Denial of a petition to terminate parental rights appealable

In their ‘to be published’ K.R.L. v. P.A.C. et al, 2006-CA-0364-ME decision, the Kentucky Court of Appeals ruled KRS 625.110 unconstitutional to the extent that it prohibits the right of appeal from a denied petition for termination of parental rights.  The mother of a child sought to terminate the parental rights of the biological father involuntarily.  The trial court denied her petition and she sought to appeal.  KRS 625.110 only provides for the appeal of a granted petition but the mother argued that Section 115 of Kentucky’s Constitution provided her right to appeal and the Court agreed.  She still lost the case but succeeded in opening up an avenue of appeal for similar cases in the future.