2014 Kentucky Revised Statutes CHAPTER 625 - TERMINATION OF PARENTAL RIGHTS 625.0405 Appointment of attorney to represent indigent parent for termination of rights for purpose of adoption -- Expenses paid by prospective adoptive parents to be submitted to court -- Penalty.
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625.0405 Appointment of attorney to represent indigent parent for
termination of rights for purpose of adoption -- Expenses paid by
prospective adoptive parents to be submitted to court -- Penalty.
(1)
(2)
(3)
A parent desiring the termination of his or her parental rights and a transfer of
the parental rights to a person, persons, the cabinet, or a child-placing agency
licensed by the cabinet for the purpose of adoption may prior to or upon the
filing of the petition request the Circuit Court to appoint an attorney to represent
the parent and provide legal representation in the termination action. If the
court determines pursuant to KRS Chapter 31 that the requesting parent is
indigent, the court shall appoint an attorney (within forty-eight (48) hours) to
represent the indigent parent. The attorney for the indigent parent shall receive
a fee to be fixed by the court, not to exceed five hundred dollars ($500) and
assessed as costs, and the court may order the costs to be paid by the
proposed adoptive parent, parents, or agency before the entry of a judgment of
termination, except the attorney's fee shall be paid by the Finance and
Administration Cabinet if termination is not granted, or if custody of the child is
placed with the cabinet.
(a) In every voluntary termination proceeding, the expenses paid, including
but not limited to any fees for legal services, placement services, and
expenses of the biological parent or parents, by the prospective adoptive
parent for any purpose related to a termination of parental rights shall be
submitted to the court, supported by an affidavit, setting forth in detail a
listing of the expenses for the court's approval or modification.
(b) In the event the court modifies the expense request as it relates to legal
fees and legal expenses only, the attorney for the prospective adoptive
parents shall not have any claim against the prospective adoptive parents
for the amount not approved.
Any person who violates subsection (2) of this section shall be guilty of a Class
A misdemeanor.
Effective:March 17, 1998
History: Amended 1998 Ky. Acts ch. 57, sec. 9, effective March 17, 1998. -Created 1994 Ky. Acts ch. 242, sec. 18, effective July 15, 1994.
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