Rosenbaum, Elwood

Wetzel, H. E.

English

University of Kentucky

Kentucky Law JournalVolume 39 | Issue 1 Article 51950Child Welfare and Public AssistanceH. E. WetzelUniversity of KentuckyElwood RosenbaumFollow this and additional works at: https://uknowledge.uky.edu/kljPart of the Social Welfare Law Commons, and the State and Local Government Law CommonsRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journalby an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationWetzel, H. E. and Rosenbaum, Elwood (1950) "Child Welfare and Public Assistance," Kentucky Law Journal: Vol. 39 : Iss. 1 , Article 5.Available at: https://uknowledge.uky.edu/klj/vol39/iss1/5CHILD WELFARE AND PUBLIC ASSISTANCEBy H. E. WETZEL* AND ELWOOD ROSENBAUM"The 1950 session of the General Assembly rewrote numerous sec-tions of the laws dealing with public assistance and child welfare,including the entire adoption statute. However, few of the changesin procedure were really significant, and many of the additions simplygave legislative sanction to practices developed by extensive andfavorable experience as regulations of the Department of EconomicSecurityThe principal changes in the new statute, codified in KRS 199.470to 199.630, relate to the consent required for adoption. Consent ofthe Department of Economic Security to an adoption is no longeressential. Also, provision was made for terminating the rights ofnatural parents prior to the adoption proceedings; and, in certaininstances, the Court was given authority to grant an adoption withoutthe consent of either the Department of Economic Security or thenatural parents of the child to be adopted. Some changes as to thenecessary parties plaintiff and the defendant were made and the re-quirement of a guardian ad litem for the child was eliminated whereits natural parents are parties defendant.The major changes, in the order in which they appear in the newstatute, are as follows:1. Petition. The Circuit Court now has authority to waive therequirement that in a married person s petition for adoption the hus-band or wife also be joined as party plaintiff.i The former requirementthat the petition be verified has now been deleted.2. Parties defendant. A new section has been added providing forthe termination of the rights of the natural parents in a separate actionprior to the adoption.2  Where this is done the natural parents arenot necessary parties defendant in the later adoption proceeding. TheAct further provides that no guardian ad litern for the child is neces-sary if its natural parents are parties defendant although the childmust still be named a party defendant.3 Formerly, this was true only* Professor and Head of Department of Social Welfare, Umversity of Ken-tucky, Lexington, Ky., B.S.S.A., M.A., Ohio State Umversity.** Member of Lexington, Ky., Bar; A.B., Berea College; LL.B., Umversity ofKentucky.'-Ky. REv. STAT. sec. 199.470.Id. sec. 199.600.3 Id. sec. 199.400.PUBLIC ASSISTANCE ..when the Department of Economic Security or some individual, insti-tution or agency had been awarded the care, custody and control ofthe child and it was named a party defendant.3. Consent. Formerly the consent of the Department of EconomicSecurity was required when the child to be adopted had no parent,next of kin, statutory guardian or person standing tn loco parentis andthe consent of the Department was formerly required when the childwas illegitimate or when its parents were incompetent. The consentof the Department of Economic Security is not necessary to the grant-ing of an adoption under the new Act, although the former procedureof furnishing the Department with a copy of the petition and the re-port by the Department to the Court is still required.4It is now possible to grant the adoption of a child of divorcedparents when the parent with the custody of the child consents tothe adoption, even in case the other parent should refuse consent.When the provisions of sections 199.500 (4) and 199.600 (1) or (2)relating to neglected or abandoned children are satisfied, it is alsomade possible to grant the adoption without the consent of theirnatural parents or the Department of Economic Security4. Order of adoption and judgment of adoption. Section 199.520requires the entry of an order of adoption, which contains a statementof the jurisdictional facts and directs the entry of a judgment ofadoption. Section 199.530 then requires the entry of a judgment ofadoption which will contain only the adopted name of the child with-out any reference to it's former name.5. Aimuilment. The 1950 Act added a new section, 199.540 (1),which provides for the annullment of adoption within five years upondiscovery of certain unknown racial traits.6. Birth certificate. The new Act provides for the filing with theDivision of Vital Statistics of a birth certificate for the adopted childin its adopted name.0A new responsibility long recommended by those who work withchildren,-was given to-the Department of Economic Security by sec-tions 199.640 to 199.670 which require that after July 1, 1950 everychild caring or child placing agency in the state shall have a licenseissued by the Department. Minimum records on children cared foror placed are required to be kept by the agencies. The Departmentis authorized to adopt regulations for such agencies, establishing'Id. sec. 199.510.'Id. see. 199.570.KENTUCKy LAw JOURNALstandards of care and service relating to the health and safety ofchildren.Chapter 205 on Public Assistance combines three former chapterson Old Age Assistance, Aid to the Needy Blind, and Assistance toChildren. A number of the regulations adopted by the Departmentof Economic Security since its establishment by the 1948 GeneralAssembly are now written into the lawOther items now a part of the statute include:1. Witnesses and evidence. Broadened powers are given the De-partment to subpoena witnesses and records and to require testimonyunder proper safeguards in all matters relating to the admimstrationof the Act.62. Eligibility for Public Assistance. Proper application and proofof residence m the state for the period prescribed by regulation isrequired." Receipt of assistance which was formerly prohibited toinmates of private institutions is now permitted8 Another new pro-vision gives the Department authority to require bastardy proceedingsas a condition of eligibility unless it would be futile or not to the bestinterest of the child, the mother, or the state.9 Similarly, action maybe required to enforce support by a parent who has abandoned a child.8. Amount of Assistance. Specific authority is given to proratefunds over all categories of assistance if the available funds during abudgetary period are not sufficient to meet the full needs of re-cipients.1  Maximum restrictions on grants are removed. Resourcesof the applicant are now defined to include the value of the ]omt andseparate property and income of any old age applicant and spouse ifliving together.4. Payments. The Department is now given authority to requestan accounting from any person receiving grants on behalf of anotherindividual and to suspend payment pending reasonable assurance thatfuture grants will be properly used.i' Id. sec. 205.170.Id. sec. 205.200.'Ibzd.'Ibzd.' Id. see. 205.210.'11 Id. see. 205.220.

Child Welfare and Public Assistance

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