(1) Upon filing a petition for the adoption of a minor child, the clerk of the court shall forward two (2) copies of the petition to the cabinet. The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court:
(a) Whether the contents of the petition required by KRS 199.490 are true;
(b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and
(c) Whether the adoption is to the best interest of the child and the child is suitable for adoption.
(2) The report of the cabinet or the designated person, agency or institution shall be filed with the court as soon as practicable but not later than ninety (90) days from the placement of the child or ninety (90) days after the filing date of the petition, whichever is longer, unless for good cause the court by written order extends the period of time for filing the report. If the cabinet or the designated person, agency or institution is unable to make the report, it shall within ten (10) days of receipt of the petition notify the court of its inability to conduct the investigation, and the court may designate some other person, agency or institution to make the necessary investigation. If the court designates some other person, agency or institution, the clerk shall forward one (1) copy of the petition to such person, agency or institution and shall notify the cabinet of such other designation at the time he forwards the petition to the cabinet.
(3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be considered its answer to the petition.
(4) The clerk's fee for copying and forwarding the copies of the petitions required by this section shall be taxed as a cost of the action. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 242, sec. 7, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 121, sec. 2. -- Amended 1956 Ky. Acts ch. 157, sec. 12. -- Created 1950 Ky. Acts ch. 125, sec. 14.
Notes of Decisions
Cited in
23
cases (
6 in the last 5 years), 1960–2026 · leading case:
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
· cites it 9× “On March 30, 2017, the confidential report required of the Cabinet by KRS 199.510 was filed with the court clerk.”
E.K. v. T.A., 572 S.W.3d 80 (Ky. Ct. App. 2019).
· cites it 7× “In her response, Step-mother argued that the Cabinet was not an indispensable party, pertaining to Count I, and that the GAL report satisfied the report requirement of KRS 199.510. In its April 20, 2017 order, the trial court dismissed the amended petition, finding the Cabinet…”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
· cites it 2× “490 were true, Adoptive Parents were of good moral character and financially able to support Child, that Child was suitable for adoption and adoption was in Child's best interests.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
· cites it 7× “Both KRS 199.510 and the Jefferson Family Court Rules of Procedure (JFRP) 2 also require the Cabinet’s post-petition participation.”
Baker v. Webb, 127 S.W.3d 622 (Ky. 2004).
· cites it 2× “515 allows the court to conduct an independent hearing after the Cabinet has filed its investigation report: After the report of the guardian ad litem, if any, for the child and the report required by KRS 199.510 have been filed, the court at any time on motion of its own or…”
Pierce v. Pierce, 522 S.W.2d 435 (Ky. Ct. App. 1975).
· cites it 4× “The clerk of the court was required by KRS 199.510 to forward two copies of the petition for adoption, when filed, to the Department of Child Welfare; whereupon, the department was required to investigate various matters and report to the court.”
Warner v. Ward, 401 S.W.2d 62 (Ky. Ct. App. 1966).
· cites it 2× “The ensuing investigation by the Department of Child Welfare, KRS 199.510, proved adverse to the petition.”
Commonwealth, Dep't of Child Welfare v. Jarboe, 464 S.W.2d 287 (Ky. Ct. App. 1971).
· cites it 2× “The Department filed as a part of its answer the report of the welfare worker as required by KRS 199.510 and prayed that the petition be dismissed and that the restraining order against the Department be dissolved and requested the court to allow the Department of Welfare to…”
R.M. v. R.B., 281 S.W.3d 293 (Ky. Ct. App. 2009).
· cites it 3× “Second, KRS 199.510 requires the Cabinet, upon the filing of the petition, to be notified thereof and to commence an investigation of the proposed adoption and submit a report to the court.”
Keeling v. Minton, 339 S.W.2d 464 (Ky. Ct. App. 1960).
· cites it 3× “In conformity with KRS 199.510(1) copies of the petition were filed with the Department of Economic Security for the purpose of investigation.”
S.B.P. v. R.L., 567 S.W.3d 142 (Ky. Ct. App. 2018).
· cites it 2× “did in this case- KRS 199.510 applies. That statute reads in its entirety.”
Dickey v. Boxley, 481 S.W.2d 283 (Ky. Ct. App. 1972).
“It does not prohibit the court from allowing the adoption if one or more of the facts do not exist as long as the court is of the opinion that the welfare of the child will be served by the adoption.”
— Ky. Rev. Stat. § 199.510(1) — 11 cases
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
“On March 30, 2017, the confidential report required of the Cabinet by KRS 199.510 was filed with the court clerk.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“490 were true, Adoptive Parents were of good moral character and financially able to support Child, that Child was suitable for adoption and adoption was in Child's best interests.”
E.K. v. T.A., 572 S.W.3d 80 (Ky. Ct. App. 2019).
“In her response, Step-mother argued that the Cabinet was not an indispensable party, pertaining to Count I, and that the GAL report satisfied the report requirement of KRS 199.510. In its April 20, 2017 order, the trial court dismissed the amended petition, finding the Cabinet…”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
“Both KRS 199.510 and the Jefferson Family Court Rules of Procedure (JFRP) 2 also require the Cabinet’s post-petition participation.”
S.B.P. v. R.L., 567 S.W.3d 142 (Ky. Ct. App. 2018).
“did in this case- KRS 199.510 applies. That statute reads in its entirety.”
— Ky. Rev. Stat. § 199.510(1)(a) — 2 cases
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
“On March 30, 2017, the confidential report required of the Cabinet by KRS 199.510 was filed with the court clerk.”
— Ky. Rev. Stat. § 199.510(1)(c) — 1 case
— Ky. Rev. Stat. § 199.510(2) — 6 cases
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
“On March 30, 2017, the confidential report required of the Cabinet by KRS 199.510 was filed with the court clerk.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
“Both KRS 199.510 and the Jefferson Family Court Rules of Procedure (JFRP) 2 also require the Cabinet’s post-petition participation.”
Keeling v. Minton, 339 S.W.2d 464 (Ky. Ct. App. 1960).
“In conformity with KRS 199.510(1) copies of the petition were filed with the Department of Economic Security for the purpose of investigation.”
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