Cabinet for Health and Family Services v. J.T.G and A.G. ___S.W. 3d ____(Ky. App 2009)
PUBLISHED: VACATING AND REMANDING
LAMBERT, PRESIDING; HARRIS, SENIOR JUDGE, CONCURS WITH SEPARATE OPINION;
Cabinet appealed Scott FC’s order finding it in contempt for failing to pay child care assistance costs, relying on Jefferson FC order as “law of the case.”
Uncle took permanent custody of Child due to mental illness of his sister, Child’s mother, by order of Jefferson FC. Uncle claims that he advised Jefferson FC and Cabinet that he could only take permanent custody of Child if Cabinet paid childcare assistance and provided Kindship care until Child was out of grade school, and that Cabinet agreed, though written orders do not reflect such an agreement. Case began in
Jefferson FC lost jurisdiction over case once it was transferred it to Scott FC so that the Jefferson FC order at issue was void ab initio. Scott FC mistakenly relied upon the Jefferson FC as the “law of the case,” because this doctrine applies only to appellate decisions in cases that are remanded to TC. CA found that Scott FC did not make findings regarding KRS 610.010(12) and remanded to Scott FC for this purpose.
Both Scott and Jefferson FCs were capable of having, and did have, subject matter jurisdiction over the case. While Scott FC clearly had venue of the case when Jefferson FC issued the order in question, Cabinet waived its objection as to venue. Moreover, KRS 610.010(12) applies only to children who are committed to or in the custody of the Cabinet,” so this statute does not apply to this case.