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 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 11.5 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 the parent to be indigent, the court may appoint an attorney to represent the interest of the parents;
Regional attorney: The regional attorney or other attorney assigned by the Office of Legal Services (OLS), which represents the Cabinet 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) days after appointment.