Adoption and Termination of Parental Rights, Published Opinion from Ky Court of Appeals

M.L.W. V. HEART TO HOME ADOPTION AGENCY, ET AL.

Mother consented to adoption of her three children. Father contested the termination of his parental rights and appealed arguing that the findings of fact were insufficient to terminate his rights. The trial court stated that termination was in the children’s best interest, but did not make any findings supporting its conclusion. Moreover, the GAL improperly provided testimony as opposed to representing the best interests of the children; the Cabinet was not included as a party to the proceeding as required by statute; and, the adoption placement agency made no efforts to return the children to Father. Therefore, the Court of Appeals vacated the trial court’s order and remanded the case for further proceedings.

Digested by Elizabeth M. Howell

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