Opinion
NO. 2012-CA-001084-ME
02-22-2013
K.H. APPELLANT v. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES; AND C.C., A MINOR CHILD APPELLEES
BRIEF FOR APPELLANT: Paul Neil Kerr II Russellville, Kentucky NO BRIEF FOR APPELLEES.
NOT TO BE PUBLISHED
APPEAL FROM WARREN CIRCUIT COURT
FAMILY COURT DIVISION
HONORABLE CATHERINE RICE HOLDERFIELD, JUDGE
ACTION NO. 02-J-00204
OPINION AND ORDER
DISMISSING
BEFORE: ACREE, CHIEF JUDGE; TAYLOR AND VANMETER, JUDGES. TAYLOR, JUDGE: K.H. brings this appeal from orders of the Warren Circuit Court, Family Court Division, entered October 14, 2011, and May 17, 2012, adjudicating her biological child, C.C., as neglected and committing C.C. to the custody of the Commonwealth of Kentucky, Cabinet for Health and Family Services (Cabinet). In her brief, K.H. alleges that the family court erred by finding that she neglected C.C. and by awarding custody of C.C. to the Cabinet. K.H. argues that she should have been awarded custody or, alternatively, that C.C.'s biological half-brother, J.H., should have been awarded custody of C.C.
During the pendency of this appeal, the record reflects that C.C. reached the age of majority (eighteen years of age) on December 7, 2012. And, by order entered December 4, 2012, the Warren Family Court ordered C.C. released from the custody of the Cabinet on his eighteenth birthday. In this Commonwealth, upon attaining the age of eighteen, a child is emancipated and no longer subject to the jurisdiction of the family court in relation to dependency, neglect, or abuse proceedings per Kentucky Revised Statutes (KRS) 620.140(1)(d). KRS 2.015. Consequently, this appeal is moot as the family court could not afford any relief in the event the appeal was remanded by this Court. See Medical Vision Group, P.S.C. v. Philpot, 261 S.W.3d 485 (Ky. 2008). For this reason, we are compelled to hold this appeal moot.
C.C.'s birthday was December 7, 1994.
Now, therefore, be it ORDERED that Appeal No. 2012-CA-001084-ME is DISMISSED as MOOT.
ALL CONCUR.
Jeff S. Taylor
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT: Paul Neil Kerr II
Russellville, Kentucky
NO BRIEF FOR APPELLEES.