Search for: "Cabinet for Health and Family Services"
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28 Dec, 2006 12:46 am
Cabinet for Health and Family Services, et al v. A.G.G. and W.E.G., 190 S.W.3d 338 (Ky. 2006) Issues ... , the evidence was sufficient. 2. Whether out-of-court statements made by a
child to a therapist and pediatrician describing sexual abuse were admissible under the hearsay exception for statements made ... Court noted that it had narrowed the holding of
G.E.Y to permit the introduction of portions of the Cabinet's investigative file that would be admissible if the social worker testified in
person. ...
10 Apr, 2007 8:12 pm
D.K. V. KY CABINET FOR HEALTH AND FAMILY
SERVICES FAMILY LAW: Jurisdiction over DNR and DNI Cases - Turning off medical life support
... usurp her parental right to direct the medical treatment of her son. CA held that the family court did have jurisdiction over the issue,
because KRS. 610.010(1 ... county" who is determined to be dependent, neglected, or abused. The statute does not restrict the authority of the Cabinet to make medical decisions to only those children physically located within Kentucky. ...
29 Dec, 2006 12:46 am
Com., Cabinet for Health and Family Services ex rel. A.W. and C.W. v. Huddleston et al., 185 S.W.3d 222 (Ky.App. ... with their mother was in the children's best interests. However, the
court also ordered that the Cabinet keep the children's residence in Simpson County, more than 100 miles away ... court, stands in loco
parentis with regards to the children. KRS 610.010(11). The Cabinet has the sole and exclusive authority to determine the appropriate
placement of children committed to its care. The ...
29 Dec, 2006 1:09 am
Com., Cabinet for Health and Family Services v. C.V. et al., 192 S.W.3d 703 (Ky.App. 2006) Issue and Holding: ... court erred in so requiring. However, the trial court's order was
affirmed, since the Cabinet did not meet its statutory burden of proof to terminate parental rights. Facts: The ... the child continued to have
unexcused absences from school, he was placed in foster care. The Cabinet's plan was to reunify the child with the parents, however, at the
hearing on the plan the district court found ...
30 Jul, 2008 3:21 am
C.(M.E.) v. CABINET FOR HEALTH AND FAMILY
SERVICES FAMILY LAW: Termination of parental rights and proving injury with the
parent2007-CA-001904 PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; ... , there was no substantial evidence to support a finding of no reasonable expectation of
improvement in the mother's condition. Finally, the Cabinet failed to prove that the mother is incapable of rendering care in the future. Due
to the lack of substantial evidence to support the trial court's ...
21 Jul, 2007 7:18 am
... Personnel Board since written reprimands were not included as "other disciplinary actions." Perkins is an employee of the Cabinet for
Health and Family Services (Cabinet). In March 2004 she received a written reprimand for failure to follow proper procedures ... 18A.005(24) because there is no quantifiable impact upon
the employee with respect to pay, status, or responsibility and tht the sole remedy for one allegedly aggrieved by a written reprimand is the filing of a written response A
review of ...
24 Aug, 2008 9:24 am
... CR.76.36 RELIEF IN PART AND GRANTING RELIEF IN PART DATE: 6/13/2008 The Commonwealth of Kentucky, Cabinet for Health and Family Services, petitioned COA to direct the respondent
trial court to vacate its order which required it to produce to ... directly to Warner's counsel solely based on a determination that counsel's arguments provide "good cause for the
relief requested" and without undertaking any prior review of the records themselves to establish their relevancy to the subject matter of the ...
28 Nov, 2006 1:02 am
Issue and Holding: Whether the Cabinet for Health and Family Services failed to offer sufficient evidence to support a finding of medical and educational neglect.
The Court found that the Cabinet failed to present sufficient ... the allegations in the trial court and did not appear for court
proceedings. In May 2005 the family court conducted a hearing on the termination petition. At the hearing, one witness, a social worker, was
called. The social worker testified that the Cabinet took custody...
1 Feb, 2007 12:25 pm
Cabinet for Health and Family Services (CHFS) Secretary Mark D. Birdwhistell announced today that Hans Herklotz will serve as the new general counsel for the cabinet, effective immediately. Herklotz joined CHFS in 2004 - first as the director of the Division of Law and Litigation in the Office of Legal
Services and then as deputy general counsel. Prior to working for state government, he was in private practice with Piper, Wellman ...
28 Dec, 2006 12:50 am
Com., Cabinet for Health and Family Services v. A.A.W.K., et al., 199 S.W.3d 199 (Ky.App. 2006) Issue and Holding: Whether the Cabinet can appeal
an order ... terminate parental rights. The Court held no, KRS 625.110 does not allow such appeals. Facts: The Cabinet appealed from a
family court order denying its petition to involuntarily terminate the parental rights of A.A.W.K. and J.J.K. By motion of the Court of
Appeals, the appeal was dismissed. Analysis: KRS 625.110 provides that no party may ...
23 Sep 7:05 pm
Commonwealth, Cabinet for Health and Family
Services v. Gambrel's Food Mart, Inc. 2008-CA-001243 8/28/09 2009 WL 2633576 Opinion ... that appellee should not be disqualified from
participating as a vendor in Kentucky's Women, Infants and Children (WIC) program. The Court first held that 902 KAR 4:040 ... determination that there would be inadequate
participant access if appellant were disqualified, the Cabinet acted arbitrarily. The Court ultimately held that the hearing officer relied
upon substantial ...
24 Aug, 2008 9:30 am
CABINET FOR HEALTH AND FAMILY SERVICES V. JUDGE BARTLETT GOVERNMENT RECORDS: Discovery of KASPER information required 2008-CA-000046 PUBLISHED: OPINION AND ORDER DENYING ... 122
S.W.3d 554 (Ky. 2003), that individual's rights to due and compulsory process took precedence over any conflicting language included in KRS ... , counsel's arguments do not
provide "good cause" for the relief requested, and an order compelling the custodian to produce the KASPER shall require the custodian to produce the records ...
29 Dec, 2008 7:58 pm
P. (L.J.) v. CABINET FOR HEALTH AND FAMILY
SERVICES FAMILY LAW: Grandparent rights in termination action2007-CA-001783 PUBLISHED: REVERSING
AND REMANDING PANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCUR KENTON ... custodians if intervention is not allowed. In addition, grandparent visitation survives termination
proceedings if established prior to termination and in the best interests of the child. Pursuant to Baker v. Webb, grandparents have a right to intervene in adoption proceedings.
COA held ...
8 Dec, 2008 6:20 pm
L.J.P. v. Cabinet for Health and Family
Services, __ S.W.3d __ (Ky. App. 2008) 2008 WL 4998635 Paternal grandparents appealed trial court order denying their motion to intervene
and request for custody of their grandchild in an involuntary termination of parental rights action. The issue on ... In addition, grandparent visitation survives termination
proceedings if established prior to termination and in the best interests of the child. Pursuant to Baker v. Webb, grandparents have a right to ...
15 Aug, 2007 3:00 am
Calfee v. Cabinet for Health and Family
Services and Tammy Aquilian Calfee appealed an order denying his request for modification of accrued child support. Calfee ... again
Calfee could not afford the test. Therefore, a default judgment was entered and Calfee was ordered to pay child support. Finally, five years later a DNA ... learning he might not
be the child's father, was estopped from denying paternity and support obligations. In the instant case, however, the child was not born of a marriage. Calfee ...
28 Apr, 2008 11:34 pm
... known neurologist based in Lexington, his medical company and his satellite offices (collectively "Gilbert") appeal the TC's Order affirming the decision of the
Cabinet for Health & Family Services finding Dr. Gilbert in violation of KRS 216B ... COA affirmatively held that no such personal, active participation is required. On the other hand,
the COA felt that the real focus of the Cabinet's inquiry should have instead been on the kind of activity that usually takes place at the
office for which ...
23 Dec, 2008 1:41 am
P.(A.) V. CABINET OF HEALTH AND FAMILY
SERVICES FAMILY LAW: Termination of Parental Rights, Due Process Right to Counsel2008-CA-000730
PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; ACREE, KELLER CONCUR TRIMBLE ... hearing, her due process right to a fair hearing was violated. CA agreed. Kentucky's
statutory scheme to protect children and to adjudicate parental rights provides for the appointment of counsel throughout all the proceedings. CA found that the failure of
Mother's counsel ...
4 Apr 7:40 am
The Lexington Herald-Leader had an article about a recent lawsuit filed against a nursing home with a history of neglect and violations. The facts behind the lawsuit suggest that
the nursing home's failure to assess the respiratory condition of a 54- ... days. At the end of the 19 days, the man was found unresponsive and was taken to the hospital,
according to the citation from the Kentucky Cabinet for Health and Family Services A second type A citation was issued Jan. 12 after a patient received the ...
6 Dec, 2006 12:55 am
Com., Cabinet for Health & Family Services ex rel. M.H. v. R.H., 199 S.W.3d 201 (Ky.App., 2006) Issue and Holding: Whether the doctrine of issue preclusion applied to bar the
Cabinet from introducing evidence of prior sexual abuse perpetrated against siblings of the infant by the parents at an adjudication hearing
regarding the removal of the infant from the parents' custody. The Court held that the doctrine did not apply. Facts: The Cabinet filed a
juvenile dependency, ...
19 Dec, 2006 11:05 am
... I worked with the Cabinet (it was called various things during my tenure but the most recent was the Cabinet for Families and Children) changes occurred so often the workers could not keep up with them all. In fact, for ... new workers returning
from training; there was no organized dissemination of new information. I know first hand how much is piled on to social services workers at
the Cabinet, many of whom are fresh from school. Even as a veteran of the system and working 50 and 60 hours a week ...
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