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Rule 3. Adoptions / termination of parental rights

Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court

Baldwin's Kentucky Revised Statutes Annotated
16th Judicial Circuit - Kenton Family Court
KY RKFC Rule 3
Rule 3. Adoptions / termination of parental rights
Currentness
301. General Provisions
301.01. Venue
See FCRPP 32(1) for venue requirements.
301.02. Petitions
a. A separate petition shall be filed for each child and individual case numbers shall be assigned by the clerk of the court as required by FCRPP 32(2)(a).
b. Every petition in an adoption or termination of parental rights action shall include the case number of any underlying juvenile case and shall include the name of any guardian ad litem previously appointed as required by FCRPP 32(2)(b). The Circuit and District Court Clerks will cooperate with counsel to identify these case numbers.
301.03. All proceedings shall be confidential.
301.04. Orders Terminating Parental Rights
Pursuant to FCRPP 35, the clerk shall send two certified copies of the order terminating parental rights to the state child protective agency; and, the prospective adoptive parent or his or her attorney, if any, may obtain a certified copy of the order terminating parental rights from the state child protective agency to attach to the adoption petition.
302. Adoptions
302.01. The petition shall be filed pursuant to KRS Chapter 199, and a Guardian Ad Litem (GAL) may be appointed for the child(ren).
302.02. Any reports from the CHFS or other agencies shall be filed within ninety (90) days of the filing of the petition unless extended by the Court
302.03. After the statutory time periods have been met, counsel for the petitioner(s), on notice to the necessary parties, shall obtain a hearing date directly from the Court. Pursuant to FCRPP 33(1), no request for final hearing shall be made prior to the filing of the state child protective service agency report pursuant to KRS 199.510, and the guardian ad litem report, if any, pursuant to KRS 199.515.
302.04. Orders Setting Final Hearing
a. Counsel shall contact the Court's Staff Attorney when they believe the case is ready to be scheduled for a final hearing. A final hearing will be scheduled once the Staff Attorney confirms that the Petition meets the statutory requirements.
b. Orders setting final hearing shall be signed by counsel for petitioner(s) and the GAL before submission to the Court for entry.
c. Pursuant to FCRPP 33(2), in an uncontested adoption, a hearing shall be held within 30 days of the filing of a request for a final hearing.
d. Pursuant to FCRPP 33(3), a continuance of any final hearing date shall not be granted except upon good cause shown.
302.05. An affidavit for costs and attorney's fees must be filed with the Court, and are subject to approval by the Court.
302.06. Counsel shall have prepared at the final hearing Findings of Fact and Conclusions of Law; Judgment of Adoption; Motion to Approve Fees; and Order to Approve Fees.
303. Termination of Parental Rights
303.01. Voluntary Termination
The Court shall appoint a GAL on behalf of the child, and attorneys for the parents, if indigent.
303.02. Involuntary Termination
a. The Court shall appoint a GAL for the child, and attorneys for the parents, if indigent.
b. Pursuant to FCRPP 34(1), immediately upon the filing of any petition for involuntary termination of parental rights, the petitioner shall obtain a pretrial date. In the event the parents are not served prior to the pretrial date, the pretrial date shall be used as a case status review to expedite the proceeding.
c. Pursuant to FCRPP 34(2), a continuance of any final hearing date shall not be granted except upon good cause shown.
303.03. Post-Termination of Parental Rights Review
Pursuant to FCRPP 36, if an order terminating parental rights is entered, there shall be a review hearing conducted 90 days from the date of the entry of the order of termination of parental rights and at least annually thereafter.

Credits

HISTORY: Amended effective June 8, 2020. Adopted effective December 2, 2008. Amended effective April 11, 2012.
Kenton Family Court Rule 3, KY R KENTON FAM CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document