R.M. v. Cabinet for Health and Fam. Servs., Com. Harrison Circuit Court Questions Presented: Termination of Parental Rights. Best Interests of the Child. Reasonable Efforts. Substantial evidence in the case supported trial court judge’s decision to terminate parental rights despite acknowledged cultural barriers and the children’s express wishes to return to their parents. Children were...Read More

A.G. v. Cabinet for Health & Fam. Servs., Com. Jefferson Circuit Court Questions Presented: Interstate Compact for The Placement of Children (ICPC). KRS 615.030. Opinion of the Court reversing the Court of Appeals and vacating the judgment of the Jefferson Family Court terminating the parental rights of A.G. to his minor son. Court held that...Read More

S.S. v. Cabinet for Health and Fam. Servs., Com. Ohio Family Court After giving birth to Child, Mother suffered many medical issues, which prevented her from providing the level of care she wanted to give Child, leaving the care mostly to Father. Child was suffering from diarrhea and vomiting, prompting Mother to call the pediatrician....Read More

M.C. v. Com., Cabinet for Health and Fam. Servs. Calloway Circuit Court Questions Presented: KRS 600.020(1). Abused or Neglected Child. Sufficiency of Evidence. Evidence of parent’s consumption of alcohol was not sufficient to support a finding that the children were abused or neglected under the statute and did not warrant removal. Father is the biological...Read More

Com., Cabinet for Health and Family Services v. J.M.A. Jefferson Circuit Court Alleging abuse and neglect of Older Daughter, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse (“DNA”) petition against Mother. Family Court placed Older Daughter in Maternal Grandmother’s custody, ordering Mother to complete several treatments, maintain sobriety,...Read More

Cabinet for Health and Family Services, Com. v. K.S. Questions Presented: Dependency, Neglect and Abuse. Due Process. KRS 31.110(1)(b). Funding for Expert Assistance. Considering whether expert assistance must be provided to indigent parties in dependency, neglect and abuse cases, KRS 31.110(1)(b) does not so entitle an indigent parent to state funded assistance. However, under certain...Read More

S.B. v. Cabinet for Health and Family Services, Com. Jefferson Family Court After cannabinoids and opiates were detected in Child’s system after birth, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse petition, resulting in Family Court ordering a treatment plan for her parents. Mother soon after died, and...Read More

D.L.B. v. Commonwealth http://opinions.kycourts.net/coa/2019-CA-001168.pdf Father appealed a finding that he physically abused his son. The caption of Father’s notice of appeal listed “In re: [D.L.B., IV, a minor child” and “Commonwealth of Kentucky, Cabinet for Health and Family Services” as Petitioners. The body of the notice of appeal named Father as the appellant and “the...Read More

T.S. v. Kentucky, et al. Grandmother, and custodian of the children at issue herein, was named as the person responsible for abuse and neglect the court found to have occurred. Grandmother appealed. The Court of Appeals ordered Grandmother to show cause why the appeal should not be dismissed for failure to name the Cabinet for...Read More

T.C. v. M.E., et al.   Mother and Father had joint custody of Child following divorce. Mother was designated the primary residential parent. During a period of Father’s parenting time, Child injured his arm at Father’s mother’s home when Child and Father were playing. While running and jumping together, Child lost his balance, and Father...Read More