05RS SB16


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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

SB 16 (BR 424) - J. Westwood, W. Blevins Jr, D. Boswell, T. Buford, R. Jones II, J. Rhoads, R. Roeding, G. Tapp, D. Thayer

     AN ACT relating to adoption.
     Create a new section of KRS Chapter 199 to allow a final adoption certified by the United States Secretary of State pursuant to the Intercountry Adoption Act of 2000 to be recognized as a final valid adoption in this Commonwealth; provide that in all other cases of an adoption from a foreign nation that a person may file a petition in the Circuit Court in the county of his or her residence for an order to the registrar of vital statistics for the issuance of a Kentucky birth certificate to a child adopted in the foreign nation; specify documents to accompany the petition; provide the Administrative Office of the Courts may devise a simple form to be used as the petition; provide that no other additional paperwork, home evaluations, or other administrative procedures shall be required; and amend KRS 199.470 to expand the persons to whom a child may be adopted without approval of the cabinet secretary to include a blood relative or a de facto custodian.


     HCS - Replace original provisions and amend KRS 199.470 to permit a court to order a home study in a relative adoption; amend KRS 199.473 to specify that a home study of a proposed adoptive home be conducted prior to approval of the application for adoption; require home study to be conducted in accordance with administrative regulations; require the cabinet to conduct the home study for families whose income is less than 250% of the federal poverty level unless the applicant requests the study performed by a child-placing agency and require the cabinet to provide information on licensed child-placing agencies to applicants whose income is more than 250% of the poverty level; require a petition for temporary custody and a notice of intent to adopt to be filed with the court when temporary custody is sought prior to the secretary's ruling on an application for adoption and require notice to the cabinet; require a hearing on the petition within 72 hours; require records to be incorporated into the adoption file; require a hearing on the status and custody of the child if the adoption is not finalized within 6 months of the hearing on temporary custody; prohibit temporary custody prior to the secretary's ruling on adoption application until the court has reviewed a criminal records check on the applicant and require the background to be part of the adoptive home study; require the cabinet to petition court for review when a child is placed in a home without the court's review of the background check or without permission of the cabinet secretary; increase the adoption application fee paid to the cabinet from $150 to $200; make technical changes; add new sections to require Kentucky courts to recognize a final order of adoption from a foreign country; require the secretary of the Cabinet for Families and Children to issue a certified notice that the adoption is registered in Kentucky and to maintain adoption records; require state adoption procedures for a child born outside the United States who does not qualify for United States citizenship upon entry into the United States; amend KRS 199.470 to add international adoptions to adoptions that do not require approval of the cabinet secretary.

     Jan 4-introduced in Senate
     Jan 7-to Judiciary (S)
     Feb 8-reported favorably, 1st reading, to Calendar
     Feb 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 10, 2005
     Feb 10-3rd reading, passed 33-0
     Feb 11-received in House
     Feb 14-to Health and Welfare (H)
     Feb 17-posted in committee
     Mar 2-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 3-2nd reading, to Rules
     Mar 4-posted for passage in the Regular Orders of the Day for Monday, March 7, 2005
     Mar 8-3rd reading, passed 95-0 with Committee Substitute; received in Senate; posted for passage for concurrence in House Committee Substitute; Senate concurred in House Committee Substitute; passed 34-0
     Mar 21-enrolled, signed by each presiding officer; delivered to Governor
     Mar 31-signed by Governor (Acts ch. 175)

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