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P.J.H. v. CABINET FOR HUMAN RESOURCES

No. 86-CA-2176-MR.

743 S.W.2d 852 (1987)

P.J.H., Appellant, v. CABINET FOR HUMAN RESOURCES, L.A.H., an infant, and M.H., an infant, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 20, 1987.

Discretionary Review Denied by Supreme Court February 23, 1988

Attorney(s) appearing for the Case

Amy Karn Turner, Appalachian Research and Defense Fund of Kentucky, Inc., Hazard, for appellant.

J. William Hernandez, Cabinet for Human Resources, Office of Counsel, Frankfort, for Cabinet for Human Resources.

James D. Holliday, Hazard, for L.A.H. and M.H.

Before COMBS, COOPER and DYCHE, JJ.

COOPER, Judge.

This is an appeal from a judgment of the trial court terminating the parental rights of the appellant, P.J.H. in her infant children, the appellees, L.A.H. and M.H. On appeal, the principal issue is whether the appellant was denied her right of due process as a result of her not being given notice that evidence would be presented during a hearing noted for motions only. Reviewing the record below, we reverse and remand.

Without reciting all...

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