Legal Question in Family Law in Kentucky

CPS/Internet concerns

On a website that i frequent every day, i have started a new live group that has mini forums and allows people to join and post. well, ive started one on the subject of CPS and being falsley accused and charged by them and people just trying to get back at you for personal reasons. I have a few friends that would love to share thier experiences and stories but are afraid that what they may say in the forums could be held against them or used against them in court or by CPS workers. some of these friends have active CPS cases against tehm now and are afraid of being persecuted for what they may post. Is that possible? Is is legal?


Asked on 9/28/07, 7:34 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: CPS/Internet concerns

Any statement, written or spoken, that a person, who is a party in a legal proceeding, makes can be testified to by a witness who heard or saw the statement. It is called an "admission".

There are only a few protections: 1) that the "admission" is not admissible because it is not relevant, 2) that the "admission" is not against the party's interest at the time it is introduced into evidence, 3) that it is protected by attorney client privilege or some other privilege. If the party posts a statement on the web, it is not covered by a privilege.

If they post things that are negative, but true, about the Cabinet, and workers retaliate because of those statements - that is unlawful. However, proving it would be nearly impossible.

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Answered on 10/01/07, 9:46 am


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