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Interested Persons with Proper Standing who File a DNA Action Are Accorded the Status of a Party-Plaintiff
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…
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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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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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