FAMILY LAW – Termination of parental rights: R.M. v. R.B (COA 2/27/2009)

R.M. v. R.B.
2008-CA-001099
02/27/2009
2009 WL 485089
Opinion by Judge Taylor; Judge Lambert and Senior Judge Graves concurred.

The Court affirmed an order of the circuit court denying appellants’ motion to terminate the appellee biological father’s parental rights.

The Court first held that while the circuit court erred in conducting an evidentiary hearing and permitting appellants to present their case under KRS Chapter 625, because the substantial provisions of KRS 625.090(2) pertaining to involuntary termination were identical to those in KRS 199.502(1) for adoption proceedings, it was not necessary to reverse because the proper result was reached. The Court also held that the Report from the Cabinet required by KRS 199.510 was essential to support appellants’ claims that adoption was in the best interest of the child and that without the Report the circuit court could not grant the adoption as a matter of law.

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