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State Employees Entitled to Qualified Immunity Where Parent Gives Explicit Consent to Removal of Children
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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
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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.
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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
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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
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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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