Major Victory for Parental Rights: Kentucky Court of Appeals Reverses Neglect Finding
Judges Cetrulo, Karem, and McNeill delivered a unanimous opinion authored by Judge Cetrulo.
F. Todd Lewis - Counsel for Appellant
Kevin Martz - Counsel for Appellee
Summary of Decision
The Kentucky Court of Appeals delivered a significant victory for parental rights in S.H. v. Cabinet for Health and Family Services, reversing a neglect finding and ordering removal from the central registry. This published opinion clarifies crucial burden of proof standards and strengthens protections for parents facing child protective investigations.
On June 13, 2025, the Kentucky Court of Appeals issued a groundbreaking decision that every Kentucky parent should know about. In S.H. v. Cabinet for Health and Family Services (2024-CA-0617-MR), a three-judge panel unanimously reversed a neglect finding against a mother and ordered the mother to be removed from the Cabinet’s central registry for those who have abused or neglected children.
The mother, a dedicated school counselor with three children including two with special needs, faced every parent's nightmare: being placed on Kentucky's central registry for child abuse and neglect for life following two accidental medication ingestion incidents involving her youngest child.
The Facts:
2017 Incident: While parents were in Chicago, 3-year-old A.H. accidentally ingested medication while under grandmother's care
2018 Incident: During a 15-minute store run while the family had flu, A.H. accessed medication that had been inadvertently left accessible by the mother's brother (Uncle), who was babysitting
Despite the mother's consistent use of a lock box for medications and the fact that she was not present during either incident, the Cabinet for Health and Family Services substantiated neglect allegations against her alone.
Why This Decision Matters for Kentucky Families
1. Clarifying the "Accidental Means" Standard
The Court emphasized that KRS 600.020(1)(a)2 requires the state to prove a parent created risk "by other than accidental means." The Cabinet completely failed to present evidence that either incident was anything other than accidental.
2. Reinforcing Proper Burden of Proof
The Court held that the Cabinet bears the burden of proving neglect by a preponderance of evidence. Parents should never be forced to prove their innocence or disprove neglect allegations.
3. Rejecting Strict Liability for Parents
Perhaps most importantly, the Court rejected the dangerous precedent that any child injury automatically equals parental neglect, stating: "not all injuries correlate to and/or mandate a finding of neglect."
Critical Legal Protections Established
This decision provides several crucial protections for Kentucky parents:
🛡️ Protection from Guilt by Association: Parents cannot be held liable for accidents that occur while children are under appropriate adult supervision.
⚖️ Proper Burden Standards: The state must prove neglect with actual evidence, not mere speculation or unfortunate outcomes.
🏠 Respect for Parental Judgment: Courts must respect reasonable parental decisions about childcare arrangements and safety precautions.
📚 Limited State Intervention: As the Court noted, "state intervention into the family between parent and child must be done with utmost caution."
The Devastating Impact of Central Registry Placement
The Court recognized the "long-reaching consequences" of neglect findings. For this mother—a school counselor and social worker—placement on the central registry would have effectively ended her career and ability to serve vulnerable children. The lifetime placement sought by the Cabinet represents one of the most severe administrative penalties available.
What This Means for Your Family
If you're facing a child protective investigation or have received notice of substantiated findings, this decision provides powerful precedent that:
✅ Accidents are not automatically neglect ✅ You have strong constitutional protections
✅ The state must prove its case with real evidence ✅ Reasonable parenting decisions are legally protected
When You Need Experienced Family Law Representation
Child protective cases can destroy families and careers. Whether you're facing:
Initial CPS investigations
Administrative hearings
Circuit court appeals
Central registry placement
The stakes are simply too high to proceed without expert legal counsel.
Contact Bowman Legal, if you are faced with any of these issues.
Protecting Kentucky families through expert legal advocacy in the most challenging circumstances.
This blog post is for informational purposes only and does not constitute legal advice. If you are facing child protective proceedings, consult with a qualified family law attorney immediately to protect your rights.