Father being a registered sex offender does not alone support a finding of neglect of parent, Ky Court of Appeals

Journal Categories

R.S., ET AL. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES

CFHS brought dependency and neglect action on behalf of sons as father was a registered sex offender. Their action was not precipitated by any violation of the law. The family court entered orders requiring all contact between sons and father to be supervised. Father and mother appealed arguing Father plead guilty to sex crimes over a decade ago and was low-risk to reoffend, so there were no facts supporting the family court’s order.

The Court of Appeals agrees with parents reversing the family court and remanding the case to be dismissed holding that “a finding of neglect cannot be sustained solely on a child living with a biological parent who is a registered sex offender.” In this case, CFHS presented no facts indicating any actual harm or any facts indicating a risk or threat of harm to the children. Thus, there was no basis for the Court “to further interfere in the rights of mother and father to rear their two sons.”

Digested by Elizabeth M. Howell

 

Share this

This web site is designed for general information only. The information presented at this site should not be considered to be formal legal advice nor the formation of a lawyer-client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
© Diana L. Skaggs + Partners, PLLC · 623 W. Main Street · Louisville, KY · 40202 · Tel: (502) 562-0050 · Fax: (502) 582-3523

THIS IS AN ADVERTISEMENT