J.E. , ET AL. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. The Court of Appeals dismiss these appeals as interlocutory holding that “a disposition order, not an adjudication order, is the final and appealable order with regard to a decision of whether a child is dependent, neglected, or abused.” 2017-CA-001751-ME,...Read More

Published Opinion from Ky Court of Appeals: C.B. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. The trial court found that Child was neglected by the Father, although Father had sought drug treatment, ceased drug use, followed his case plan, and obtained employment. Father appealed arguing that “the evidence against him...Read More

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...Read More

MIRANDA V. MIRANDA This matter came before the Court on two separate appeals involving the same parties. The facts of the first appeal concern the marital residence. Pursuant to the parties’ Marital Settlement Agreement, Husband was to pay Wife $15,000.00 after he refinanced the marital home within 90 days. The agreement separately stated that if...Read More

M.P.R. V. COMMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN, ET AL. The trial court terminated rights of father with a long history of incarceration and drug abuse. Father appealed arguing the court erred in finding he had abandoned child and did not give “appropriate weight to his fundamental rights.” The Court of Appeals affirmed...Read More

C. K. V. CABINET FOR HEALTH AND FAMILY SERIVCES, COMMONWEALTH OF KENTUCKY, ET AL. Mother died in a home fire and the Cabinet took emergency custody of child. The Cabinet placed child with maternal grandmother. The Cabinet also filed a dependency action against Father who had not seen child in over two years. Father “filed...Read More

H. M. R. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Trial court initially found that Father had not abandoned child, but upon motion to alter, amend, or vacate from the Cabinet “concluded that Father had abandoned Child during the time Child was in foster care” referencing Father’s failure to complete...Read More

K.C.O. V. CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. Trial Court awarded grandparent visitation to paternal grandparents in a DNA action. Paternal grandparents had not filed a Petition to intervene or requested visitation. Parents appealed. The Court of Appeals vacated the grandparent visitation order holding that a Trial Court may not sua sponte award...Read More

K. M.J. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appeals from termination of her parental rights. After the hearing the trial court “deferred the matter” and conducted a further hearing four months later. Mother argued the trial court was required to either terminate her rights or dismiss the Cabinet’s...Read More

E.Y. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appealed trial court’s dependency adjudication arguing that as dependency was not alleged in the Petition, the trial court did not have the authority to make a finding of dependency. The mother did not raise the issue at the trial court level,...Read More