FAMILY LAW (termination of parental rights): Commonwealth, Cabinet for Health and Family Services v. D.G.R. (COA 1/22/2010)

Commonwealth, Cabinet for Health and Family Services v. D.G.R.
2009-CA-000745 01/22/2010 2010 WL 199576

Opinion by Judge Lambert; Judge VanMeter concurred; Senior Judge Henry dissented by separate opinion. The Court reversed an order of the circuit court denying a petition to terminate appellees’ parental rights. The Court held that the trial court erred in finding that termination was not in the child’s best interest when all but one of the factors in KRS 625.090(3) weighed in favor of termination being in the child’s best interest. While there was some evidence presented in favor of the parents and their minimal efforts to improve the care of the child, the evidence did not constitute substantial evidence, much less clear and convincing evidence.

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