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Date: 11-15-2024
Case Style:
Commonwealth of Kentucky v. E.L.M., Jr.
Case Number: 23-AD-00010
Judge: Mica Wood Pence
Court: Circuit Court, Metcalfe County, Kentucky
Plaintiff's Attorney: Metcalfe County, Kentucky County Attorney's Office
Defendant's Attorney:
Description:
Edmonton, Kentucky family law lawyer represented the Defendant in a termination parental rights action.
Child was born in April 2014. When the Cabinet first became involved in this matter, Child and her three half-siblings[3] were residing with Mother and Mother's paramour. The four children were all removed from Mother's home on November 15, 2019, following concerns that two of the children had been physically abused while in the home. Eventually, all the children, including Child, reported having been physically abused while in the home. Child has been in the Cabinet's custody since her initial removal.
Father was not initially named in the DNA[4] petition but was referenced. He was later added as a respondent on November 21, 2019. He initially appeared at court hearings in December of 2019. Mother later stipulated to an Alford [5] finding of neglect on November 9, 2020. The family court made a finding of neglect against Father on November 10, 2020. Father did not attend the adjudication hearing. He also missed the disposition hearing.
As the DNA case proceeded, Father was absent from all of the hearings. In April of 2022, the family court recommended the Cabinet proceed with filing a petition for the termination of Father's parental rights. Father later appeared in the DNA action and objected to the termination.
On October 16, 2023, Father and his counsel appeared before the family court for a termination hearing. The Cabinet called social worker Ashley Phelps to testify in support of its termination petition. Ms. Phelps is currently assigned as this family's ongoing social worker. Ms. Phelps testified that she negotiated a case plan with Father. The case plan required Father to undergo a sex offender assessment,[6] complete parenting classes, and cooperate with the Cabinet. According to Ms. Phelps, Father utterly failed to work his case plan, and to her knowledge had not had any contact with Child since March of 2023.
E.L.M. v. Commonwealth, 2023-CA-1380-ME (Ky. Ct. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: