Commonwealth v. K.S.
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The Supreme Court reversed the decision of the court of appeals vacating and remanding the family court's decision determining that K.S.'s son was a neglected child and terminating K.S.'s parental rights, holding that the family court's decision was supported by clear and convincing evidence.
In vacating the family court's judgment terminating the parental rights of K.S. the court of appeals concluded that the evidence was insufficient to prove the child was neglected because K.S. never had the opportunity to parent the child independently where the child had always been committed to the custody of the Cabinet for Health and Family Services. The Supreme Court reversed, holding (1) the court of appeals erred to the extent it held there must be actual past or present abuse or neglect for a trial court to make a finding of abuse or neglect because proof of a potential threat of abuse or neglect is sufficient to support such a finding; and (2) the family court's decision to terminate K.S.'s parental rights was supported by the record.
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