Ky. Rev. Stat. § 625.070

Service of process -- Copy of petition to foster parent

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(1) In any action for involuntary termination of parental rights, service upon the parties shall be accomplished by personal service where possible or constructive service where personal service is not possible, pursuant to the Kentucky Rules of Civil Procedure. (2) No service shall be necessary if a disclaimer of paternity or a petition for voluntary termination of parental rights has been executed by a parent or alleged parent and filed in the record, or an order terminating parental rights has been entered by a Circuit Court of competent jurisdiction. (3) Notwithstanding the provisions of the Kentucky Rules of Civil Procedure, appointment of a guardian ad litem for a child in an action for termination of parental rights, and service of the petition upon the guardian ad litem shall be sufficient for personal jurisdiction over the child in the action. (4) Within five (5) days of filing a petition for involuntary termination of parental rights, the petitioner shall send a courtesy copy of the petition to the foster parent, if the child is currently placed with a foster parent, by certified mail or hand delivery. Upon request of the court, the petitioner shall provide documentation of sending through either a copy of a signed mailing receipt or an affidavit verified by the foster parent. If the foster parent's name and address are unknown to the petitioner, then the courtesy copy shall be served on the secretary of the Cabinet for Health and Family Services, who shall cause it to be delivered in any manner provided by the Rules of Civil Procedure to the foster parent. Effective: March 16, 2020 History: Amended 2020 Ky. Acts ch. 14, sec. 2, effective March 16, 2020. -- Amended 1998 Ky. Acts ch. 57, sec. 14, effective March 17, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 73, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 103, effective July 1, 1987.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1997–2025 · leading case: Dotson v. Rowe

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Dotson v. Rowe (1997) kyctapp “KRS 625.070 provides that, if possible, service in termination cases is by personal service; since the parent often cannot be located, however, it expressly provides for constructive service.”

Com. v. LJP (2010) ky “In addition, KRS 625.070 does not require non-parental relatives or potential custodians to be given notice of involuntary termination proceedings.”

Commonwealth of Kentucky,, Cabinet for Health and Family Services v. L. J. P. (2010) ky “In addition, KRS 625.070 does not require non-parental relatives or potential custodians to be given notice of involuntary termination proceedings.”

M.A.B. v. Commonwealth of Kentucky, Cabinet for Health and Family Services (2021) ky “”29 Additionally, at the circuit court level, KRS 625.070(3) directs that [n]otwithstanding the provisions of the Kentucky Rules of Civil Procedure, appointment of a guardian ad litem for a child in an action for termination of parental rights, and service of the petition upon…”

M.M.A. v. Commonwealth of Kentucky, Cabinet for Health and Family Services (2025) kyctapp “9 See KRS 625.070; see also CR 4.07. 9 A Warning Order Attorney acts on behalf of the court system, making a diligent effort to locate and inform parties that an action has been filed.”

— Ky. Rev. Stat. § 625.070(3) — 1 case

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