Legal Opinion

Commonwealth, Cabinet for Health & Family Services v. Byer

Court of Appeals of Kentucky

Decided August 26, 2005No. 2003-CA-002677-MEPublishedCited by 1 opinion

1Opinion of the Court

OPINION

MINTON, Judge.

The Cabinet for Health and Family Services (“the Cabinet”) appeals an order of the Jefferson Family Court that required it to pay the court-appointed expert’s fees in a dependency action in which custody *248became a contested issue. We hold that the family court abused its discretion when it appointed the expert -without first adopting the show cause procedure required by KRE 1 706. Therefore, we reverse the family court’s order.

The Cabinet filed a dependency action alleging that D.A., a minor child, was an abused or neglected child within the meaning of KRS2 600.020(1).…

2Cases cited2 opinions

  1. Goodyear Tire and Rubber Co. v. ThompsonKentucky Supreme Court · 2000
  2. Cabinet for Human Resources v. HowardCourt of Appeals of Kentucky · 1985

3Cited by1 opinion

  1. Batts v. Illinois Central RailroadCourt of Appeals of Kentucky · 2007

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