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COMMONWEALTH, DEPT. OF CHILD WELFARE v. JARBOE

464 S.W.2d 287 (1971)

COMMONWEALTH of Kentucky, DEPARTMENT OF CHILD WELFARE, Appellant, v. Richard O. JARBOE and Lula Mae Jarboe, his Wife, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 26, 1971.

Attorney(s) appearing for the Case

Lynn T. Mitchell, Dept. of Child Welfare, Frankfort, for appellant.

Lucien T. Wilcox, Homer Parrent, Jr., Garland R. Hubbard, Louisville, for appellees.

OSBORNE, Judge.

This is a proceeding by Richard O. Jarboe and his wife, Lula Mae Jarboe, to adopt Michael Lee St. John. The circuit court entered an order permitting the adoption. We reverse.

The facts of the case are lengthy and novel. Because of the nature of the proceeding, they will have to be stated in full.

On December 8, 1967, the Department of Child Welfare of the Commonwealth of Kentucky entered into a written contract with Richard O. Jarboe...

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