{"data":{"id":"us-ky/krs-625.090","jurisdiction":"us-ky","citation":"KRS 625.090","heading":"Grounds for involuntary termination of parental rights.            (Effective","body":"until October 1, 2026)\n(1) The Circuit Court may involuntarily terminate all parental rights of a parent of a\nnamed child, if the Circuit Court finds from the record by  clear and convincing\nevidence that:\n(a) 1. The child has been adjudged to be an abused or neglected child, as\ndefined in KRS 600.020(1), by a court of competent jurisdiction;\n2. The child is found to be an abused or neglected child, as defined in KRS\n600.020(1), by the Circuit Court in this proceeding;\n3. The child is found to have been diagnosed with neonatal abstinence\nsyndrome at the time of birth, unless his or her birth mother:\na. Was prescribed and properly using medication for a legitimate\nmedical condition as directed by a health care practitioner that may\nhave led to the neonatal abstinence syndrome;\nb. Is currently, or within ninety (90) days after the birth, enrolled in\nand maintaining substantial compliance with both a substance\nabuse treatment or recovery program and a regimen of prenatal\ncare or postnatal care as recommended by her health care\npractitioner throughout the remaining term of her pregnancy or the\nappropriate time after her pregnancy; or\nc. In the absence of a prescription for the t reatment of a legitimate\nmedical condition, agrees, prior to discharge from the hospital, to\nparticipate in a court -ordered assessment by a drug treatment\nprovider and the assigning of a certified peer support specialist for\nreferral to appropriate treatme nt, and agrees to participate in\ntreatment which shall commence within ninety (90) days after the\nbirth; or\n4. The parent has been convicted of a criminal charge relating to the\nphysical or sexual abuse or neglect of any child and that physical or\nsexual abuse, neglect, or emotional injury to the child named in the\npresent termination action is likely to occur if t he parental rights are not\nterminated;\n(b) 1. The Cabinet for Health and Family Services has filed a petition with the\ncourt pursuant to KRS 620.180 or 625.050; or\n2. A child -placing agency licensed by the cabinet, any county or\nCommonwealth's attorney, or a parent has filed a petition with the court\nunder KRS 625.050; and\n(c) Termination would be in the best interest of the child.\n(2) No termination of parental rights shall be ordered unless the Circuit Court also finds\nby clear and convincing evidence the  existence of one (1) or more of the following\ngrounds:\n(a) That the parent has abandoned the child for a period of not less than ninety\n(90) days;\n(b) That the parent has inflicted or allowed to be inflicted upon the child, by other\nthan accidental means, serious physical injury;\n(c) That the parent has continuously or repeatedly inflicted or allowed to be\ninflicted upon the child, by other than accidental means, physical injury or\nemotional harm;\n(d) That the parent has been convicted of a felony that inv olved the infliction of\nserious physical injury to any child;\n(e) That the parent, for a period of not less than six (6) months, has continuously\nor repeatedly failed or refused to provide or has been substantially incapable\nof providing essential parental  care and protection for the child and that there\nis no reasonable expectation of improvement in parental care and protection,\nconsidering the age of the child;\n(f) That the parent has caused or allowed the child to be sexually abused or\nexploited;\n(g) That the parent, for reasons other than poverty alone, has continuously or\nrepeatedly failed to provide or is incapable of providing essential food,\nclothing, shelter, medical care, or education reasonably necessary and\navailable for the child's well -being and that there is no reasonable expectation\nof significant improvement in the parent's conduct in the immediately\nforeseeable future, considering the age of the child;\n(h) That:\n1. The parent's parental rights to another child have been involuntarily\nterminated;\n2. The child named in the present termination action was born subsequent\nto or during the pendency of the previous termination; and\n3. The conditions or factors which were the basis for the previous\ntermination finding have not been corrected;\n(i) That the parent has been convicted in a criminal proceeding of having caused\nor contributed to the death of another child as a result of physical or sexual\nabuse or neglect;\n(j) That the child has been in foster care under the responsibility of the cabinet\nfor fifteen (15) cumulative months out of forty -eight (48) months preceding\nthe filing of the petition to terminate parental rights; or\n(k) That the child has been removed from the biological or legal parents more\nthan two (2) times in a twenty -four (24) mon th period by the cabinet or a\ncourt.\n(3) In determining the best interest of the child and the existence of a ground for\ntermination, the Circuit Court shall consider the following factors:\n(a) Mental illness as defined by KRS 202A.011(9), or an intellectu al disability as\ndefined by KRS 202B.010(9) of the parent as certified by a qualified mental\nhealth professional, or a disability as defined in KRS 199.011, if the mental\nillness, intellectual disability, or disability renders the parent consistently\nunable to care for the immediate and ongoing physical or psychological needs\nof the child for extended periods of time;\n(b) Acts of abuse or neglect as defined in KRS 600.020(1) toward any child in the\nfamily;\n(c) If the child has been placed with the cabinet, whether the cabinet has, prior to\nthe filing of the petition:\n1. Made reasonable efforts as defined in KRS 620.020 to reunite the child\nwith the parents unless one or more of the circumstances enumerated in\nKRS 610.127 for not requiring reasonable efforts have been\nsubstantiated in a written finding by the District Court; or\n2. Provided a parent with a disability as defined in KRS 199.011 with\ntargeted adaptive and supportive services based on an individual\nassessment of the parent, or has received a writte n acknowledgement\nfrom the parent knowingly and affirmatively rejecting the offered\nservices;\n(d) The efforts and adjustments the parent has made in his or her circumstances,\nconduct, or conditions to make it in the child's best interest to return the child\nto his or her home within a reasonable period of time, considering the age of\nthe child;\n(e) The physical, emotional, and mental health of the child and the prospects for\nthe improvement of the child's welfare if termination is ordered; and\n(f) The payment or the failure to pay a reasonable portion of substitute physical\ncare and maintenance if financially able to do so.\n(4) If the child has been placed with the cabinet, the parent may present testimony\nconcerning the reunification, adaptive or supportive services offered by the cabinet,\nand whether additional services would be likely to bring about l asting parental\nadjustment enabling a return of the child to the parent.\n(5) If the parent proves by a preponderance of the evidence that the child will not\ncontinue to be an abused or neglected child as defined in KRS 600.020(1) if\nreturned to the parent,  or if the parent proves by a preponderance of the evidence\nthat appropriate and specifically targeted adaptive or supportive services based\nupon an individual assessment of the parent have not been offered or provided to\nthe parent, the court in its discretion may determine not to terminate parental rights.\n(6) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter\nfindings of fact, conclusions of law, and a decision as to each parent -respondent\nwithin thirty (30) days either:\n(a) Terminating the right of the parent; or\n(b) Dismissing the petition and stating whether the child shall be returned to the\nparent or shall remain in the custody of the state.\nEffective: June 27, 2025","path":["KRS Chapter 625"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56127","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:09Z","sha256":"9c10bd052b5925efd183662e08aa0cb414e4c4ee1a290f5b8df02d2fc481f933","source_id":"us-ky","stale":false,"prev":"us-ky/krs-625.080","next":"us-ky/krs-625.100"},"notice":"GroundRules: Original legal text. Not legal advice."}