KRS 625.0405: Appointment of attorney to represent indigent parent for termination of

rights for purpose of adoption -- Expenses paid by prospective adoptive

parents to be submitted to court -- Penalty.

(1) A parent desiring the termination of his or her parental rights and a transfer of the

parental rights to a person, persons, the cabinet, or a child -placing agency licensed

by the cabinet for the purpose of adoption may prior to or upon the filing of the

petition request the Circuit Court to appoint an attorney t o represent the parent and

provide legal representation in the termination action. If the court determines

pursuant to KRS Chapter 31 that the requesting parent is indigent, the court shall

appoint an attorney (within forty -eight (48) hours) to represent t he indigent parent.

The attorney for the indigent parent shall receive a fee to be fixed by the court, not

to exceed five hundred dollars ($500) and assessed as costs, and the court may order

the costs to be paid by the proposed adoptive parent, parents, o r agency before the

entry of a judgment of termination, except the attorney's fee shall be paid by the

Finance and Administration Cabinet if termination is not granted, or if custody of

the child is placed with the cabinet.

(2) (a) In every voluntary termi nation proceeding, the expenses paid, including but

not limited to any fees for legal services, placement services, and expenses of

the biological parent or parents, by the prospective adoptive parent for any

purpose related to a termination of parental ri ghts shall be submitted to the

court, supported by an affidavit, setting forth in detail a listing of the expenses

for the court's approval or modification.

(b) In the event the court modifies the expense request as it relates to legal fees

and legal expenses only, the attorney for the prospective adoptive parents shall

not have any claim against the prospective adoptive parents for the amount not

approved.

(3) Any person who violates subsection (2) of this section shall be guilty of a Class A

misdemeanor.