CAN THE JUDGE ORDER CPS TO FILE A PETITION AGAINST ME?
July 22, 2022
The question asked in this blog is whether the judge can order the Department for Community Based Services, Division of Protection and Permanency Child Protection (aka CPS) to file a petition for dependency, neglect, or abuse (KRS 600.020) against you?
At the Law Offices of John Schmidt & Associates PLLC, we are dedicated to offering knowledgeable legal counsel and reliable representation to clients in alternative sentencing matters. Our trusted attorneys can evaluate the different state statutes and rules addressing your personal situation and help you understand your options. We're proud to represent clients across Kentucky.
What is a disinterested judge?
In T.C. v. M.E., 603 S.W.3d 663, 679-80 (Ky. Ct. App. 2020), the court said: "a court must be and remain "a disinterested adjudicating body...." Boyd & Usher Transport v. Southern Tank Lines, Inc. , 320 S.W.2d 120, 123 (Ky. 1959)." The court went on to explain what it meant by "disinterested"; namely, the court said: "By that, of course, we do not mean an uninterested tribunal, but disinterested in the sense that the court has no stake – financial, emotional, or otherwise – in the outcome of the case before it."
What if the judge appears to want a particular result?
The court in T.C. v. M.E., 603 S.W.3d 663, 679-80 (Ky. Ct. App. 2020) addresses this concern and made clear that impartiality is required and the appearance of being partial to one side or the other is a problem when it said: ""If it would appear to a reasonable person that a judge has ... an interest in the litigation then an appearance of partiality is created...." Petzold v. Kessler Homes, Inc., 303 S.W.3d 467, 472 (Ky. 2010)".
Bottomline?
The bottomline is that judges must remain neutral and impartial decision makers - a disinterested party - and the law in Kentucky only allows an interested party to file a petition. Therefore, the judge may not order CPS to file a petition against you. If a judge has ordered CPS to take a petition against you for dependency, neglect, or abuse or behaved as an interested party, then contact the Law Offices of John Schmidt & Associates PLLC today!
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