C6.31.2 Attorneys Involved in the TPR Action

Legal Authority

The SSW is knowledgeable of and works with, as appropriate, the attorneys involved in the termination of parental rights (TPR) action, to include the:

Guardian ad litem (GAL): The GAL is an attorney who is appointed to represent the best interest of the child as outlined in SOP C6.5 Appointment of the Guardian Ad Litem (GAL);
Parents’ attorney: Parents have a right to legal representation in termination actions. If a parent does not have an attorney and the circuit court determines that the parent is indigent, the court may appoint an attorney to represent the parent's interests.
Regional attorney: The regional attorney or other attorney assigned by the Office of Legal Services (OLS), which represents the Cabinet for Health and Family Services (Cabinet/CHFS) in the TPR action;
Warning order attorney: A warning order attorney is necessary when the party to be summoned is avoiding summons or the party’s whereabouts are unknown. If the party is out of state but a current address is known, then the party may be served by certified mail, by personal service, or by the warning order attorney.

The SSW does not attempt to request the appointment of a warning order without explicit direction from OLS.
The circuit court clerk appoints a warning order attorney, upon request of the petitioner.
The warning order attorney is required to report the results of their efforts to the court within fifty (50) calendar days after appointment.