Cabinet for Human Resources v. D.S.

746 S.W.2d 87, 1988 Ky. App. LEXIS 30, 1988 WL 15481
Court of Appeals of Kentucky·Decided February 26, 1988·No. No. 87-CA-305-DG·Published·Cited by 1 cases

Opinion

GUDGEL, Judge:

This matter is before us pursuant to an order granting discretionary review concerning a judgment entered by the Jefferson Circuit Court reversing an order of the Jefferson District Court. The district court determined that once a circuit court enters a judgment terminating parental rights to a child who was previously committed to the Cabinet for Human Resources, the district court loses its jurisdiction to review the earlier commitment order. We agree with the cabinet that the circuit court erred by reversing the district court’s determination. Hence, we reverse and remand.

The child, appellee D.S., was committed to the cabinet as a dependent child by the juvenile session of the Jefferson District Court on three different occasions, beginning in 1980. After he was twice returned to his mother’s home and released from commitment, he was again committed to the cabinet in May 1983. That commitment was not released by the district court. Then, in August 1984, the Jefferson Circuit Court terminated the parental rights of the child’s parents and vested “full care, custody and control” of the child in the cabinet, with authority to place the child for adoption.

In June 1985, after it was alleged by motion and affidavit that the child’s adoptive placement was highly inappropriate, the child’s situation was set to be reviewed by the juvenile session of district court pursuant to KRS 208.205 (as modified by the Kentucky Unified Juvenile Code, now KRS 610.120). However, after determining that the circuit court had terminated all parental rights to the child and had vested full care, custody and control of the child in the cabinet, the district court concluded that the circuit court’s judgment had deprived the former court of further jurisdiction in the matter. Nevertheless, the court went on to gratuitously note that if a new juvenile petition was subsequently filed alleging that the child was abused, neglected or dependent while in the cabinet’s care, the district court would again acquire jurisdiction to examine the child’s situation despite the fact that a judgment terminating parental rights had been entered.

Subsequently, the circuit court reversed the district court’s order on the grounds that the district court retained continuing jurisdiction, pursuant to KRS 208.205 (now KRS 610.120), to review and modify its prior commitment order despite the entry of a judgment terminating parental rights. We granted the cabinet’s motion for discretionary review.

The district court has jurisdiction in all juvenile dependency actions pursuant to KRS 208.020 (now KRS 610.010). Further, once a child has been committed to the cabinet in such a proceeding, the district court retains jurisdiction to review its commitment order at any time prior to the [89] order’s expiration. See KRS 208.205 (now KRS 610.120).

The district court is not vested with exclusive jurisdiction over all matters involving juveniles, however. Instead, KRS 208.-020(7) [now in essence KRS 610.010(6)] specifically provides that

Nothing in this chapter shall deprive other courts of the jurisdiction to determine the custody or guardianship of children upon writs of habeas corpus, or to determine the custody or guardianship of children when such custody or guardianship is incidental to the determination of other causes pending in such other courts; nor shall anything in this chapter affect the jurisdiction of circuit courts over adoptions and proceedings for termination of parental rights. The juvenile session of district court shall have no jurisdiction to make permanent awards of custody of a child, but if the court finds an emergency to exist affecting the welfare of a child, it may make temporary orders for its custody, pending the outcome of proceedings in circuit court to determine its permanent custody. Such orders shall be entirely without prejudice to the proceedings for permanent custody of the child, and shall remain in effect until modified or set aside by the court. Upon the entry of a temporary or final judgment in the circuit court, awarding custody of such child, all prior orders of the juvenile session of district court in conflict therewith shall be deemed canceled. (Emphasis added.)

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Cabinet for Human Resources v. D.S., 746 S.W.2d 87, 1988 Ky. App. LEXIS 30, 1988 WL 15481 (Ky. Ct. App. 1988).

746 S.W.2d 87 (Cabinet for Human Resources v. D.S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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