Kentucky Law Review

FAMILY LAW: QDROs For Ky State Retirement Benefits By Diana L. Skaggs

From Divorce Law Journal:

Ky Criminal Background Checks - New Way To Access

QDROs For Ky State Retirement Benefit

Courier Journal Special Report - Children in Crisis

Deborah Yetter with the Courier Journal did a special report on Children in Crisis.  Kentucky leads the nation in deaths from child abuse and neglect and at least half the deaths have come after the cases came to the attention of child welfare authorities.

This story already has had some impact and apparently reached the attention of the Chief Justice of Kentucky Supreme Court, John Minton, who now supports a pilot project to open up some of the secrecy in the family court.

Kentucky chief justice supports attempt to open family courts

Kentucky chief justice supports attempt to open family courts

Kudos to the Kentucky Supreme Court Chief Justice John Minton's statement supporting an attempt to open family courts.  Apparently, the timing is in response to the Courier Journal series "CHILDREN IN CRISIS".  Hopefully, his support is stronger than his lukewarm moves to open up the AOC and make it more "transparent".

Here's a link to the story:

Kentucky chief justice supports attempt to open family courts

The chief justice of Kentucky's Supreme Court, John D. Minton, said he supports a pilot project to allow access to Kentucky's now-secret family courts.

Other stories:

Spotlight on abuse

One of the most chilling, and unforgettable, stories in The Courier-Journal's "Children in Crisis" special report on child abuse deaths in Kentucky was about Samantha Chapman, and how she pleaded with child protection officials in Covington to remove her grandchildren from what she believed was an abusive home life.

Children imperiled

No one in Kentucky should rest easy after reading "Children in Crisis," this newspaper's three-day special report by Deborah Yetter that detailed how Kentuckians are failing to protect our most defenseless citizens.

• Local News: Kentucky officials knew that many of the children who died from abuse might be at risk
• Local News: Graphics: Child abuse by the numbers; child abuse trends
• Local News: Victims of child abuse come from all parts of Kentucky
• Local News: Many Kentucky social workers ‘bombarded' by pressures of job
• Local News: Recognizing the warning signs of abuse can save some children's lives
• Local News: Painful lives cut short: Three tragic tales of child abuse in Kentucky

Family Law: "Williams v. Bittel, Ky COA, Custody Modification and Stay of Foreign Judgment" posted at Divorce Law Journal

Williams v. Bittel, Ky COA, Custody Modification and Stay of Foreign Judgment

Domestic Violence stories at CJ

Links to recent domestic violence stories/special at Courier Journal:

• Special report | Fighting domestic violence in Kentucky
• Protective order didn’t stop man from shooting girlfriend, mother

LOUISVILLE: Jefferson Family Court will finalize 22 adoptions Nov. 13 as part of Adoption Day

FRANKFORT, Ky. -- Jefferson County Circuit Court, Family Division, will finalize 22 adoptions Friday, Nov. 13, as part of National Adoption Month. A 12:15 p.m. news conference about the event and a reception for the families will take place in the Crown Room on the sixth floor of the Jefferson County Judicial Center, 700 W. Jefferson St. in Louisville.

The Adoption Day celebration will underscore that every child deserves a safe, permanent home. Sixteen families will adopt 22 children who are now in foster care. In addition to celebrating the families, the goals of Adoption Day are to encourage families to adopt or become foster families, build partnerships between the courts and adoption agencies and highlight the need for post-adoption services.

Reporters interested in interviewing the families should contact Jefferson County Family Court Administrator Jim Birmingham at 502-595-4588.

Adoption Day is a collaborative effort between Jefferson County Circuit Court, Family Division, the Kentucky Cabinet for Health and Family Services and the Jefferson County Office of Circuit Court Clerk.

Local Blogs, Mentoring and More: Check out the Divorce Law Journal for up to date state and local developments in family law

Law-specific blawgs are great.  Those in the know share the knowledge and experience with others providing a source of news, inspiration, and some perspiration from their work.

Plus the commentary and analysis of the law and procedure serve as a wonderful mentor for those on their own or alone.

Louisville's Divorce Law Journal is one of those blawgs.  I share with you some of their recent posts (with teaser comments).  Check it out.  Grab the RSS feed to your computer, and from now on you will be up to date, current, and go to person at the water cooler at your firm!

Divorce Law Journal

Divorce and Family Law Info for Professionals in Kentucky and Beyond

 

• 4 Items
• Sort Oldest First
• Updated: Fri, Sep 4 2009 5:49 AM

Young v. Holmes, Joint Custody, Ky COA Affirmed Order Of Religious School By Diana L. Skaggs on Constitutional Issues Young v. Holmes, __ S.W.3d __ (Ky. App. 2009) The parties share joint custody of their minor child and could not agree as to where the child should attend kindergarten. The trial court held a hearing and found that it was in the best interests of the child to attend St. Athanasius School. Young appealed. Young argued that the order violates her First Amendment right to religious freedom and that the court could only appropriately order the child to attend St.Athanasius if it found that he had special needs that would require him to attend a private school. COA affirmed.... Enclosure Keep New: Posted on: Thu, Sep 3 2009 4:14 PM Email This Clip/Blog This

P.C.C. v. C.M.C., Ky COA, Step-parent Adoption, Termination Of Parental Rights,Due Process By Diana L. Skaggs on Termination of Parental Rights P.C.C. v. C.M.C., __ S.W.3d __ (Ky. App. 2009) P.C.C. appealed the judgment of adoption which effectively terminated his parental rights and allowed the child’s stepfather to adopt him. P.C.C. and K.R.C. were married and had a son. The parties divorced and agreed that K would have sole custody and P would have a set visitation schedule with the child. K then married C.M.C., who filed a Petition for Adoption and Termination of Parental Rights. P objected, arguing that C lacked standing to initiate termination proceedings, and he filed a motion to enforce his visitation rights in the divorce matter.... Enclosure Keep New: Posted on: Wed, Sep 2 2009 3:25 PM Updated: Wed, Sep 2 2009 8:56 PM Email This Clip/Blog This

Two Ky Court of Appeals Published Opinions Released August 28, 2009 By Diana L. Skaggs Young v. Holmes No error nor constitutional violation where trial court determined the child’s best interests would be served by the child attending the father’s choice of parochial school when parents could not agree. Wilder v. Wilder After decree entered one party received 2008 federal stimulus check based on parties’ 2007 income. After other party filed CR60 motion, court ordered it to be equally divided and was affirmed. Digests to follow. Keep New: Posted on: Mon, Aug 31 2009 3:30 PM Email This Clip/Blog This

Two Ky Supreme Court Family Law Published Opinions Rendered August 27, 2009 By Diana L. Skaggs Mauldin v. Bearden Questions Presented: Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted in 2004. Goldstein v. Feeley Questions Presented: Petition for writ of mandamus and prohibition properly denied where there was an available remedy through an interlocutory appeal of an injunction via CR 65.07. Regardless of the question of in personam jurisdiction over the Executor, trial court retained subject matter jurisdiction over the marital property when one party died after the entry of the decree of marital dissolution but before resolution of the marital property issues. Digests to... Keep New: Posted on: Mon, Aug 31 2009 3:23 PM Email This Clip/Blog This

DIVORCE LAW: "Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02" from Divorce Law Journal

Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02

By Diana L. Skaggs on Civil Procedure and Local Rules

TRUANCE: E-town Editorial on Truancy and Family Court Judge's efforts to curb it

Here's an op-ed piece from the News Enterprise:

TOPIC: Curbing truancy  From News Enterprise

OUR VIEW: Helping parents, students connect to issue

Missing several days of school and several class assignments that may never get made up can have a huge impact on a student’s academic performance.

Count Division IV, 9th Circuit Family Court Judge M. Brent Hall  is among those in Kentucky trying to make sure students who have an absentee issue can get it resolved.

The Truancy Diversion Program’s intent is to catch and identify truancy issues at a key juncture in the lives of students. Modeled after the Jefferson County Family Court pilot program, Hall implemented the program at East Hardin Middle School last school year and is in the early stages of getting it going at West Hardin Middle School.

The program at West recently introduced students with three to 15 unexcused absences in the first four months of the school year, and their parents or guardians, to TDP.

The goal: Nip truancy in the bud.

Let’s face it: Any program that can steer students more and more into the classroom and away from too much idle time on their hands is a program that should be applauded.

Hall obviously gets it. As an elected judge, he’s not content with just maintaining things the way they are. He’s trying to make a difference in the lives of many.

We should have more elected officials who look beyond the obvious day-to-day business to make a difference in their respective communities.

Hall is impacting at least two of the county’s six middle schools. The program also helps ease the burden on courts. Last year, the two family courts handled 10,000 cases.

With three or more unexcused absences, children can be considered truant and heading to court in Kentucky.

As Hall puts it, “There’s nothing positive about coming to court.’’

Thanks to this judge, fewer students are getting to the point of needing to get into the court system.

To Judge M. Brent Hall, here’s to a job well done.

This editorial represents a consensus of The News-Enterprise editorial board.

FAMILY LAW: Hardin County Attorney Has Full Time Family Court Prosecutor

From the Elizabethtown News-Enterprise is a story on:

Family court-dedicated prosecutor part of renewed family services

By BOB WHITE

bwhite@thenewsenterprise.com

ELIZABETHTOWN – With a second Hardin County Family Court bench headed into a second year, and following more than a year of disturbing reports about local social services, the Hardin County Attorney’s office in mid-July employed its first full-time prosecutor for domestic violence, parental rights, custody and juvenile cases.

With several months of work behind her, family court prosecutor Carey Hendricks talked this week to The News-Enterprise about her role with domestic issues and the value of having a dedicated prosecutor for family cases.

“When you’re dealing with such intimate issues, it makes good sense to have someone dedicated to the process,” Hendricks said. “It brings continuity to the process.”

Before Hendricks joined the office, family court prosecutors in Hardin County had split roles — prosecuting criminal cases one moment, then addressing family issues the next.

Among those former family court prosecutors is 9th Circuit Family Court Judge M. Brent Hall, who filled Hardin County Family Court’s second judgeship last year after a gubernatorial appointment.

He said a dedicated family court prosecutor provides other parties involved with a consistent “go-to person” familiar with family court rules, methods and procedures — all of which helps expedite cases.

“Bad news doesn’t get better with age,” Hall said. “Whether you’re dealing with kids’ lives or the (state) budget, we don’t have the luxury of dragging our feet.”

Noting Hendricks’ fulltime status, education and experience — along with other positive improvements being made with families in mind — Hall said “things are looking up in family court.”

Hendricks, 33, is a former victims’ advocate with the Jefferson County Attorney’s office holding a Bachelor’s of Science in Psychology, a Master of Arts in Community Counseling and Juris Doctorate from the University of Louisville.