Use AOC Form 030, Order Setting Assign hearing date

Trial/Hearing. File the order on a document screen using document type AOC Form 030

OST. Document type OST

2. Complete a scheduled events screen. Complete

3. Serve notice on local Cabinet for Health and Family Services (CHFS) scheduled events

representative if no statement is filed with the petition that CHFS will screen

accept custody or if custody is to be placed with an individual and CHFS Serve notice

has not approved the placement. KRS 625.042(2).

TERMINATION OF PARENTAL RIGHTS

93.4.4 Guardian Ad Litem

1. A guardian ad litem will be appointed to represent the child. Consult

your roster of attorneys and make an appointment unless your judge Appoint GAL

wishes to make these appointments. See Guardian Ad Litem.

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

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). Complete GAL party

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

93.4.5 Motions/Pleadings/Hearings

1. When motions and other pleadings are filed in the case, apply the

File, date, initial

FILED stamp; add the date and your initials and complete the

appropriate screen. Complete

scheduled events

2. When a hearing or trial is scheduled complete a scheduled events

screen

screen.

TERMINATION OF PARENTAL RIGHTS

93.4.6 Order

1. Upon receipt of a signed Judgment or Order, apply the ENTERED stamp Quick Reference

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

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

Serve notice of entry on every party who is not in default or who has not Enter order

filed a written waiver of notice. Make an entry on the document screen NOE

showing the manner and date of the service of the notice of entry of the Make entry on

order. document screen

3. Per KRS 625.045(1), send a certified copy of the final order to the Adoptionservicesbr

petitioner and email to the Cabinet for Health and Family Services at anch@ky.gov

Adoptionservicesbranch@ky.gov.

CHFS

4. When an order closes the case, complete the disposition date, Adoption

disposition type and judge at disposition fields on the case screen. Sixth Floor West

5. If an order terminating parental rights is entered, certify a copy of the 275 E Main Street

order and forward to the clerk of the court in the underlying Frankfort, KY 40621

dependency, neglect and abuse case, using AOC Form DNA-15. FCRPP 35.

If there isn’t a family court certify the order to the DNA file in the district

court. Close case

6. The clerk of the court in the underlying DNA case shall place the certified

copy of the Order in the underlying DNA record as identified in the order

and schedule a review hearing within 90 days from the date of entry of

the order of the termination of parental rights. The case shall continue

to be scheduled for review as directed by the court at least annually until

permanency is achieved. FCRPP 36.

93.4.7 Sealing the File

When the final order is entered, place the court file in a suitable envelope and

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

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

anyone except on written court order of the court which entered the final

order.

EXCEPTION: The Cabinet for Health and Family Services and others as

authorized by KRS Chapter 199, Adoptions, may open the record without

a court order. KRS 625.045(2). See Inspection of Adoption Records.

NOTE: In the event of a court order to open a record, note the order on

the envelope with the date of the order and your initials.

NOTE: Upon certified completion of the treatment or recovery program,

or six months after giving birth during which time substantial compliance

with a substance abuse treatment or recovery program has occurred,

whichever is earlier, any records maintained by a court or by the cabinet

relating to a positive test for a nonprescribed controlled substance shall

be sealed by the court and may not be used in any future criminal

TERMINATION OF PARENTAL RIGHTS

prosecution or future petition to terminate the woman's parental rights.

See Medical Records chapter.

93.5 Involuntary Termination

KRS 625.050

93.5.1 Involuntary Petition

1. A separate petition shall be filed for each child and individual case Quick Reference

numbers shall be assigned. In the case of siblings, cases shall be assigned

to the same judge.

2. Apply the FILED stamp to the petition; add the date and your initials. File, date, initial

File on a document screen using document type COM. Document type

3. Refer to Case Add section of KyCourts Manual of instructions on opening COM

the case.

4. In the confidential CO division, generate the next case number for

adoption/termination AD or use the next prenumbered file folder. Confidential CO

NOTE: If an existing or previous DNA proceeding has been filed in your Division

county regarding the child named in the petition, assign the case to the Case number AD

same family court division that heard the DNA action. The 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.

5. Immediately upon the filing of an involuntary termination petition,

Assign a pretrial

assign a pretrial date and provide to the petitioner. FCRPP 34(1).

date

93.5.2 Guardian Ad Litem/Public Advocate

1. A guardian ad litem will be appointed to represent the child, and counsel Appoint GAL

may be appointed pursuant to KRS Chapter 31 to represent either parent

who is a party who is indigent. KRS 625.080(2), (3).

2. To appoint the guardian ad litem for the child, consult your roster of

attorneys and make an appointment unless your judge wishes to make

these appointments. See Guardian Ad Litem.

NOTE: If a guardian ad litem is not appointed when the complaint 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). Complete party

screen

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

4. If the court orders the appointment of a public advocate for a parent,

proceed to Public Advocate Appointments section.

TERMINATION OF PARENTAL RIGHTS

93.5.3 Issuance of Summons

1. The summons and the petition shall be served together. The party

requesting the summons shall furnish sufficient copies of their pleadings

for this purpose. CR 4.04(1), 14.01. See Civil Summons.

2. Service of the summons must be made by personal service or by

constructive service where personal service is not possible. KRS

625.070(1).

See Service of Process and Return of Service.

93.5.4 Warning Order

If constructive service is requested, a verified complaint/affidavit will be

filed with you stating the reason the defendant cannot be served with a

summons and the defendant's last known address or affiant's ignorance of

such fact. See Warning Order for additional instructions.

93.5.5 Motions/Pleadings/Hearings

1. When motions and other pleadings are filed in the case, apply the Quick Reference

FILED stamp, add the date and your initials and complete the File, date, initial

appropriate screen.

Schedule hearing

2. When a hearing or trial is scheduled complete a scheduled events

screen.

TERMINATION OF PARENTAL RIGHTS

93.5.6 Order

1. Upon receipt of a signed Order, apply the ENTERED stamp to the order;

Enter, date, initial

add the date and your initials.

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

Enter order

3. Serve notice of entry on every party who is not in default or who has not

NOE

filed a written waiver of notice. Make an entry on the document screen

showing the manner and date of the service of the notice of entry of the

order. RCr 12.06.

4. Per KRS 625.045(1), send a certified copy of the final order to the

CHFS

petitioner and email to the Cabinet for Health and Family Services at:

Adoption

Adoptionservicesbranch@ky.gov.

Sixth Floor West

5. When an order closes the case, complete the disposition date, 275 E Main Street

disposition type, and judge at disposition fields on the case screen. Frankfort, KY 40621

6. If an order terminating parental rights is entered, certify a copy of the

order and forward to the clerk of the court in the underlying

Close case

dependency, neglect and abuse case, using AOC Form DNA-15. FCRPP

35. If there isn’t a family court certify the order to the DNA file in the

district court.

7. The clerk of the court in the underlying DNA case shall place the certified

copy of the Order in the underlying DNA record as identified in the order

and schedule a review hearing within 90 days from the date of entry of

the order of the termination of parental rights. The case shall continue

to be scheduled for review as directed by the court at least annually until

permanency is achieved. FCRPP 36.

93.5.7 Seal File

1. When the final order is entered, place the court file in a suitable Quick Reference

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

envelope and place in numerical order in a locked cabinet. These cases

are not to be opened by anyone except on written court order of the

court which entered the final order.

EXCEPTION: The Cabinet for Health and Family Services and others as Note order on

authorized by KRS Chapter 199, Adoptions, may open the record without envelope, add date

a court order. KRS 625.108(2). See Adoptions Inspection of Records. and your initials

2. In the event of a court order to open a record, note the order on the

envelope with the date of the order and your initials.

93.5.8 Appeal

An appeal may be taken in accordance with the Rules of Civil Procedure.

KRS 625.110.