Commonwealth, Department of Child Welfare v. Lorenz

DAVIS, Commissioner.

The Department of Child Welfare (hereinafter Department) appeals from a judgment holding unconstitutional KRS 199.-470(4) and (6) as those sections existed by virtue of legislative enactment by the 1962 General Assembly. (1964 amendments to the sections are not involved upon this appeal.) The trial court held the statutory sections to be unconstitutional on three separate grounds: (1) unwarranted invasion of the judicial power by the executive branch of government; (2) no adequate standards are prescribed as guidelines for the Commissioner of Child Welfare in granting or…