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P.A.F. v. Cabinet for Health & Family Servs.

Commonwealth of Kentucky Court of Appeals
Jan 9, 2015
NO. 2014-CA-000208-ME (Ky. Ct. App. Jan. 9, 2015)

Opinion

NO. 2014-CA-000208-ME

01-09-2015

P.A.F. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND E.L.G., JR., A CHILD APPELLEES

BRIEF FOR APPELLANT: Anne W. McAfee Shepherdsville, Kentucky BRIEF FOR APPELLEES: Sarah M. Steele Louisville, Kentucky


NOT TO BE PUBLISHED APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE PATRICIA WALKER FITZGERALD, JUDGE
ACTION NO. 13-AD-500065
OPINION
AFFIRMING
BEFORE: CLAYTON, LAMBERT, AND THOMPSON, JUDGES. CLAYTON, JUDGE: This is an appeal of the Jefferson Circuit Court's, Family Division, termination of the Appellant, P.A.F.'s, parental rights of E.L.G., Jr. Based upon the following, we affirm the decision of the trial court.

OPINION

Appellant is the natural mother of E.L.G., Jr. born on November 13, 2001. On February 28, 2012, the child was placed in the custody of the Cabinet for Families and Children (hereinafter "the Cabinet") due to charges of neglect against the Appellant. Specifically, it was asserted that Appellant withdrew the child from school and that he had accrued excessive school absences. On June 28, 2012, E.L.G., Jr. was found to be a neglected child by the Jefferson Circuit Court, Family Division. On May 17, 2013, the Cabinet filed a Petition for Involuntary Termination of Parental Rights and on December 5, 2013, the Petition was granted. The Appellant then brought this appeal.

Counsel for the Appellant filed a brief pursuant to A.C. v. Cabinet of Health and Family Services., 362 S.W.3d 361 (Ky. App. 2012). Under A.C., Kentucky courts recognized the holding in Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which provides that a court "may grant counsel's request to withdraw and dismiss the appeal insofar as federal requirements are concerned, or proceed to a decision on the merits, if state law so requires." Counsel for Appellant filed a brief and was granted her request to withdraw. Appellant was given thirty days to file a supplemental pleading setting forth any meritorious issues. Appellant has not filed a supplemental pleading.

The Appellant, therefore, has not set forth any issues regarding the proceeding before the trial court. Consequently, after a review of the record we affirm the decision of the trial court.

ALL CONCUR. BRIEF FOR APPELLANT: Anne W. McAfee
Shepherdsville, Kentucky
BRIEF FOR APPELLEES: Sarah M. Steele
Louisville, Kentucky


Summaries of

P.A.F. v. Cabinet for Health & Family Servs.

Commonwealth of Kentucky Court of Appeals
Jan 9, 2015
NO. 2014-CA-000208-ME (Ky. Ct. App. Jan. 9, 2015)
Case details for

P.A.F. v. Cabinet for Health & Family Servs.

Case Details

Full title:P.A.F. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH…

Court:Commonwealth of Kentucky Court of Appeals

Date published: Jan 9, 2015

Citations

NO. 2014-CA-000208-ME (Ky. Ct. App. Jan. 9, 2015)