2024 - Court of Appeals - Public Opinions in Confidential Cases

CourtCourt of Appeals of Kentucky
DecidedDecember 20, 2024
Docket2024 CA ADMIN - NON-CONFIDENTIAL OPINION - 002
StatusUnpublished

This text of 2024 - Court of Appeals - Public Opinions in Confidential Cases (2024 - Court of Appeals - Public Opinions in Confidential Cases) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
2024 - Court of Appeals - Public Opinions in Confidential Cases, (Ky. Ct. App. 2024).

Opinion

RENDERED: DECEMBER 20, 2024; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2024-CA-0046-ME

T.S.L.J. APPELLANT

APPEAL FROM GRAVES CIRCUIT COURT v. HONORABLE KEVIN D. BISHOP, JUDGE ACTION NO. 23-AD-00027

COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES; L.M.C., A CHILD; AND R.J.N., JR. APPELLEES

AND

NO. 2024-CA-0047-ME

APPEAL FROM GRAVES CIRCUIT COURT v. HONORABLE KEVIN D. BISHOP, JUDGE ACTION NO. 23-AD-00028

COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES; C.J.C.; AND D.J.D.W., A CHILD APPELLEES AND

NO. 2024-CA-0049-ME

APPEAL FROM GRAVES CIRCUIT COURT v. HONORABLE KEVIN D. BISHOP, JUDGE ACTION NO. 23-AD-00029

COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES; C.J.C.; AND K.J.D.C., A CHILD APPELLEES

OPINION AFFIRMING

** ** ** ** **

BEFORE: COMBS, LAMBERT, AND MCNEILL, JUDGES.

MCNEILL, JUDGE: In these three consolidated appeals, T.S.L.J. (“Mother”)

appeals from the Graves Circuit’s decisions terminating her parental rights to

L.M.C. (“younger son”), D.J.D.W. (“older son”), and K.J.D.C. (“daughter”)

(collectively “the Children”). We affirm.

Daughter was born in 2018. Older son was born in 2019. Younger

son was born in 2020. In 2020, shortly before younger son’s birth, the authorities

-2- saw a vehicle linked to a person for whom an active warrant existed parked at the

residence of Mother’s mother (“Grandmother”). Because Grandmother’s home

was in deplorable condition, law enforcement alerted the Cabinet for Health and

Family Services (“the Cabinet”) that Mother and Daughter were present. Mother

admitted at the final termination hearing that Grandmother’s home was “terrible”

but claimed she was not residing there at that point in 2020. According to Mother,

she was only there to try to clean Grandmother’s home.

The Cabinet filed a petition for removal of the Children from

Mother’s care. The petition was granted, and the children have been in the

Cabinet’s custody continuously since October 2020. Mother was under a

guardianship due to her perceived inability to care for herself. The Cabinet

formulated a case plan for Mother which required her to, among other tasks,

complete parenting classes and obtain and maintain appropriate housing.

In April 2023, the Cabinet filed petitions to terminate Mother’s parental rights as to

each of the three Children.1 The Graves Circuit Court held a combined final

hearing on the Cabinet’s three petitions in December 2023.

1 The Cabinet also successfully sought to terminate the parental rights of the Children’s respective fathers. Neither father has appealed those decisions.

-3- In 2022, Mother moved into an assisted living facility in Owensboro,

Kentucky where she remained until her guardianship ended around June 2023.2

While Mother resided at the Owensboro facility, Sarah Andrus, a regional

administrator employed by the Cabinet, twice per month transported the Children

to Mother for visits before switching to transporting Mother to the Children.

Those trips were about two hours each way and each visit lasted about an hour.

Andrus testified that during the visits Mother was more focused on

her own needs than those of the Children. Andrus testified that Mother struggles

with basic parenting tasks and cannot safely parent the Children. Perla Henry, a

social services clinician employed by the Cabinet assigned to Mother’s case since

June 2021, similarly testified that the Children could not be returned to Mother and

terminating Mother’s parental rights to the Children was in their best interests.

Mother has been living in Grandmother’s home after leaving the

facility in Owensboro. Andrus testified Grandmother’s home was not safe or

appropriate for the Children. Henry similarly testified that she had told Mother

that the Children cannot live in Grandmother’s home.

In her testimony, Mother stated she did not want to remain at a facility

when her guardianship ended but Grandmother’s home was Mother’s only viable

housing option. Mother also testified that her guardian had advised her to move in

2 Mother continued to have a conservator to help her manage her financial affairs.

-4- with Grandmother after leaving the facility. Andrus testified that Mother’s

guardian had mistakenly believed Mother’s case plan required her to live with

Grandmother after leaving the facility. Mother testified she had applied for public

housing but there was a significant waitlist for that housing.

Henry testified that the Cabinet had made all reasonable efforts to

reunify Mother with the Children and there was nothing else the Cabinet could

realistically do to assist Mother in regaining custody. Mother similarly answered

in the affirmative when asked if the Cabinet had made reasonable efforts to reunify

her with the Children.

On the other hand, there was testimony favorable to Mother. For

example, testimony showed she had recently completed parenting classes.

Apparently, for unclear reasons, Mother’s guardian had not allowed her to take

parenting classes. Andrus testified that Mother had made some progress, though

Mother still focused primarily on herself during visits. Two of Mother’s sisters

also briefly testified about improvements they perceived Mother had made.

The trial court granted all three termination petitions. Mother then

filed these three appeals, one for each child, which we have consolidated.

A “trial court has wide discretion in terminating parental rights.”

Cabinet for Health and Family Services v. K.H., 423 S.W.3d 204, 211 (Ky. 2014).

As such, “our review is limited to a clearly erroneous standard which focuses on

-5- whether the [trial] court’s order of termination was based on clear and convincing

evidence.” Id. (citing Kentucky Rule of Civil Procedure (“CR”) 52.01). “Clear

and convincing proof does not necessarily mean uncontradicted proof. It is

sufficient if there is proof of a probative and substantial nature carrying the weight

of evidence sufficient to convince ordinarily prudent minded people.” M.S.S. v.

J.E.B., 638 S.W.3d 354, 360 (Ky. 2022) (citation omitted). “Pursuant to this

standard, an appellate court is obligated to give a great deal of deference to the

family court’s findings and should not interfere with those findings unless the

record is devoid of substantial evidence to support them.” Cabinet for Health and

Family Services v. T.N.H., 302 S.W.3d 658, 663 (Ky. 2010). “Because termination

decisions are so factually sensitive, appellate courts are generally loath[] to reverse

them, regardless of the outcome.” D.G.R. v. Cabinet for Health and Family

Services, 364 S.W.3d 106, 113 (Ky. 2012).

Kentucky Revised Statute (“KRS”) 625.090 governs the termination

of parental rights in Kentucky. That statute requires that a termination of parental

rights must be based on three findings made by clear and convincing evidence: (1)

the child is or has been adjudged abused or neglected as defined in KRS

Related

D.G.R. v. Commonwealth, Cabinet for Health & Family Services
364 S.W.3d 106 (Kentucky Supreme Court, 2012)
D.S. v. F.A.H.
684 S.W.2d 320 (Court of Appeals of Kentucky, 1985)
L.B.A. v. H.A.
731 S.W.2d 834 (Court of Appeals of Kentucky, 1987)
Commonwealth, Cabinet for Health & Family Services v. T.N.H.
302 S.W.3d 658 (Kentucky Supreme Court, 2010)
P.W. v. Cabinet for Health & Family Services
417 S.W.3d 758 (Court of Appeals of Kentucky, 2013)
Cabinet for Health & Family Services v. K.H.
423 S.W.3d 204 (Kentucky Supreme Court, 2014)
B.L. v. J.S.
434 S.W.3d 61 (Court of Appeals of Kentucky, 2014)
K.M.J. v. Cabinet for Health & Family Services
503 S.W.3d 193 (Court of Appeals of Kentucky, 2016)
Prescott v. Commonwealth
572 S.W.3d 913 (Court of Appeals of Kentucky, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2024 - Court of Appeals - Public Opinions in Confidential Cases, Counsel Stack Legal Research, https://law.counselstack.com/opinion/2024-court-of-appeals-public-opinions-in-confidential-cases-kyctapp-2024.