If for any reason whatsoever a petition for adoption of a minor child be dismissed or the
judgment of adoption annulled, the following disposition shall be made of the child:
(1) If the child is, or was, prior to the filing of the petition, in the care, custody, and
control of the cabinet, individual, institution, or agency, then the child shall be
returned to the custody of the cabinet or such individual, institution, or agency;
(2) Otherwise the court shall certify the case to the juvenile session of the District Court
of the county where the adoption proceeding is pending for appropriate action and
disposition. Said District Court shall advise the cabinet of the pendency of such
action.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 177, effective January
2, 1978. -- Created 1950 Ky. Acts ch. 125, sec. 18.
Notes of Decisions
Cited in
3
cases, 1973–2003 · leading case:
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
· cites it 2× “[67] Although not argued, we are aware of the provisions of KRS 199.550 that provide for the return of a child not adopted "to the custody of the cabinet or such individual, institution, or agency"; however, this statute is not applicable to this matter for two reasons.”
Day v. Day, 937 S.W.2d 717 (Ky. 1997).
· cites it 3× “Since we now reinstate the trial court’s decision to dismiss the petition for adoption, Marvin Lee Day is entitled to immediate physical custody of his child pursuant to KRS 199.550. Therefore, we remand this case to the Harlan Circuit Court with directions to order the…”
Hill v. Poole, 493 S.W.2d 482 (Ky. Ct. App. 1973).
“Actually, could there be a better reason for the withdrawal of the consent ? Finally, the Hills state that should this court sustain the order dismissing the adoption permanent custody of the child should be awarded to them under KRS 199.550, which provides that if a petition…”
— Ky. Rev. Stat. § 199.550(1) — 1 case
Day v. Day, 937 S.W.2d 717 (Ky. 1997).
“Since we now reinstate the trial court’s decision to dismiss the petition for adoption, Marvin Lee Day is entitled to immediate physical custody of his child pursuant to KRS 199.550. Therefore, we remand this case to the Harlan Circuit Court with directions to order the…”
— Ky. Rev. Stat. § 199.550(2) — 1 case
Day v. Day, 937 S.W.2d 717 (Ky. 1997).
“Since we now reinstate the trial court’s decision to dismiss the petition for adoption, Marvin Lee Day is entitled to immediate physical custody of his child pursuant to KRS 199.550. Therefore, we remand this case to the Harlan Circuit Court with directions to order the…”
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