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Termination of Mother with Diagnosis of Factitious Disorder by Proxy’s Parental Rights Affirmed
T.P. v. Commonwealth No. 2024-CA-0402-ME Scott Family Court Opinion by Judge Cetrulo Date Rendered: August 30, 2024 Child was born in 2009, and no father was identified. Mother had been the subject of at least four investigations regarding Child, beginning when Child was just a few months old. In 2017, concerns arose that Mother was…
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Separation of Powers Doctrine Requires Hoskins Hearing
A.S. v. Commonwealth NO. 2024-CA-0245-ME Bullitt Family Court Opinion by Judge Easton Date Rendered: July 19, 2024 Issues: Whether the family court violated the separation of powers doctrine by refusing to dismiss charges against A.S. when requested by the prosecutor. Whether the family court erred in finding neglect against A.S. despite lack of supporting evidence.…
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State Employees Entitled to Qualified Immunity Where Parent Gives Explicit Consent to Removal of Children
Bambach v. Moegle No. 23-1372 Six Circuit Opinion by Judge McKeague Date Rendered: February 8, 2024 Issue: Whether social worker and supervisor employed by state Children Protective Services can assert qualified immunity as a defense to constitutional violations when removing children from parental custody pending investigation. Father and Mother divorced in 2013. In 2015, Mother…
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Attorney Sanctioned for Not Following RAP
J.P.T. v. Commonwealth of Kentucky, Cabinet for Health and Family Services Case No. 2023-CA-0218 Boone Circuit Court Opinion by Judge Acree Date Rendered: May 3, 2024 Mother and Father were undergoing a divorce when the underlying DNA petition was initiated. They shared custody of their children by an agreed order and were prohibited from committing…
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Notice of Appeal Cannot be Electronically Filed in Termination of Parental Rights (“TPR”) Cases.
CHFS v. D.W. Case No. 2022-SC-0521-DGE Jefferson Family Court Opinion by Justice Conley Date Rendered: December 14, 2023 Issue: Whether electronically filed notice of appeal in termination of parental rights matter is timely when it was filed in the incorrect matter. On July 20, 2021, the Family Court issued a written final order terminating the…
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