Where Cabinet Place Child With Foster Parents, Foster Parents Lack DeFacto Custodian Standing - Published Opinion From Ky Court of Appeals

WELLS, ET AL. V. TOYE

Foster parents  appealed from a Circuit Court decision finding they lacked standing to qualify as de facto custodians. The Appellate Court affirms the Circuit Court holding that the rule set forth in Swiss applies in this case. Swiss v. Cabinet for Families and Children, 43 S.W.3d 796, 797 (Ky. App. 2001). Foster parents “may not use the de facto custodian statutes to challenge the cabinet’s custody of the child where the child was placed with the foster parents by the cabinet.”

Digested by Elizabeth M. Howell