C6.30.1 Voluntary TPR Hearing and Order of Judgment

Introduction

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Practice Guidance

  • The family or circuit court sets a date for the termination of parental rights (TPR) hearing within three (3) working days after a petition for voluntary TPR is filed. 
  • The hearing is:
    • Held not more than thirty (30) calendar days after the petition is filed;  and
    • To prove to the court that TPR and placement of the child with the Cabinet for Health and Family Services (Cabinet/CHFS) is in the best interest of the child.
  • A private hearing is held and an official or mechanical record is:
    • Made of the proceedings; and
    • Retained by the court for a period of five (5) years.
 
  • After the close of testimony, the court enters an order terminating all parental rights and obligations of the parent and transfers wardship of the child(ren) to the Cabinet or other person or agency the court believes best qualifies to receive them.
  • The order terminating parental rights and the order of judgment are recorded by the circuit court clerk in the court records. 
  • Termination judgment orders are confidential records, and requests for copies will be processed through open record procedures as outlined in SOP G1.20 CPS Open Records Request and Disclosure of Information​.


Procedure

​The SSW:

  1. Attends the voluntary TPR hearing and accepts the child for placement for adoption  if TPR is granted and wardship transferred to the Cabinet;
  2. Obtains a certified copy of the order terminating parental rights and the order of   judgment from the circuit court clerk;
  3. Forwards the certified copy to the central office Adoption Services Branch;
  4. Maintains copies of each in the child's and the family’s case record file;
  5. Prepares the child’s presentation summary as outlined in the SOP C13.10 Preparing the Presentation Summary Packet​.


Documents

Revisions