Ky.gov
Effective: 03/01/2023

11.35 Voluntary Termination of Parental Rights (TPR)

Legal Authority

Introduction

​​​​​​​​SSWs may not assist parents or answer any legal questions associated with a voluntary termination of parental rights (TPR). When an SSW is placed in this role, there is the potential for unintended consequences for the Cabinet for Health and Family Services, (Cabinet/CHFS) as well as legal ramifications in the case.    

Practice Guidance



Procedure

When a parent expresses interest in or has questions about a voluntary TPR, the SSW:
  1. Advises the parent to speak with their attorney;
  2. Notifies the court at the next court date and requests an attorney be appointed for the parent;1
  3. Notifies the Office of Legal Services (OLS); 
  4. Consults with the Adoption Services Branch when a voluntary TPR will result in an adoption dissolution; 
  5. Does not provide the parent with the DSS-158 Petition for Voluntary Termination of Parental Rights (form removed from SOP manual) or provide advice in the completion of a voluntary TPR petition. The parent files the AOC 292 form with the court; 
  6. Does not advise that a voluntary TPR will have no impact on the parents’ case with the Department for Community Based Services (DCBS) or their ability to care for future children. This is especially important when the parent has a pending TPR or in the event of expectant mothers who are currently involved with DCBS; and 
  7. Follows SOP 2.3 Acceptance Criteria​ when the parent has made an appropriate birth/adoptive plan.




Footnotes

  1. ​The worker may request an earlier court date if the case involves a transient or difficult to locate parent, or if the next court date will not be held for several months. ​​



Documents

Revisions

​3/1/2023 Delete: 

Assistance may be given to a parent in the preparation of a voluntary petition upon approval by the FSOS. The Office of Legal Services (OLS) may assist in drafting and filing a voluntary TPR action. Voluntary terminations from seriously emotionally disturbed or mentally retarded parents shall not be accepted without consultation from OLS.

The petition for voluntary TPR is filed in Family or Circuit court of the judicial circuit where the petitioner or child resides or in the Family or Circuit court in the county in which juvenile court actions, if any, concerning the child have commenced.  Pursuant to KRS 625.040, no petition can be filed prior to three (3) days after the birth of the child.

Practice Guidance
  • When the child’s custody is to be vested in the Cabinet upon the court’s entry of the final order of termination, the SSW follows procedures outlined in SOP 11.37 Appearance Waiver and Consent to Adopt and will not under any circumstance sign an appearance waiver or consent to adopt form.
  • When only one parent has consented to a voluntary termination of parental rights, consideration is given to other persons having rights to the child.  A plan is made regarding those persons having parental rights to the child, prior to the SSW assisting the parent in filing a petition for voluntary termination as outlined in SOP 11.35.1 Voluntary TPR Petition/Drafting.
  • Under no circumstance will the Cabinet assist a parent who is seeking termination of parental rights as a means of abdicating a child support responsibility or adoption planning has not been initiated by:
    • A child placing agency;
    • A relative exempted pursuant to KRS 199.470 (4); or
    • An individual with the written approval pursuant to KRS 199.473.
  • Under these circumstances the SSW contacts OLS for legal assistance if the Cabinet opposes the parent’s petition.

3/1/2023 Addition: 

When a parent expresses interest in or has questions about a voluntary TPR, the SSW:
  1. Advises the parent to speak with their attorney;
  2. Notifies the court at the next court date and requests an attorney be appointed for the parent;1
  3. Notifies the Office of Legal Services (OLS); 
  4. Consults with the Adoption Services Branch when a voluntary TPR will result in an adoption dissolution; 
  5. Does not provide the parent with the DSS-158 Petition for Voluntary Termination of Parental Rights (form removed from SOP manual) or provide advice in the completion of a voluntary TPR petition. The parent files the AOC 292 form with the court; 
  6. Does not advise that a voluntary TPR will have no impact on the parents’ case with the Department for Community Based Services (DCBS) or their ability to care for future children. This is especially important when the parent has a pending TPR or in the event of expectant mothers who are currently involved with DCBS; and 
  7. Follows SOP 2.3 Acceptance Criteria​ when the parent has made an appropriate birth/adoptive plan.

Footnotes

  1. ​The worker may request an earlier court date if the case involves a transient or difficult to locate parent, or if the next court date will not be held for several months. ​​