Commonwealth of Kentucky, Cabinet for Health and Family Services v. NBD Under the Immigration and Nationality Act, an undocumented juvenile immigrant may apply for permanent residency by obtaining special immigration status. To obtain special immigration status, the immigrant child must present findings to a state juvenile court that satisfy certain criteria. A Family Court declined...Read More
C.S., A MINOR CHILD V. COMMONWEALTH OF KENTUCKY “A court may only hold a child in contempt of court to enforce a valid court order previously issued by the court. KRS 610.010(11). It is manifestly unjust to subject a juvenile to sanctions for contempt, especially confinement in a detention facility, when the status offense case...Read More
We don't usually cover truancy or status matters on this blog. There was one published truancy case decided today, J.L. v. Commonwealth which is linked here, but which we will not digest.Read More
A.M. v. Com., –S.W.3d—(Ky. App. 2007), 2007 WL 491160 (Ky.App) designated to be published. Issue: Whether the circuit court erred in sua sponte dismissing an appeal based on untimely perfection of the appeal. The Court held yes, it was error because the juvenile lost his right of appeal solely due to his prior counsel’s negligence....Read More
Lexington Herald Leader, February 6, 2006: Open hearings an issue in parental rights LEGISLATURE TO CONSIDER ADOPTION LAW CHANGES By Beth Musgrave And Valarie Honeycutt Spears HERALD-LEADER STAFF WRITERS Same day. Same argument. Two different judges, two different answers.Read More
N.T.G. v. Commonwealth, 185 S.W.3d 218 (Ky.App. 2006) Issue and Holding: Whether a juvenile court can probate a sentence of detention for a juvenile under the age of 14, when a juvenile under the age of 14 cannot be sentenced to detention. The Court held no, a juvenile court cannot probate a juvenile to a...Read More
Steven Kriegshaber, Louisville attorney, and a past president of the Kentucky Chapter of the AAML, serves on the national AAML Special Concerns of Children Committee, and helped author a publication, REPRESENTING CHILDREN: Standards for Attorneys & Guardian Ad Litems in Custody or Visitation Proceedings. Published several years ago, it advocates that GALs not make recommendations...Read More
Commonwealth v. C.J., a Child; 156 SW3d 296 (Ky., 2005) There is no right of appeal from a Juvenile Court ruling that a case is to be resolved by informal adjustment.Read More
A.W., a Child v. Commonwealth, 163 SW3d 4 (Ky., 2005) KRS 635.060 does not act as a limitation on the length of sentence a Juvenile Court may impose in the appropriate exercise of its inherent contempt powers for violation of its orders. A juvenile can be held in contempt for violating the conditions of probation.Read More
