The Kentucky Court of Appeals has overturned a ruling that would allow the Cabinet for Health and Family Services to take three-year-old Daniel Kirkwood off life support.
"The mother did not want the cabinet to do that, yet the court okay-ed the cabinet to do that. So we went ahead and appealed the issue and the Court of Appeals did reverse," Lei Knee said.
Knee, the attorney representing Daniel's mother, Dreva Kirkwood in the juvenile case said the cabinet only has temporary custody of Daniel.
"The cabinet argued both in the lower court and the Court of Appeals that they shouldn't have to follow their own policy because of the criminal allegations. Again these are just allegations made against her, nothing has been proven in the criminal court of juvenile court," Knee said.
Kirkwood is charged with criminal abuse. Her boyfriend, Leroy Sturdivant, is charged with assault.
They are both lodged in the Warren County Regional Jail on a million dollar cash bond.
A police report states they were both arrested after the boy was brought to the hospital with bruises and marks from being struck with a belt and multiple cracked ribs.
In a statement to WBKO the Cabinet for Health and Family Services said it's evaluating the Kentucky Court of Appeals opinion. It's now deciding whether it will seek a review in the case.
There was a pre-trial hearing on April 2, 2007. Knee said the juvenile and criminal cases are moving forward.
Leslie Bucklew with the Warren County Attorney's Office, said he can't comment on the case at this time because it's a juvenile matter.