FAC FIGHTING CPS IN KENTUCKY - FAMILIES AGAINST CORRUPTION FIGHTING CPS IN KENTUCKY

FAC FIGHTING CPS IN KENTUCKY

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN KENTUCKY

FAC FIGHTING CPS IN KENTUCKY is a social network

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STATE OF KENTUCKY INFORMATION PAGE

http://courts.ky.gov/aoc/

The Administrative Office of the Courts is the operational arm of the Judicial Branch. The AOC supports court facilities and programs in all 120 counties, with its main campus in Frankfort.

The AOC was established in 1976 as a result of the Judicial Article. The Judicial Article created…

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Created by LisaNJGfivsix ForJustice Apr 22, 2010 at 6:56am. Last updated by LisaNJGfivsix ForJustice Jun 2, 2010.

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Created by LisaNJGfivsix ForJustice Nov 27, 2009 at 9:34am. Last updated by LisaNJGfivsix ForJustice Nov 27, 2009.

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Psychologists Who Are On To CPS 1 Reply

I am the grandmother with temporary guardianship. My 12-year-old has been instructed to attend counseling regarding his bipolar father's pushing his mother just one time so he "does not repeat the…Continue

Started by pat wever. Last reply by LisaNJGfivsix ForJustice Jun 20, 2010.

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MORE INFORMATION FOR KENTUCKY RESIDENTS

"" ILRU Directory of Centers & SILCs--2009 (Vol. 31)
Updated Weekly
http://www.bcm.edu/ilru/html/publications/directory/kentucky.html

Kentucky

Lonnie Cowan, SILC Chair
P.O. Box 503
Lexington, KY 40588
(859) 252-2774
TTY: none
FAX: none
EMAIL: cpsg@juno.com
URL: none

Dave Matheis, SILC Liaison
Office of Vocational Rehabilitation
275 East Main Street, Mail Drop 2-EK
Frankfort, KY 40621
(502) 564-4440
TTY: (502) 564-4440
FAX: (502) 564-6745
EMAIL: daves.matheis@ky.gov
URL: none

Disability Resource Initiative
Sharli Powell Rogers
624 Eastwood Avenue
Bowling Green, KY 42103
(270) 796-5992 or (866) 286-3608
TTY: (270) 796-5992
FAX: (270) 796-6630
EMAIL: initiative@dri-ky.org

The Disabilities Coalition of Northern Kentucky
Kitt Heeg
525 West Fifth Street, Suite 210
Covington, KY 41011
(859) 431-7668
TTY: (800) 648-6057
FAX: (859) 431-7688
EMAIL: dcnky@fuse.net
URL: none

The Center for IL Options (Satellite)
Lin Laing
3031 Dixie Highway, Suite 103
Edgewood, KY 41017
(859) 341-4346
TTY: none
FAX: (859) 341-1252
EMAIL: ciloky@cilo.net

Pathfinders for Independent Living, Inc.
Sandra Goodwyn
105 East Mound Street
Harlan, KY 40831
(606) 573-5777
TTY: (606) 573-5777
FAX: (606) 573-5739
EMAIL: pathfinders@harlanonline.net
URL: none

Independence Place, Inc.
Pamela Roark-Glisson
824 Euclid Avenue, Suite 103
Lexington, KY 40502
(859) 266-2807
TTY: (859) 266-2807 or (800) 648-6056
FAX: (859) 335-0627
EMAIL: info@independenceplaceky.org

Center for Accessible Living
Jan Day
305 West Broadway, Suite 200
Louisville, KY 40202
(502) 589-6620
TTY: (502) 589-6690
FAX: (502) 589-3980
EMAIL: jday@calky.org

Center for Accessible Living (Satellite)
Jeanne Gallimore
1051 North 16th Street, Suite C
Murray, KY 42071
(270) 753-7676 or (888) 261-6194
TTY: (270) 767-0549
FAX: (270) 753-7729
EMAIL: jgallimore@calky.org

NOTE THAT WE ARE MOVING BY END OF JUNE.

WELCOME TO
FAMILIES AGAINST CORRUPTION FIGHTING CPS IN THE STATE OF KENTUCKY

WILL BE MOVING, SHORTLY, TO ANOTHER WEBPAGE/ SOCIAL NETWORK, AS NING WILL BE DELETING / PHASING OUT FREE ACCOUNTS..

PLEASE BE AWARE OF YOUR EMAILS, AS I WILL BE SENDING OUT INVITES TO ALL TO THE NEW STATE GROUP PAGES..

EMAIL ME OR MESSAGE ME FOR MORE INFO, OR, IF YOU'D LIKE TO BE AN ADMINISTRATOR OF YOUR STATE GROUP, OR, IF YOU'D LIKE TO ASSIST ME IN ADDING APPROPRIATE PAGES TO YOUR STATE'S PAGES;

NOTICE THAT I AM TRYING TO FIGURE OUT HOW WE CAN HAVE (GROUP) SECTIONS FOR COUNTIES, SO THAT EVERYONE CAN ALSO JOIN THE COUNTY THAT THEY RESIDE IN, AND/OR CPS COUNTY THAT HOLDS CHILDREN IN FOSTER HOME PRISON..

to pick your children, harvest them in a foster home, so they can collect those government funds via the title iv program.

Map Courtesy of Digital Map Store

LINK TO:

Fighting Child Protective Services False Accusations

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KENTUCKY STATE LAWS REGARDING CHILD ABUSE, CHILDREN'S PROTECTIVE SERVICES, & FOSTER CARE THRU ADOPTION

at the webpage, select Kentucky, click box next to "select all," then scroll to bottom to click on 'go'
here is the link to what was copied and pasted here:
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch

State Statutes Results

Kentucky
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.

Consequences
This issue is not addressed in the statutes reviewed.

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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: Ky. Rev. Stat. Ann. § 620.050(3) (LexisNexis through 2007 Reg. Sess.)

Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be ground for refusing to report, or for excluding evidence regarding a dependent, neglected or abused child thereof, in any judicial proceedings resulting from a report. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child.

Citation: Ky. Rev. Stat. Ann. § 620.030(1) (LexisNexis through 2007 Reg. Sess.)

Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made.

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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

Ky. Rev. Stat. Ann. § 620.030(1), (3) (LexisNexis Through 2007 2nd Ex. Sess.)

If the Cabinet for Children and Families receives a report of abuse or neglect allegedly committed by a person other than a parent, guardian, or person exercising custodial control or supervision, the cabinet shall refer that matter to the Commonwealth's attorney or the county attorney and the local law enforcement agency or the Kentucky State Police. Nothing in this section shall relieve individuals of their obligation to report.
The Cabinet for Families and Children upon request shall receive from any agency of the State or any other agency, institution, or facility providing services to the child or his family, such cooperation, assistance, and information as will enable the Cabinet to fulfill its responsibilities under the law.

Ky. Rev. Stat. Ann. § 620.040(1)(c)-(d), (3) (LexisNexis through 2007 2nd Ex. Sess.)

The cabinet shall, within 72 hours, exclusive of weekends and holidays, make a written report to the Commonwealth's or county attorney and the local enforcement agency or Kentucky State Police concerning the action that has been taken on the investigation.

If the report alleges abuse or neglect by someone other than a parent, guardian, or person exercising custodial control or supervision, the cabinet shall immediately notify the Commonwealth's or county attorney and the local law enforcement agency or Kentucky State Police.

If the cabinet or its designated representative receives a report of abuse by a person other than a parent, guardian, or other person exercising custodial control or supervision of a child, it shall immediately notify the local law enforcement agency or Kentucky State Police and the Commonwealth's or county attorney of the receipt of the report and its contents, and they shall investigate the matter. The cabinet or its designated representative shall participate in an investigation of noncustodial physical abuse or neglect at the request of the local law enforcement agency or the Kentucky State Police. The cabinet shall participate in all investigations of reported or suspected sexual abuse of a child.

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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Rev. Stat. § 600.020

Abused or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child:
Inflicts or allows to be inflicted upon the child physical or emotional injury by other than accidental means
Creates or allows to be created a risk of physical or emotional injury to the child by other than accidental means
Physical injury means substantial physical pain or any impairment of physical condition.

Serious physical injury means physical injury that creates a substantial risk of death, or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ.

Neglect
Citation: Rev. Stat. § 600.020

Abused or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child:

Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child, including but not limited to, parental incapacity due to alcohol and other drug abuse
Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child
Does not provide the child with adequate care, supervision, food, clothing, shelter, education, or medical care necessary for the child's well-being
Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for 15 of the most recent 22 months

Sexual Abuse
Citation: Rev. Stat. § 600.020

Abused or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child:
Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child
Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child
Sexual abuse includes, but is not necessarily limited to, any contacts or interactions in which the parent or guardian uses or allows, permits, or encourages the use of the child for the purposes of sexual stimulation of the perpetrator or another person.

Sexual exploitation includes, but is not limited to, allowing, permitting, or encouraging the child to engage in prostitution, or an act of obscene or pornographic photographing, filming, or depicting of a child.

Emotional Abuse
Citation: Rev. Stat. § 600.020

Emotional injury means an injury to the mental or psychological capacity or emotional stability of a child as evidenced by a substantial and observable impairment in the child's ability to function within a normal range of performance and behavior with due regard to his or her age, development, culture, and environment, as testified to by a qualified mental health professional.

Abandonment
Citation: Rev. Stat. § 600.020

Abused or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child abandons the child.

Standards for Reporting
Citation: Rev. Stat. § 600.020

A report is required when the child is harmed or threatened with harm.

Persons Responsible for the Child
Citation: Rev. Stat. § 600.020

Persons responsible for the child include:

A parent, who is the biological or adoptive mother or father of a child
A person exercising custodial control and supervision, who is a person or agency that has assumed the role and responsibility of a parent or guardian for the child but does not necessarily have legal custody of the child

Exceptions
Citation: Rev. Stat. § 600.020

A parent or other person exercising custodial control or supervision of the child, legitimately practicing the person's religious beliefs, shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child.

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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. § 403.720

''Domestic violence and abuse'' means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple.

Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation:

This issue is not addressed in the statutes reviewed.

Persons Included in the Definition
Citation: Ann. Stat. § 403.720

''Family member'' means a spouse, including a former spouse, a parent, a child, a stepchild, or any other person related by consanguinity or affinity within the second degree.
''Member of an unmarried couple'' means each member of an unmarried couple that allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.

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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Rev. Stat. § 620.050

The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its delegated representative, as a result of an investigation or assessment made pursuant to this chapter, shall not be divulged to anyone except the persons listed below.

Persons or Entities Allowed Access to Records
Rev. Stat. § 620.050

Information may be accessed by:
Persons suspected of causing dependency, neglect, or abuse
The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused
Persons within the cabinet with a legitimate interest or responsibility related to the case
Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney's office, the coroner, and the local child fatality response team, that have a legitimate interest in the case
A noncustodial parent when the dependency, neglect, or abuse is substantiated
Members of multidisciplinary teams
Employees or designated agents of a children's advocacy center
Those persons so authorized by court order
Files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by a children's advocacy center in providing services under this chapter are confidential and shall not be disclosed except to the following persons:

Staff employed by the cabinet, law enforcement officers, and Commonwealth's and county attorneys who are directly involved in the investigation or prosecution of the case
Medical and mental health professionals listed by name in a release of information signed by the guardian of the child
The court and those persons so authorized by a court order

When Public Disclosure of Records is Allowed
Citation: Rev. Stat. § 620.050

Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted in a child fatality or near fatality.
When an adult who is the subject of confidential information publicly reveals or causes to be revealed any significant part of the confidential matter or information, the confidentiality afforded by this section is presumed voluntarily waived, and confidential information and records about the person making or causing the public disclosure, not already disclosed but related to the information made public, may be disclosed if disclosure is in the best interest of the child or is necessary for the administration of the cabinet's duties.

Use of Records for Employment Screening

This issue is not addressed in the statutes reviewed.

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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation:

This issue is not addressed in the statutes reviewed.

Purpose
Citation:

This issue is not addressed in the statutes reviewed.

Contents
Citation:

This issue is not addressed in the statutes reviewed.

Maintenance
Citation:

This issue is not addressed in the statutes reviewed.

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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Ky. Rev. Stat. Ann. § 620.050(1) (LexisNexis through 2008 1st Ex. Sess.)
Statute:
Anyone acting upon reasonable cause in making a report or acting in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action.

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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Rev. Stat. § 620.030
Any person who knows or has reasonable cause to believe that a child is abused or neglected shall immediately make an oral or written report, by telephone or otherwise, to a local law enforcement agency, the Department of Kentucky State Police, the Cabinet for Health and Family Services or its designated representative, the Commonwealth attorney, or the county attorney.
A mandated reporter shall file a written report within 48 hours of the original report, if requested.

Content of Reports
Citation: Rev. Stat. § 620.030
The written report shall contain

The names and addresses of the child and the child's parents or other persons exercising control or supervision over the child
The child's age
The nature and extent of the child's alleged dependency, neglect, or abuse, including any previous charges of dependency, neglect, or abuse to the child or any siblings
The name and address of the person allegedly responsible for the abuse or neglect
Any other information that the reporter believes may be helpful

Special Reporting Procedures

Suspicious Deaths
Not addressed in statutes reviewed.

Substance-Exposed Infants
Citation: Rev. Stat. § 214.160(2)-(6)
Any physician attending a pregnant woman may perform a screening for alcohol or substance dependency or abuse, including a comprehensive history of such behavior. Any physician may administer a toxicology test to a mother under the physician's care within 8 hours after she has delivered a baby to determine whether there is evidence that she has ingested alcohol or a controlled substance or if she has obstetrical complications that are a medical indication of possible use of any such substance for a nonmedical purpose.
Any physician attending a mother may administer to each newborn infant born to that mother a toxicology test to determine whether there is evidence of prenatal exposure to alcohol or a controlled substance, if the attending person has reason to believe, based on a medical assessment of either patient, that the mother used any such substance for a nonmedical purpose during the pregnancy.

The circumstances surrounding any positive toxicology finding shall be evaluated by the attending person to determine if abuse or neglect of the infant, as defined under § 600.020(1), has occurred and whether investigation by the Cabinet for Health and Family Services is necessary.

No prenatal screening for alcohol or other substance abuse or positive toxicology finding shall be used as prosecutorial evidence. No person shall conduct or cause to be conducted any toxicological test pursuant to this section on any pregnant woman without first informing her of the purpose of the test.

Screening Reports
Citation: Rev. Stat. § 620.040; Admin. Reg. Tit. 922, § 1:330
Based upon the allegation in the report, the cabinet shall immediately make an initial determination as to the risk of harm and immediate safety of the child. Based upon the level of risk determined, the cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support. A report of sexual abuse shall be considered high risk and shall not be referred to any other community agency.

The cabinet shall, within 72 hours, exclusive of weekends and holidays, make a written report to the Commonwealth's or county attorney and the local enforcement agency or the State Police concerning the action that has been taken on the investigation.

If the report alleges abuse or neglect by someone other than a parent, guardian, or person exercising custodial control or supervision, the cabinet shall immediately notify the Commonwealth or county attorney and the local law enforcement agency or the State police.

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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Rev. Stat. § 620.030

All persons are required to report, including, but not limited to:
Physicians, osteopathic physicians, nurses, coroners, medical examiners, residents, interns, chiropractors, dentists, optometrists, emergency medical technicians, paramedics, or health professionals
Teachers, school personnel, or child-caring personnel
Social workers or mental health professionals
Peace officers

Reporting by Other Persons
Citation: Rev. Stat. § 620.030

Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately report.

Standards for Making a Report
Citation: Rev. Stat. § 620.030

A report is required when a person knows or has reasonable cause to believe that a child is dependent, neglected, or abused.

Privileged Communications
Citation: Rev. Stat. § 620.050

Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Citation: Rev. Stat. § 620.050

The identity of the reporter shall not be disclosed except:
To law enforcement officials, the agency investigating the report, or to a multidisciplinary team
Under court order, after a court has found reason to believe the reporter knowingly made a false report

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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Ky. Rev. Stat. Ann. § 600.020(1)(c) (LexisNexis through 2008 1st Ex. Sess.)

Statute Text:

''Abused or neglected child'' means a child whose health or welfare is harmed or threatened with harm when his or her parent, guardian, or other person exercising custodial control or supervision of the child, engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse.

Citation: Ky. Rev. Stat. Ann. § 214.160(3)-(4) (LexisNexis through 2008 1st Ex. Sess.)

Statute Text:

Any physician or person legally permitted to engage in attendance upon a pregnant woman may administer to each newborn infant born under that person's care a toxicology test to determine whether there is evidence of prenatal exposure to alcohol, a controlled substance, or a substance identified on the list provided by the Cabinet for Health and Family Services, if the attending person has reason to believe, based on a medical assessment of the mother or the infant, that the mother used any such substance for a nonmedical purpose during the pregnancy.
The circumstances surrounding any positive toxicology finding shall be evaluated by the attending person to determine if abuse or neglect of the infant, as defined under § 600.020(1), has occurred and whether investigation by the Cabinet for Health and Family Services is necessary.

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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Rev. Stat. § 620.990(1)

Any person intentionally violating the provisions of this chapter shall be guilty of a Class B misdemeanor.

False Reporting
Rev. Stat. § 620.050(1)

Any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor.

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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Rev. Stat. § 620.050(5)(a)

The report of suspected child abuse, neglect, or dependency and all information obtained by the Cabinet of Health and Family Services or its delegated representative, as a result of an investigation or assessment made pursuant to this chapter, may be released to persons suspected of causing dependency, neglect, or abuse.

When Records Must Be Expunged
Rev. Stat. § 620.050(10)(c)

Unless objected to by the victim or victims, the court, on its own motion, or on motion of the attorney for the Commonwealth, shall order all recorded interviews that are introduced into evidence or are in the possession of the children's advocacy center, law enforcement, the prosecution, or the court to be sealed.

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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Rev. Stat. § 620.230

For each child placed in the custody of the cabinet by an order of commitment, the cabinet shall file a case permanency plan for the child with the court and send a copy to the Administrative Office of the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared, but no later than 30 days after the effective date of the order.
If a child remains in the temporary custody of the cabinet for longer than 45 days and if a request is submitted by the Administrative Office of the Courts Citizen Foster Care Review Board Program, the cabinet shall provide a copy of the case permanency plan for the child.

Who May Participate in the Case Planning Process
Citation: Rev. Stat. § 620.230; Admin. Regs. Tit. 922, § 1:430

The cabinet must file a case permanency plan for each child placed in the custody of the cabinet.
[The following is from the Administrative Regulations.]

As part of the case planning process, the cabinet will work with the family and other involved parties to identify conditions within a family that may cause the threat of harm to a child and that need to be changed and the services necessary to bring about familial changes in order to facilitate a child's safety and well being in the home environment.

Contents of a Case Plan
Rev. Stat. § 620.230

The case permanency plan shall include, but need not be limited to:

A concise statement of the reasons why the child is in the custody of the cabinet
The actions that have been taken with regard to the child
The proposed actions that may be taken with regard to the child during the next 6 months and during the entire duration of the time the child is in the custody of the cabinet
Contemplated placements for the child
If the child is placed outside of the home, reasons why the child cannot be protected adequately in the home, the harms the child may suffer if left in the home, factors that may indicate when the child can be returned to the home, and efforts the cabinet or others are making to return the child to the home
If the child is placed outside of the home, the steps that the cabinet will take to minimize the harm to the child as a result, both at the time of removal and on a long-term basis
A description of the type of home or child care facility in which the child is to be placed or has been placed, and why the placement is appropriate for the child
If the placement is outside of the child's county of residence, documentation that no closer placement is appropriate or available, and why the placement was chosen
A description of the services to be provided for the child and his or her family to facilitate the return of the child to his or her own home or to another permanent placement
A list of objectives and specific tasks, together with specific timeframes for each task, that the parents have agreed to assume, including a schedule of regular visits with the child

A projected schedule of time intervals by which each of the services, objectives, and tasks outlined in the plan should be accomplished and a schedule of time intervals that have already been accomplished or are in the process of accomplishment
If the child is to remain at home, reasons why he or she cannot be placed in foster care or why such care is not needed

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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Citation: Ky. Rev. Stat. Ann. § 620.350(2)(b) (LexisNexis through 2007 Reg. Sess.)

Statute Text:

Upon notice from any emergency medical services provider or hospital staff that a newborn infant has been abandoned at a hospital, the cabinet shall immediately seek an order for emergency custody of the infant.
Upon the infant's release from the hospital, the cabinet shall place the child in a foster home approved by the cabinet to provide concurrent planning placement services. As used in this paragraph, ''concurrent planning placement services'' means the foster family shall work with the cabinet on reunification with the birth family, if known, and shall seek to adopt the infant if reunification cannot be accomplished.

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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Rev. Stat. § 610.125
A permanency hearing shall be held:
No later than 12 months after the child has entered foster care
Every 12 months thereafter for as long as the child remains in placement
Within 30 days after a determination is made that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings
Citation: Rev. Stat. § 610.125
The following persons shall be notified of the hearing:
The child's parents
The foster parents
Any preadoptive parent
Any relative providing care for the child
The attorney for the parent
The attorney or court-appointed special advocate for the child
The foster care review board member assigned to the case

Determinations Made at Hearings
Citation: Rev. Stat. § 610.125
The court shall hear evidence concerning the care and progress of the child since the last permanency hearing, including the following:
The length of time the child has been committed to the cabinet
A description of the services and assistance provided to the parent since the last hearing and the results achieved
A description of the efforts and progress of the child's parent since the last hearing, including the number and dates of parental visits and the extent, quality, and frequency of the parent's communications with the child
Familial and institutional barriers to returning the child to the home
Recommendations of services needed to make the transition from out-of-home care to independent living for children who have reached age 16
An evaluation of the child's current placement and services provided to the child
Recommendations for services required to terminate the commitment of the child to the cabinet, to return the child home, or to facilitate another permanent placement
Recommendations for the permanency goal for the child

Permanency Options
Citation: Rev. Stat. § 610.125
The court shall determine whether the child shall be:
Returned to the parent
Placed for adoption
Placed with a permanent custodian
Placed in another planned permanent living arrangement other than those listed above when there is a compelling reason that it is in the best interests of the child

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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Rev. Stat. § 199.462; 922 Ky. Admin. Reg. 1:490

A fingerprint-based State and FBI criminal background investigation is required for a prospective foster parent and any adult household members.
[The following information is taken from the Code of State Regulations.] The administrative regulation requires the denial of an applicant in the following cases:
A criminal record check conducted on behalf of an adult household member reveals a drug or alcohol-related felony within the previous 5-year period or a felony involving a spouse, a child, sexual violence, or death.
A child abuse or neglect check conducted by the cabinet reveals that the applicant or a household member committed sexual abuse or sexual exploitation of a child, has been responsible for a child fatality related to abuse or neglect, or has had parental rights terminated involuntarily.

Requirements for Adoptive Parents
Citation: Rev. Stat. § 199.462; 922 Ky. Admin. Reg. 1:490

A fingerprint-based State and FBI criminal background investigation is required for a prospective adoptive parent and any adult household members.
[The following information is taken from the Code of State Regulations.] The administrative regulation requires the denial of an applicant in the following cases:
A criminal record check conducted on behalf of an adult household member reveals a drug or alcohol-related felony within the previous 5-year period or a felony involving a spouse, a child, sexual violence, or death.
A child abuse or neglect check conducted by the cabinet reveals that the applicant or a household member committed sexual abuse or sexual exploitation of a child, has been responsible for a child fatality related to abuse or neglect, or has had parental rights terminated involuntarily.

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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: Ky. Rev. Stat. Ann. § 620.023 (LexisNexis through 2007 2nd Ex. Sess.)

Statute Text:

Evidence of the following circumstances, if relevant, shall be considered by the court in all proceedings in which the court is required to render decisions in the best interests of the child:
Mental illness or mental retardation of the parent, as attested to by a qualified mental health professional, that renders the parent unable to care for the immediate and ongoing needs of the child
Acts of abuse or neglect toward any child
Alcohol and other drug abuse that results in an incapacity by the parent or caretaker to provide essential care and protection for the child
A finding of domestic violence and abuse, whether or not committed in the presence of the child
Any other crime committed by a parent that results in the death or permanent physical or mental disability of a member of that parent's family or household
The existence of any guardianship or conservatorship of the parent pursuant to a determination or disability or partial disability
In determining the best interests of the child, the court may consider the effectiveness of rehabilitative efforts made by the parent or caretaker intended to address circumstances in this section.

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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Rev. Stat. §§ 600.020; 610.127; 625.090

The court may involuntarily terminate all parental rights if it is shown by clear and convincing evidence that:
The child is an abused or neglected child. ''Abused or neglected child'' means a child whose health or welfare is harmed or threatened with harm when the parent:
Inflicts or allows to be inflicted upon the child physical or emotional injury by other than accidental means
Creates or allows to be created a risk of physical or emotional injury
Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to mental illness or alcohol and other drug abuse
Continuously or repeatedly fails or refuses to provide essential care and protection for the child
Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child
Abandons or exploits the child
Does not provide the child with adequate care, supervision, food, clothing, shelter, education, or medical care necessary for the child's well-being
Fails to make sufficient progress toward the goals set the case plan that results in the child remaining in foster care for 15 of the most recent 22 months
The parent has abandoned the child for a period of not less than 90 days.
The parent has been convicted of a felony that involved the infliction of serious physical injury to any child.
The parent, for a period of not less than 6 months, has failed or refused to provide, or has been substantially incapable of providing, essential parental care and protection for the child, and there is no reasonable expectation of improvement.

The parent, for reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being and that there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future, considering the age of the child.
The parent is incarcerated and will be unavailable to care for the child for a period of at least 1 year from the date of the child's entry into foster care, and there is no appropriate relative placement available during this period of time.
The parent has sexually abused the child and has refused available treatment.
The parent has been found to have engaged in abuse of the child that required removal from the parent's home two or more times in the past 2 years.
The parent's parental rights to another child have been involuntarily terminated, and the conditions that were the basis for the previous termination have not been corrected.
The parent has been convicted of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect.

Circumstances That Are Exceptions to Termination of Parental Rights
Rev. Stat. § 625.090

If the parent proves by a preponderance of the evidence that the child will not continue to be an abused or neglected child if returned to the parent, the court in its discretion may determine not to terminate parental rights.

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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Rev. Stat. §§ 216B.190; 405.075

A newborn infant may be surrendered to a safe haven provider. ''Newborn infant'' means an infant who is medically determined to be less than 72 hours old.

Who May Relinquish the Infant
Rev. Stat. §§ 216B.190; 405.075

A newborn infant may be surrendered by a parent or any person who leaves the infant with a safe haven provider and expresses an intent to leave the infant and not return.

Who May Receive the Infant
Rev. Stat. §§ 216B.190; 405.075

Safe haven providers include hospitals, emergency medical services providers, police stations, and fire stations.

Responsibilities of the Safe Haven Provider
Rev. Stat. §§ 216B.190; 405.075

Any emergency medical services provider, police officer, or firefighter who accepts physical custody of a newborn infant shall immediately arrange for the infant to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment.
Every hospital that offers emergency services shall admit and provide all necessary medical care, diagnostic tests, and medical treatment to any newborn infant brought to the hospital when the identity of the parents is unknown.

Upon admittance, the physician or hospital administrator shall immediately contact the local office of the Department for Community Based Services. The Department for Community Based Services shall immediately seek an emergency custody order in accordance with § 620.350.

Every emergency room shall make available materials to gather health and medical information concerning the infant and the parents. The materials shall be offered to the person leaving the newborn infant, and it shall be clearly stated that acceptance is completely voluntary, and completion of the materials may be done anonymously. The provisions of this section shall not apply when indicators of child physical abuse or child neglect are present.

Immunity for the Provider
Rev. Stat. § 216B.190

Any person performing medical care, diagnostic testing, or medical treatment shall be immune from criminal or civil liability for having performed the act. Nothing in this subsection shall limit liability for negligence.

Protection for Relinquishing Parent
Rev. Stat. §§ 405.075; 620.350

A parent who surrenders a newborn infant shall have the right to remain anonymous and not be pursued and shall not be considered to have abandoned or endangered the newborn infant.

No child protective services investigation or assessment shall be initiated regarding the abandonment of an infant. The provisions of this subsection shall not apply when indicators of child physical abuse or child neglect are present.

Effect on Parental Rights
Rev. Stat. §§ 405.075; 620.350

By placing a newborn infant in the manner described in this section, the parent:

Waives the right to notification required by subsequent court proceedings until such time as a claim of parental rights is made
Waives legal standing to make a claim of action against any person who accepts physical custody of the newborn infant
Upon the infant's release from the hospital, the cabinet shall place the child in a foster home to provide concurrent planning placement services. ''Concurrent planning placement services'' means the foster family shall work with the cabinet on reunification with the birth family, if known, and shall seek to adopt the infant if reunification cannot be accomplished.

At the temporary removal hearing, the court may place temporary custody with the cabinet for a minimum of 30 days. During that time, the cabinet shall request assistance from law enforcement officials to investigate through the Missing Child Information Center and other national resources to ensure that the infant is not a missing child.

As soon as practicable following the 30-day placement period, the cabinet shall file a petition with the court seeking the involuntary termination of parental rights of the unknown parents. If a claim of parental rights is made at any time prior to the court order terminating rights, the court may hold the action for involuntary termination of parental rights in abeyance for no longer than 90 days.

A hearing shall be conducted within 10 days of the assertion of parental rights. The court may order genetic testing to establish maternity or paternity at the expense of the claimant. The cabinet shall conduct a child protective services investigation or assessment and home evaluation to develop recommendations for the court.

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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: http://lrc.ky.gov/Statrev/frontpg.htm
Citations:

Adoption: Title XVII, Chapter 199, §§ 199.470 through 199.5955
Child Protection: Title LI, Chapter 620, §§ 620.020 through 620.180
Child Welfare: Title LI, Chapters 620, 625

Regulation/Policy

Website for Administrative Code: http://lrc.ky.gov/KAR/titles.htm
Note:
See Titles 920 through 922

Other Resources

Cabinet for Health and Family Services, Department for Community Based Services

Division of Protection and Permanency Standards of Practice (SOPs)
http://manuals.chfs.ky.gov/dcbs_manuals/DPP/index_dpp.asp
Child Protective Services Intake Procedures
http://chfs.ky.gov/NR/rdonlyres/A8E34E26-7A1C-46F6-9293-FA347667E036/0/CPSIntakeProcedures.doc (Word - 113 KB)
Resource Parent Handbook
http://chfs.ky.gov/NR/rdonlyres/E5F11E11-7244-41F6-B462-F5C2912E7857/0/ResourceParentHandbook.pdf (PDF - 3970 KB)
A Handbook for Kentucky Grandparents and Other Relative Caregivers
http://chfs.ky.gov/NR/rdonlyres/3F486AF6-FE96-44F3-8A21-8C2D8DF739C2/0/GrandparentsHandbook.doc (Word - 903 KB)

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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Rev. Stat. §§ 620.090; 620.140
In placing a child, the cabinet shall use the least restrictive and appropriate placement available. Preference shall be given to available and qualified relatives of a child for custody placement.

Requirements for Placement with Relatives
Citation: Rev. Stat. §§ 199.462; 605.120
Before a child can be placed in the home of a relative caregiver, a criminal background check of the relative and all adult household members must be completed.
To the extent that funds are available, the cabinet may establish a program for kinship care that provides a more permanent placement with a qualified relative for a child who would otherwise be placed in foster care.

Relatives Who May Adopt
Citation: Rev. Stat. § 199.470

A relative is a person related to the child through blood, marriage, or adoption, including a stepparent, grandparent, sister, brother, aunt, uncle, great-grandparent, great-aunt, or great-uncle.

Requirements for Adoption by Relatives
Citation: §§ 199.470, 199.462
The adoption of a child by a relative does not require placement by an agency or the permission of the secretary as other adoptions do. Before a child can be placed in the home, the secretary will require a criminal background check of the relative and all adult household members.

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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Rev. Stat. § 620.020
''Reasonable efforts'' mean the exercise of ordinary diligence and care by the department to utilize all preventive and reunification services available to the community necessary to enable to child to live safely at home.

When Reasonable Efforts Are Required
Citation: Rev. Stat. § 620.020
''Reunification services'' are remedial services that are designed to:
Strengthen the family unit
Secure reunification of the family and child where appropriate, as quickly as practicable
Prevent the future removal of the child from the family

When Reasonable Efforts Are NOT Required
Citation: Rev. Stat. §§ 610.127; 600.020
Reasonable efforts shall not be required if a court determines that:
The parent has subjected the child to aggravated circumstances, including any of the following:
The parent has not had contact with the child for more than 90 days.
The parent is incarcerated for at least 1 year, will be unavailable to care for the child, and there is no appropriate relative to care for the child.
The parent has sexually abused the child and refused available treatment.
The parent has engaged in abuse of the child that required removal two or more times in the last 2 years.
The parent has caused the child serious physical injury.
The parent has been convicted of having caused the death of another child of the parent.
The parent has committed a felony assault that resulted in serious bodily injury to the child or another child of the parent.
The parent has engaged in a pattern of conduct due to alcohol or drug abuse that has rendered the parent incapable of caring for the immediate and ongoing needs of the child, and has refused or failed to complete a treatment plan.
The parent has a mental illness or retardation that places the child at substantial risk of harm even if services were provided to the parent for 12 months.
Other circumstances make reasonable efforts inconsistent with the best interests of the child and the permanency plan for the child.

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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

These issues are not addressed in statutes reviewed.
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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Rev. Stat. §§ 199.520; 199.572; 199.575

Nonidentifying information may be provided to:
The adoptee who is age 18 or older
The adoptive parents
Identifying information is accessible to:

The adoptee who is age 18 or older
A birth sibling who is age 18 or older
A birth parent

Access to Nonidentifying Information
Citation: Rev. Stat. § 199.520

The health history and other nonidentifying background information of the birth parents and blood relatives of the adoptee shall be given to the adoptive parents and the court no later than the date of finalization of the adoption proceedings.
The information shall be made available upon the request, in person or in writing, of the adult adoptee. The information shall not be made available if it is of a nature that would tend to identify the birth parents of the adoptee, except as provided in §§ 199.570 and 199.572.

Mutual Access to Identifying Information
Citation: Rev. Stat. §§ 199.572; 199.575

If the birth parents have given consent, the adult adoptee may inspect the records pertaining to his or her adoption proceedings upon written request. If the birth parents have not given consent, the Cabinet for Health and Family Services may notify the birth parents that the adult adopted has made a request for information. The notification shall be by personal and confidential contact, without disclosing the identity of the adult adoptee.

If, after a diligent effort, the secretary of the cabinet certifies that both birth parents identified in the original birth certificate are deceased or is unable to locate the parents, then a judge may order that all adoption records shall be open for inspection to the adult adoptee. In any case, the court shall order that only identifying information about the birth parents be shared with the adult adoptee.

In situations where a preadoptive brother or sister relationship existed, and one or more of these siblings was then adopted, the following procedures shall be followed on an inquiry by one or more of the siblings to the cabinet seeking information about his brother or sister:

In all cases, an adoptee age 18 or older or a preadoptive sibling age 18 or older may file information with the cabinet about himself or herself, his or her present location, and his or her known antecedents, stating his or her interest in being reunited with his or her preadoptive siblings and authorizing the cabinet to release such information to any preadoptive siblings who may make similar inquiry.
In any case in which a person age 18 or older requests information about or expresses a desire in being reunited with a preadoptive sibling, the cabinet shall first determine whether the sibling has made similar inquiry. If the sibling has previously authorized release of information, the cabinet shall release the information to the sibling making inquiry.

Access to Original Birth Certificate
Citation: Rev. Stat. § 199.570

The original birth certificate is available only upon court order.

Where the Information Can Be Located

Department for Community Based Services, Kentucky Cabinet for Families and Children
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Rev. Stat. § 199.510
An adoption investigation shall be conducted by:
The Cabinet for Families and Children
The individual, agency, or institution designated by the court

Contents of Report About Person to be Adopted
Citation: Rev. Stat. § 199.510
The investigation shall determine whether the child is suitable for adoption.

Contents of Report About Birth Parents
Citation: Rev. Stat. § 199.520
The health history and other nonidentifying background information of birth parents and blood relatives of the adopted person shall be provided to the adoptive parents.

Contents of Report About Adoptive Parents
Citation: Rev. Stat. § 199.510
The investigation shall determine whether:
The proposed adoptive parents are financially able and morally fit to have the care, custody, and training of the child
The adoption is in the best interest of the adopted person

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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Rev. Stat. § 199.500
An adoption shall not be granted without the voluntary and informed consent of:
The living parent or parents of a child born in lawful wedlock
The mother of the child born out of wedlock
The father of the child born out of wedlock, if paternity is established in a legal action or in an affidavit acknowledging paternity of the child
A minor parent may consent to an adoption, but a guardian ad litem for the parent shall be appointed.

Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 199.500
In the case of a child age 12 or older, the consent of the child shall be given in court. The court in its discretion may waive this requirement.

When Parental Consent is not Needed
Citation: Rev. Stat. §§ 199.500; 199.502
The consent of a parent shall not be required if the parent:

Has been adjudged mentally disabled
Has had his or her parental rights terminated
Is divorced from the other parent, his or her rights have been terminated, and consent has been given by the parent having custody and control of the child
Is a birth parent who has not established parental rights
Has abandoned the child for a period of not less than 90 days
Has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury
Has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or emotional harm
Has been convicted of a felony that involved the infliction of serious physical injury to the child
For a period of not less than 6 months, has continuously or repeatedly failed, refused to provide, or been substantially incapable of providing essential parental care and protection for the child, and there is no reasonable expectation of improvement in parental care and protection
Has caused or allowed the child to be sexually abused or exploited
For reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being, and there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future
Has had his or her rights to another child involuntarily terminated and the condition or factor that was the basis for the previous termination finding has not been corrected
Has been convicted of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect

When Consent Can Be Executed
Citation: Rev. Stat. § 199.500
An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to 72 hours after the birth of the child.

How Consent Must Be Executed
Citation: Rev. Stat. § 625.040
A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner resides.

Revocation of Consent
Citation: Rev. Stat. § 199.500
If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable 20 days the placement approval or the execution of the voluntary and informed consent, whichever is later.
If placement approval by the secretary is not required, the voluntary and informed consent shall become final and irrevocable 20 days after the execution of the voluntary and informed consent.

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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Ann. Stat. § 199.470
An adoption petition must be filed in the circuit court of the relevant county.

Venue
Citation: Ann. Stat. § 199.470

The petition must be filed in the county where the petitioner resides or has resided for at least the 12 months prior to the petition.

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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Stat. § 199.585(1)-(2)

The Commonwealth of Kentucky shall recognize a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country when the child to be adopted has been approved for U.S. citizenship, or as otherwise provided by Federal law.
Upon presentation of an original decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, the secretary or his or her designee shall issue, within 30 days, a certified notice that the foreign adoption is registered in the Commonwealth of Kentucky. The secretary or his or her designee may require a translated copy if the original decree, judgment, or final order is not in English. The cabinet shall maintain all records and notices of foreign adoptions in a manner similar to other adoption records.

Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 199.585(3)

A petition for adoption under § 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 country, or for any child born outside of the United States who does not qualify for U.S. citizenship upon entry into the United States.

Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 213.056(2)

The State Registrar will prepare a record of foreign birth for a foreign-born child who was adopted by a State resident and whose record of birth cannot be obtained from the country of birth. The certificate will state that it is not evidence of U.S. citizenship for the child.

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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 246 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Rev. Stat. § 199.520

Upon granting an adoption, all legal relationships between the adopted child and the birth parents shall be terminated, except the relationship of a birth parent who is the spouse of an adoptive parent.

Adoptive Parents in Relation to Adopted Person
Citation: Rev. Stat. § 199.520

Upon entry of the adoption decree, the adopted person shall be deemed the child of the adoptive parents for purposes of inheritance.

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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

These issues are not addressed in statutes reviewed.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Rev. Stat. § 199.590(6)(a)

Payment of the following expenses is permitted:
Fees for legal services
Cost of placement services
Expenses of the birth parents

Birth Parent Expenses Not Allowed
Citation: Rev. Stat. § 199.493
No adoptive parent, agency, or intermediary shall pay the attorney's fees of a birth parent for any purpose related to an adoption action, except as approved by the court.

Allowable Payments for Arranging Adoption
Citation: Rev. Stat. § 199.590(3), (5)
No person, association, or organization, other than the cabinet or a child-placing institution or agency shall place a child or act as intermediary in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt, or uncle, or upon written approval of the secretary.
A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for bringing the adoptive parents together with the child to be adopted or the birth parents of the child to be adopted.

Allowable Payments for Relinquishing Child
Citation: Rev. Stat. § 199.590(2)
A person, agency, institution, or intermediary shall not sell or purchase or procure for sale or purchase any child for the purpose of adoption or any other purpose, including termination of parental rights.

Allowable Fees Charged by Department/Agency
Citation: Rev. Stat. §§ 199.590(2); 199.473; Admin. Regs., 922 KAR 1:010
A child-placing agency may charge a fee for adoption services.

Except for a child-placing agency or institution, the department, a stepparent, grandparent, or other close relative, any person who wishes to place or receive a child for adoption shall make written application to the secretary for permission. Prior to the approval of an application to place or receive a child, the required fee shall be paid, and a home study shall be completed.

In regulation: The Cabinet for Health and Family Services shall be paid a nonrefundable fee of $200 upon the filing of the written application for permission to place or receive a child.

Accounting of Expenses Required by Court
Citation: Rev. Stat. § 199.590(6)(a)
In every adoption proceeding, the expenses paid, including, but not limited to, any fees for legal services, placement services, and expenses of the birth parent or parents, by the prospective adoptive parents for any purpose related to the adoption shall be submitted to the court, supported by an affidavit, setting forth in detail a listing of expenses for the court's approval or modification.

In the event the court modifies the expense request as it relates to legal fees and legal expenses only, the attorney for the adoptive parents shall not have any claim against the adoptive parents for the amount not approved.

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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Rev. Stat. § 205.710

''Parent'' means a biological or adoptive mother or father of a child born in wedlock or a father of a child born out of wedlock if paternity has been established in a judicial proceeding or in any manner consistent with the laws of this or any other State.

Putative father registry
Rev. Stat. §§ 213.046; 406.025

When a birth occurs in a hospital to a woman who is unmarried, the person in charge of the hospital or that person's designated representative shall immediately before or after the birth of a child, except when the mother or the alleged father is a minor:
Provide written materials and information concerning genetic paternity testing
If the parents wish to acknowledge paternity, require the voluntary acknowledgment of paternity obtained through the hospital-based program be signed by both parents and be authenticated by a notary public
If the mother or the alleged father is a minor, the paternity determination shall be conducted pursuant to Chapter 406.

The voluntary acknowledgment-of-paternity forms designated by the Vital Statistics Branch shall be the only documents having the same weight and authority as a judgment of paternity.

When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

The physician in attendance at or immediately after the birth
Any other person in attendance at or immediately after the birth
The father or mother
The person in charge of the premises where the birth occurred or of the institution to which the child was admitted following the birth
Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity affidavit by the mother and alleged father that has been submitted to the State Registrar of Vital Statistics, paternity shall be rebuttably presumed for the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a child support order.

Alternate means to establish paternity
Rev. Stat. § 406.021; 625.065

Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. Paternity may be determined by the District Court when the mother and father of the child do either of the following:

Submit affidavits in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child
Give testimony before the District Court in which the mother states the name and Social Security number of the child's father and the father admits paternity of the child
Voluntary acknowledgment of paternity pursuant to § 213.046 shall create a rebuttable presumption of paternity.

The putative father of a child shall be made a party and brought before the circuit court in the same manner as any other party to an involuntary termination action if one of the following conditions exists:

He is known and voluntarily identified by the mother by affidavit.
Prior to the entry of a final order in a termination proceeding, he shall have acknowledged the child as his own by affirmatively asserting paternity in the action or to the custodial agency or the party bringing the action within 60 days after the birth of the child.
He has caused his name to be affixed to the birth certificate of the child.
He has commenced a judicial proceeding claiming parental right.
He has contributed financially to the support of the child, either by paying the medical or hospital bills associated with the birth of the child or financially contributing to the child's support.
He has married the mother of the child or has lived openly or is living openly with the child or the person designated on the birth certificate as the biological mother of the child.
Any person to whom none of the above conditions apply shall be deemed to have no parental rights to the child in question.

Required Information

This issue is not addressed in the statutes reviewed.

Revocation of claim to paternity

This issue is not addressed in the statutes reviewed.

Access to information
Rev. Stat. § 406.035

If paternity has been determined under the provisions § 406.021(1) or (2), the court shall make a written order of paternity.

Information concerning this action shall not be published or be open for public inspection, including where the cabinet determines reasonable evidence of domestic violence or child abuse, if the disclosure of the information could be harmful to the custodial parent or the child of the parent.

Such orders are to be kept separately and shall not be open for public inspection except that they may be inspected by:

Employees of governmental agencies in the performance of their duties
All law enforcement agencies including county attorneys, Commonwealth's attorneys, district and circuit judges, and anyone else under order of the court expressly permitting inspection
Either party to an action or attorneys of a party to an action

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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 273 KB) publication.

Use of Advertisement
Citation: Rev. Stat. § 199.590(1)

A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published, prepared, sold, or distributed in the Commonwealth of Kentucky shall not contain an advertisement that solicits children for adoption or solicits the custody of children.

Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 199.590(3), (5)

No person, association, or organization, other than the Cabinet or a child-placing institution or agency, shall place a child or act as intermediary in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt, or uncle, or upon written approval of the Secretary.

A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for bringing the adoptive parents together with the child to be adopted or the biological parents of the child to be adopted. This section shall not interfere with the legitimate practice of law by an attorney.

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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Rev. Stat. § 199.470
Any person, age 18 or older, who has been a State resident for at least 12 months may adopt.
A husband and wife must petition jointly.

Who May Be Adopted
Citation: Rev. Stat. § 199.470
Any child may be adopted.

Who May Place a Child for Adoption
Citation: Rev. Stat. §§ 199.470; 199.473
The child’s placement must:

Be by a child-placing institution or agency or the cabinet
Have the written approval of the secretary
No approval shall be necessary in the case of:

Adoption by a stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt, or great uncle
Placement by an agency from outside the State with the written consent of the secretary
An adoption finalized in another country

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