(1) The parties to an action for voluntary termination of parental rights shall be the parent seeking termination, whose presence is not required if represented by counsel for the parent when an appearance-waiver and consent-to-adopt form is filed with the court, but the court shall appoint a guardian ad litem to represent the best interest of the child, unless one has already been appointed in a proceeding under KRS Chapter 620.
(2) The guardian ad litem shall be paid a fee to be fixed by the court, not to exceed five hundred dollars ($500), to be paid by the petitioner, except if the Cabinet for Health and Family Services receives custody of the child, the guardian ad litem shall be paid by the Finance and Administration Cabinet.
(3) The parent may sign an appearance-waiver and consent-to-adopt form when the parent chooses not to attend a voluntary termination of parental rights proceedings. This form, prescribed by the Administrative Office of the Courts, shall:
(a) Contain a statement of acknowledgment and agreement, regarding the appearance at the proceeding, signed by the parent, counsel for the parent, and the cabinet. If the parent is a minor, the form shall also be signed by the guardian of the minor parent;
(b) Contain the parent's notarized signature;
(c) Contain any address to which the parent requests the final judgment be served.
(4) If a joint petition is filed, counsel shall be designated as attorney for both parties. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 37, sec. 3, effective July 15, 2024. -- Amended 2005 Ky. Acts ch. 99, sec. 669, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 57, sec. 12, effective March 17, 1998; and ch. 426, sec. 620, effective July 15, 1998. -- Created 1988 Ky. Acts ch. 350, sec. 64, effective April 10, 1988.
Notes of Decisions
Cited in
5
cases, 2003–2014 · leading case:
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
· cites it 6× “Moore and Dorning had not filed an "Appearance-Waiver And Consent-To-Adopt," see KRS 625.041 (Form AOC-292), in the TPR action, and thus, when Moore and Dorning decided not to voluntarily terminate their parental rights, that decision, in effect, terminated the voluntary TPR…”
Morgan v. Getter, 441 S.W.3d 94 (Ky. 2014).
“In termination actions, however, both voluntary, KRS 625.041, and involuntary, KRS 625.080, a "guardian ad litem” must be appointed "to represent the best interests of the child.”
Com. v. LJP, 316 S.W.3d 871 (Ky. 2010).
“" KRS 625.041. Nobody else is listed as possible parties.”
D.L.B. v. Cabinet for Health & Fam. Servs., 418 S.W.3d 426 (Ky. Ct. App. 2014).
“The statute permits counsel for the parent to file the petition so long as the Appearance-Waiver and Consent-to-Adopt forms are signed by the parent, counsel, and Cabinet pursuant to KRS 625.041(3)-(4). KRS 625.040(1). In this case, father failed to comply with the statutory…”
— Ky. Rev. Stat. § 625.041(3) — 2 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
“Moore and Dorning had not filed an "Appearance-Waiver And Consent-To-Adopt," see KRS 625.041 (Form AOC-292), in the TPR action, and thus, when Moore and Dorning decided not to voluntarily terminate their parental rights, that decision, in effect, terminated the voluntary TPR…”
D.L.B. v. Cabinet for Health & Fam. Servs., 418 S.W.3d 426 (Ky. Ct. App. 2014).
“The statute permits counsel for the parent to file the petition so long as the Appearance-Waiver and Consent-to-Adopt forms are signed by the parent, counsel, and Cabinet pursuant to KRS 625.041(3)-(4). KRS 625.040(1). In this case, father failed to comply with the statutory…”
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