Elusive Justice
Written anonymously, Eliusive Justice provides colorful, but infrequent commentary on a plethora of legal genres.
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Recent Articles
Napier
I am writing this to correct any idea that I inadvertently promoted that being adversarial with the Cabinet is the way to win your case (I mean adversarial in the sense of ones attitude rather than in the sense that the court process is an adversarial process). Those criticisms are designed mainly...
Napier
Kentucky sets forth the grounds for a court involuntarily terminating parental rights in KRS 625.090. The statute basically gives the essential elements, all of which much be proved by the heightened standard of “clear and convincing” evidence: the child has been abused or neglected...
Napier
A decsion rendered by the Kentucky Court of Appeals on May 16, 2008 reveals that the appellate courts are prepared to hold the Cabinet for Health and Family Services accountable in termination of parental rights cases. There are very few published opinions in Kentucky reversing involuntary...
Napier
The Fayette County office of the Cabinet for Health and Family Services, Protection and Permanency, is already in crisis mode and headings towards disaster. According to one source, there are only a dozen investigating workers and, due to budget constraints, none are being hired. This means a...
Napier
A routine practice by the Cabinet for Health and Family Services in Fayette County seems innocuous to the untrained eye, but it has a huge unintended consequence for certain parents. I wonder if this consequence is actually unintended, but absent confirmation, I’ll give them the benefit of...
Napier
The Herald Leader ran this story about one ex-Principal, Peggy Petilli, allegedly (and believably) being driven to do questionable to downright crappy things to bring up her school’s test scores. The schools my own children go to focus so much on testing really high and the teaching is...
Napier
I’ve been wanting to comment on the antics of Cabinet for Health and Family Services’ Service Region Coordinator, Grace Akers, for some time. You can find out more about the events here and here from the Herald-Leader. Basically, Jami Hall, a social services worker from Jessamine Count...
Napier
A chapter of the Christian Legal Society is forming in the Bluegrass area of Kentucky. For more information about this forming CLS chapter, contact Gregory A. Napier in Lexington, Kentucky. Integrating one’s walk of faith with their practice of law, so that they are one and the same, will...
Napier
A recent decision of the Court of Appeals illustrates a an omission of the Cabinet for Health and Family Services that seems all too common. In the unpublished opinion, M.G.F. II v. CHFS, 2006-CA-002093-ME (March 21, 2008)(NOT to be published), the Court remanded an involuntary termination of...
