-
Separation of Powers Doctrine Requires Hoskins Hearing
admin
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.…
-
Interested Persons with Proper Standing who File a DNA Action Are Accorded the Status of a Party-Plaintiff
admin
G.M.A. v. Commonwealth Case No. 2023-CA-0941-ME Gallatin Family Court Opinion by Judge Eckerle Date Rendered: May 3, 2024 Issue: Whether Interested Persons are entitled to status as parties to DNA proceedings. Paternal Grandparents filed a DNA Petition on behalf of their Grandchild alleging that Grandchild had been living with them since birth at the request…
-
State Employees Entitled to Qualified Immunity Where Parent Gives Explicit Consent to Removal of Children
admin
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…
-
Notice of Appeal Cannot be Electronically Filed in Termination of Parental Rights (“TPR”) Cases.
admin
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…