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625.042 Conduct of hearings.
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Within three (3) days after a petition for the voluntary termination of parental rights
is filed, the Circuit Court shall set a date for a hearing which shall not be more than
thirty (30) calendar days after the petition is filed. In any case in which the child's
permanent custody is proposed to be transferred to an individual not excepted by
KRS 199.470(4) or (5), a final order of termination shall be entered only if the
proposed custodian has received the written approval of the secretary or the
secretary's designee for the child's placement as required by KRS 199.473.
The Circuit Court shall require notice to be served upon the local representative of
the cabinet in any case in which a statement from the cabinet of willingness to
accept custody of the child has not been filed with the petition, or custody of the
child is to be placed with an individual unless the placement has been approved by
the cabinet. It shall not be necessary to serve notice upon the cabinet if custody of
the child is to be placed with the cabinet or with a child-placing agency.
Proceedings under this chapter shall be completed as soon as practicable. All
hearings shall be held before the Circuit Court privately for the purpose of
determining the facts.
An official stenographic or mechanical record shall be made of the proceedings and
retained for a period of five (5) years.
The best interests of the child shall be considered paramount, including but not
limited to matters relating to child support.
At the time of the hearing, the Circuit Court, after full and complete inquiry, shall
determine whether each petitioner is fully aware of the purpose of the proceedings
and the consequences of the provisions of this chapter.
Effective: March 17, 1998
History: Amended 1998 Ky. Acts ch. 57, sec. 10, effective March 17, 1998. -Amended 1994 Ky. Acts ch. 242, sec. 15, effective July 15, 1994. --Created 1988
Ky. Acts ch. 350, sec. 65, effective April 10, 1988.
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