KRS 625.0403: Voluntary termination during pendency of proceedings under KRS

Chapter 620 -- Parental election -- Consent form -- Definition.

(1) As used in this section, "voluntary and informed" means that at the time of the

execution of the consent, the consenting person was fully informed of the legal

effect of the consent, that the consenting person was not given or promised anything

of value, that the consenting person was not coerced in any way to execute the

consent, and that the consent was voluntar ily and knowingly given. If at the time of

the execution of the consent the consenting person was represented by independent

legal counsel, there shall be a presumption that the consent was voluntary and

informed.

(2) Notwithstanding KRS 625.040, a parent may elect to voluntarily terminate his or

her parental rights during the pendency of a proceeding under KRS Chapter 620 by

signing a consent form prescribed by the Administrative Office of the Courts,

which shall be filed with the court and contain the following:

(a) Date, time, and place of the execution of the consent;

(b) Consenting person's relationship to the child;

(c) Name and place of residence of the parent;

(d) Name, sex, date of birth, and place of residence of the child;

(e) A concise statement of the factual basis for the termination of parental rights;

(f) A statement that the consent:

1. Was voluntary and informed; and

2. Will be final and irrevocable seventy -two (72) hours after the execution

of the consent. This consent may be withdrawn only by written

notification:

a. Filed with the court; and

b. Sent to the proposed adoptive parent or the attorney of the

proposed adoptive parent, if any;

on or before the expiration of the seventy -two (72) hours by certified or

registered mail and also by first-class mail;

(g) A statement that the parent has received a completed and signed copy of the

consent at the time of the execution of the consent;

(h) Name and address of the individual or of the cabinet or authorized agency to

which parental rights are sought to be transferred, if known;

(i) A statement that the individual, cabinet, or authorized agency to whom

custody is to be given has facilities available, is willing to receive the custody

of the child, and in the case of an individual, that he or she, if not excepted by

KRS 199.470(4), has applied for the written approval of the secretary or the

secretary's designee for the child's placement;

(j) A statement of acknowledgement and agreement waiving the parent's

appearance at a hearing, signed by the parent, counsel for the parent, and the

cabinet;

(k) Any address to which the parent requests the final judgment be served; and

(l) The parent's notarized signature. If the parent is a minor, the form shall also

be signed by the guardian of the minor parent.

(3) The parent seeking termination shall not be required to attend proceedings under

this section.

(4) A termination order under t his section shall be entered only upon a finding by the

court that termination would be in the best interest of the child.

(5) (a) Proceedings under this section shall otherwise be governed by KRS 625.0405,

625.0407, 625.041, 625.042, 625.043, 625.044, 625.045, and 625.046, but any

reference to a petition shall be considered a reference to a consent form under

subsection (1) of this section, and any reference to the petitioner shall be

considered a reference to the parent seeking termination under this section.

(b) If proceedings under this section are in District Court, then any reference to

the Circuit Court shall be considered a reference to the District Court, as

applicable.