Ky COA Publishes Two Family Law Related Decisions Today

Young v. Carran, et.al. The issue presented is whether Appellant may maintain a private cause of action against an opposing law firm for violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for the inadvertent disclosure of her medical and psychiatric records to the opposing party in child custody litigation. Summary judgment dismissing the complaint was affirmed.

A.P. v. Commonwealth of Kentucky, Cabinet of Health and Family Services, et.al. This involuntary termination action violated mother’s due process rights when her attorney did not attend first day of trial due to bad weather, but told the court mid-afternoon that it could proceed without him.