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AN ACT relating to involuntary termination of parental rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 625.090 is amended to read as follows: 3
(1) The Circuit Court may involuntarily terminate all parental rights of a parent of a 4
named child, if the Circuit Court finds from the pleadings and by clear and 5
convincing evidence that: 6
(a) 1. The child has been adjudged to be an abused or neglected child, as 7
defined in KRS 600.020(1), by a court of competent jurisdiction; 8
2. The child is found to be an abused or neglected child, as defined in KRS 9
600.020(1), by the Circuit Court in this proceeding; 10
3. The child is found to have been diagnosed with neonatal abstinence 11
syndrome at the time of birth, unless his or her birth mother: 12
a. Was prescribed and properly using medication for a legitimate 13
medical condition as directed by a health care practitioner that may 14
have led to the neonatal abstinence syndrome; or 15
b. Is currently, or within ninety (90) days after the birth, enrolled in 16
and maintaining substantial compliance with both a substance 17
abuse treatment or recovery program and a regimen of prenatal 18
care or postnatal care as recommended by her health care 19
practitioner throughout the remaining term of her pregnancy or the 20
appropriate time after her pregnancy; or 21
4. The parent has been convicted of a criminal charge relating to the 22
physical or sexual abuse or neglect of any child and that physical or 23
sexual abuse, neglect, or emotional injury to the child named in the 24
present termination action is likely to occur if the parental rights are not 25
terminated; 26
(b) 1. The Cabinet for Health and Family Services has filed a petition with the 27 UNOFFICIAL COPY 22 RS HB 217/GA
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court pursuant to KRS 620.180 or 625.050; or 1
2. A child-placing agency licensed by the cabinet, any county or 2
Commonwealth's attorney, or a parent has filed a petition with the 3
court under KRS 625.050; and 4
(c) Termination would be in the best interest of the child. 5
(2) No termination of parental rights shall be ordered unless the Circuit Court also finds 6
by clear and convincing evidence the existence of one (1) or more of the following 7
grounds: 8
(a) That the parent has abandoned the child for a period of not less than ninety 9
(90) days; 10
(b) That the parent has inflicted or allowed to be inflicted upon the child, by other 11
than accidental means, serious physical injury; 12
(c) That the parent has continuously or repeatedly inflicted or allowed to be 13
inflicted upon the child, by other than accidental means, physical injury or 14
emotional harm; 15
(d) That the parent has been convicted of a felony that involved the infliction of 16
serious physical injury to any child; 17
(e) That the parent, for a period of not less than six (6) months, has continuously 18
or repeatedly failed or refused to provide or has been substantially incapable 19
of providing essential parental care and protection for the child and that there 20
is no reasonable expectation of improvement in parental care and protection, 21
considering the age of the child; 22
(f) That the parent has caused or allowed the child to be sexually abused or 23
exploited; 24
(g) That the parent, for reasons other than poverty alone, has continuously or 25
repeatedly failed to provide or is incapable of providing essential food, 26
clothing, shelter, medical care, or education reasonably necessary and 27 UNOFFICIAL COPY 22 RS HB 217/GA
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available for the child's well-being and that there is no reasonable expectation 1
of significant improvement in the parent's conduct in the immediately 2
foreseeable future, considering the age of the child; 3
(h) That: 4
1. The parent's parental rights to another child have been involuntarily 5
terminated; 6
2. The child named in the present termination action was born subsequent 7
to or during the pendency of the previous termination; and 8
3. The conditions or factors which were the basis for the previous 9
termination finding have not been corrected; 10
(i) That the parent has been convicted in a criminal proceeding of having caused 11
or contributed to the death of another child as a result of physical or sexual 12
abuse or neglect; 13
(j) That the child has been in foster care under the responsibility of the cabinet 14
for fifteen (15) cumulative months out of forty-eight (48) months preceding 15
the filing of the petition to terminate parental rights; or 16
(k) That the child has been removed from the biological or legal parents more 17
than two (2) times in a twenty-four (24) month period by the cabinet or a 18
court. 19
(3) In determining the best interest of the child and the existence of a ground for 20
termination, the Circuit Court shall consider the following factors: 21
(a) Mental illness as defined by KRS 202A.011(9), or an intellectual disability as 22
defined by KRS 202B.010(9) of the parent as certified by a qualified mental 23
health professional, which renders the parent consistently unable to care for 24
the immediate and ongoing physical or psychological needs of the child for 25
extended periods of time; 26
(b) Acts of abuse or neglect as defined in KRS 600.020(1) toward any child in the 27 UNOFFICIAL COPY 22 RS HB 217/GA
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family; 1
(c) If the child has been placed with the cabinet, whether the cabinet has, prior to 2
the filing of the petition made reasonable efforts as defined in KRS 620.020 to 3
reunite the child with the parents unless one or more of the circumstances 4
enumerated in KRS 610.127 for not requiring reasonable efforts have been 5
substantiated in a written finding by the District Court; 6
(d) The efforts and adjustments the parent has made in his circumstances, 7
conduct, or conditions to make it in the child's best interest to return him to his 8
home within a reasonable period of time, considering the age of the child; 9
(e) The physical, emotional, and mental health of the child and the prospects for 10
the improvement of the child's welfare if termination is ordered; and 11
(f) The payment or the failure to pay a reasonable portion of substitute physical 12
care and maintenance if financially able to do so. 13
(4) If the child has been placed with the cabinet, the parent may present testimony 14
concerning the reunification services offered by the cabinet and whether additional 15
services would be likely to bring about lasting parental adjustment enabling a return 16
of the child to the parent. 17
(5) If the parent proves by a preponderance of the evidence that the child will not 18
continue to be an abused or neglected child as defined in KRS 600.020(1) if 19
returned to the parent the court in its discretion may determine not to terminate 20
parental rights. 21
(6) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter 22
findings of fact, conclusions of law, and a decision as to each parent-respondent 23
within thirty (30) days either: 24
(a) Terminating the right of the parent; or 25
(b) Dismissing the petition and stating whether the child shall be returned to the 26
parent or shall remain in the custody of the state. 27