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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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Courts Must Inquire as to Indigency in Stepparent Adoptions
R.V.K.H. v. S.M.S. Case No. 2023-CA-0136-ME Graves Circuit Court Decided by Acree, Dixon, And McNeill, Judges. Opinion by Dixon, Judge Date Rendered: October 27, 2023 Issue: Whether the UCCJEA applies in adoption proceedings. Issue: Whether KRS 199.502(3) requires courts to conduct an inquiry of indigency when biological parents appear pro se in adoption proceedings. Child…
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Kentucky Court of Appeals Grants Writ of Prohibition and Stays Jefferson County Family Court DNA Action Pending Breckenridge County Ruling on Custody and Adoption Petitions
H.H., ET AL. v. HONORABLE LORI GOODWIN, JUDGE, JEFFERSON FAMILY COURT, ET AL. Case No. 2022-CA-1023-OA Original Action arising from Jefferson Family Court Decided by Dixon, Lambert, and Maze, Judges Opinion by Maze, Judge Date Rendered: December 2, 2022 Issue: Whether Family Court Erred and Writ of Prohibition Should be Issued Minor child was born…
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Recent Post
- Court of Appeals Affirms Family Court’s Imposition of CR 37.02 Discovery Sanctions
- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
