COA 2010 Minutes: March 26, 2010 (Nos. 302-335)
- 36 decisions
- 1 Published
- 3 orders dismissing appeal
- 1 motion to publish
- 5 orders denying petition for rehearing
- 0 orders denying motion for discretionary review (MDR)(1 Jeff.)
- 1 orders denying petition for writ of prohibition (1 Jeff)
- 0 order granting petition for writ of prohibition
- 0 orders denying motion for belated appeal (1 Jeff)
324
Abused, Neglected Child
R.(S.) VS. N.(J.)
APPEAL FROM MARSHALL FAMILY COURT HONORABLE ROBERT DAN MATTINGLY, JR., JUDGE
OPINION VACATING AND REMANDING
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BEFORE: ACREE AND MOORE, JUDGES; BUCKINGHAM,1 SENIOR JUDGE.
ACREE, JUDGE: S.R. (Mother) appeals an order of the Marshall Family Court finding her son D.N. an “abused or neglected child” pursuant to KRS 600.020 and removing him from Mother’s custody. After careful review of the record, we vacate portions of the order and remand. * *
Although the family court is accorded great deference in determining when a child is abused or neglected, and despite this Court’s requirement to give substantial deference to the trial court on questions of fact, the conclusion in this case was so clearly based on less than substantial evidence, we cannot let it stand. This is especially true in light of other important aspects of the family court’s order.
