CABINET FOR HEALTH AND FAMILY SERVICES V. D.W.
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In this case, the Supreme Court of Kentucky addressed the procedural issue of whether a notice of appeal could be filed electronically in a termination of parental rights (TPR) case that had been sealed. The court had to interpret the relevant statutes and rules, which stated that TPR cases should be sealed upon the entry of the final order and that sealed cases were not eligible for electronic filing. The Court of Appeals had ruled that the appellant had complied with the rules for timely filing a notice of appeal, as the rules were ambiguous about whether a TPR case could be electronically filed after it had been sealed.
However, the Supreme Court of Kentucky disagreed with the lower court. It held that the statutory law and administrative rule, read together, effectively prohibited a notice of appeal from being electronically filed in a TPR case. The Court found no ambiguity in this interpretation. It pointed out that the rules clearly stated that TPR cases were always confidential but would only be sealed upon the entry of the trial court’s final order. Once sealed, these cases were no longer subject to mandatory electronic filing.
Therefore, the Supreme Court of Kentucky concluded that the appellant had not complied with the rules for timely filing a notice of appeal, as the notice should have been filed conventionally. As a result, the Court of Appeals did not have jurisdiction to hear the case. The Supreme Court reversed the decision of the Court of Appeals and reinstated the trial court’s termination of the appellant's parental rights.
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