One Published Family Law Opinion from Ky Court of Appeals Today

B.D. v. Cabinet for Health and Family Services, et al.  Where children are removed from parent under a temporary removal order and then parent files a petition in family court for “immediate entitlement” under KRS 620.110, family court erred in dismissing the case without a hearing. The family court had held  that statute is intended for appellate review and because the family court made the removal order, an appeal should be made to the court of appeals. The Court of Appeals held that the  removal order was a temporary order and thus is interlocutory and not ripe for appeal. Moreover KRS 620.110 does not refer to an appeal. It is an original action which should be heard in family court.