Appeals court rules in favor of woman in child custody complaint

The Kentucky Court of Appeals has upheld a Whitley County circuit judge’s 2007 ruling dismissing a lawsuit against the mother of a police officer, who reported suspected child abuse by a neighbor to authorities.

"Immunity statutes … were instituted by legislatures to ensure citizens will not be hesitant to report suspected abuse or neglect for fear of reprisal from upset and sometimes wrongly accused parents," the ruling stated. "The Kentucky legislature has effectuated a policy of giving great value to the societal benefits of protecting children at the risk of falsely accusing the parent."

Anthony Morgan and Felicia Morgan filed suit on May 10, 2007, against the Cabinet for Health and Family Services, the City of Williamsburg, the Williamsburg City Council, social worker Stephanie Bryant, then Sgt. Wayne Bird, and Bird’s mother, Gladys Bird.

The lawsuit claims that on April 9, 2007, Felicia Morgan and Gladys Bird, who are neighbors, "had words concerning Gladys Bird’s snooping, peeping and watching" over Felicia Morgan and her family’s activities through a privacy fence.

Within minutes of the verbal exchange, Wayne Bird appeared in the Morgan’s driveway in uniform followed immediately by Bryant.

Bryant requested the names of everyone present, and advised the parents that there was a complaint that they were allowing their two-year-old son to drink beer, the lawsuit stated.

The lawsuit alleges that "without consent or right" Wayne Bird searched Morgan’s home, went onto their neighbor’s property and searched their back porch, searched their cooler on their back porch, and knocked on their door and went in their house.
Bryant removed the child from the home on April 9, and returned him on April 12, 2007, after the parents passed two drug tests.

"If we were to allow a single disagreement between parties to be the foundation of bad faith excepting a party from immunity … we would be undermining the basic intent of the statute. The prompt investigation and replacement of the child at issue in the instant case was a well executed illustration of the intent and framework of KRS 620.030," the ruling stated.

The ruling also upholds a separate summary judgment by another circuit judge in favor of the City of Williamsburg, members of the Williamsburg City Council, and Wayne Bird, who is now police chief, dropping them as defendants in the lawsuit.

The Court of Appeals ordered that the ruling be published, which means it can serve as legal precedent in future court cases.