D.G.R. v. Commonwealth, Cabinet for Health & Human Servs.
Annotate this CaseAppellants Mother and Father were the natural parents of Child. Child was removed from home in 2004 and committed to the custody of the Cabinet for Health and Human Services after an abuse petition was filed. The district court adjudicated that physical abuse and neglect had occurred. Child was returned to his parents' home on certain conditions but was later removed. The district court once again adjudicated that Child had been physically abused. At a termination hearing, the trial court declined to terminate parental rights to the child, finding that the Cabinet had not met its burden of proving that termination of parental rights was in the best interest of Child and that there was no evidence Child would be abused in the future. The court of appeals reversed, holding that the trial court's decision was clearly erroneous. The Supreme Court reversed the court of appeals and reinstated the circuit court, holding (1) there was substantial evidence to support the trial court's decision; and (2) in reversing the trial court's decision, the court of appeals improperly substituted its judgment for that of the trial court.
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