B.E.K. v. Cabinet for Health & Family Services

487 S.W.3d 457, 2016 WL 447733, 2016 Ky. App. LEXIS 40, 2016 Ky. App. Unpub. LEXIS 257
CourtCourt of Appeals of Kentucky
DecidedFebruary 5, 2016
DocketNO. 2014-CA-001350-ME
StatusPublished

This text of 487 S.W.3d 457 (B.E.K. v. Cabinet for Health & Family Services) 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
B.E.K. v. Cabinet for Health & Family Services, 487 S.W.3d 457, 2016 WL 447733, 2016 Ky. App. LEXIS 40, 2016 Ky. App. Unpub. LEXIS 257 (Ky. Ct. App. 2016).

Opinion

OPINION

JONES, JUE>GE:

This appeal arises out of an order entered by the Family Division of the Fay-ette Circuit Court (“family court”) terminating the parental rights of B.E.K. (“Mother”) to her minor child, R.A.K. (“Child”). On appeal, Mother argues that the family court erred because the evidence was insufficient to establish that she abused or neglected R.A.K. Having carefully and exhaustively reviewed the rather lengthy record, we discern no error on the trial court’s part. Substantial evidence exists to support the trial 'court’s findings. Accordingly, we affirm.

I. BACKGROUND

Mother is unmarried. In 2009, Mother had a sexual encounter with .an unknown male she met at a house party in Lexington, Kentucky. Child was conceived during this encounter.1 Mother gave birth to Child on March 20, 2010. For approximately the next year, Child remained- in Mother’s care. Sometime in March of 2011, Mother sent Child, to live with her maternal cousin. The Cabinet for Health and Family Services, Commonwealth of Kentucky (“the Cabinet”), first became involved on March 23, 2011, when Mother was sick. When Mother presented herself at the doctor’s office, she did not have Child with her and would not tell the receptionist Child’s whereabouts. This alarmed the receptionist so she called the Cabinet hotline stating that she was concerned for Child’s safety given Mother’s mental health issues.

[459]*459The Cabinet dispatched a social worker to Mother’s home to investigate. Mother told the social worker that Child was fine, but refused to have Child brought back to Fayette County so that the Cabinet could confirm that Child was safe. This refusal prompted the Cabinet to seek an emergency custody order for Child. The order was issued, Child was removed from Mother’s custody, and Child was placed in the temporary custody of a relative of Mother. After completing an investigation, Child was returned to Mother on June -8, 2011.

Less than a month later, Mother telephoned her social worker, Ms. Shannon Horn, in the middle of the night" expressing that Child was inconsolable, was not eating food, would not sleep, and was eating non-food items. The calls began at midnight and continued until four that morning. During these calls, Mother expressed. that the bond between her and Child was broken. She told Ms. Horn that she was going to-give Child away to a woman she had located and do,, what she could to forget Child.

Obviously, this alarmed Ms. Horn; She conveyed the conversations she had with Mother to her supervisor. - This led to the Cabinet obtaining a second emergency custody order on June 22, 2011. Thereafter, Mother refused to assist in preparing Child for her removal. She would not pack any personal items or clothing for Child, causing her to leave Mother’s care without any possessions or clothing.

Child was placed in foster care.- Initially, Child’s permanency goal was “return to parent.” A case plan was developed to assist Mother in reunification with Child. The case plan provided that Mother should maintain stable housing, maintain consistent mental health treatment, follow all recommendations of-the providers, and cooperate fully with the Cabinet. As part of this plan, the Cabinet conducted supervised visits between- Mother and Child. Some of the visits went well, but others did not. Specifically, there were visits where Mother would wear sunglasses arid earplugs. At one visit, Mother" left the building, leaving Child alone on the floor in the visitation room. ■

The foster parents reported that Child displayed extreme behavior following her visits with Mother. Child would engage in head-banging, which was so severe that the Child required plastic surgery due to her’ injuries. As concern mounted over Child’s extreme behavior, Child was referred for an evaluation by Kelly Jones, a Psychological Practitioner. Ms. Jones diagnosed Child with Reactive Attachment Disorder. She further noted that Child displayed signs of being approach avoi-dant, had poor social interaction, and' other fear-based symptoms. She recommended that Mother’s visits with Child terminate.

Due to the Cabinet’s concerns and Mother’s refusal to discuss her mental health, the Cabinet referred Mother and Child’ to the University of Kentucky for a Comprehensive Assessment and Training Services (“CATS”) evaluatiori. The CATS report détailed Mother’s mental health problems, her treatment (or lack thereof), her perceptions of Child, and her past parenting of Child. The CATS report indicated that Mother had previously allowed her paranoia and mental issues to interfere with providing for Child’s needs such as when she refused a referral to First Steps. The CATS -report also suggested that Mother had failed to appreciate and address Child’s chronic ear infections, which led to a speech delay and other associated problems. The report also" discussed Child’s behavioral issues as being most likely caused by Mother’s inability to connect with Child and her inconsistent behavior in parenting Child. ■ Despite Mother’s efforts and progress toward [460]*460completion of her case plan, the CATS evaluation recommended that Child not be returned to Mother’s care because Mother had failed to adequately address her mental health issues to minimize the risk of further emotional and physical harm to Child. Specifically, the evaluation provided:

Given the chronic nature of [Mother’s] mental health symptoms, repeated failed attempts for her to independently parent (3 known attempts), her limited insight into these difficulties, limited support system, and high degree of ongoing distress noted during this assessment, reunification between the caregiver and her young child is not recommended at this time. The nature of [Mother’s] difficulties suggests a poor prognosis for completely ameliorating caregiving risk and her limited support system suggests she does not have the assistance needed to promote caregiving efforts at this time.

(Report at p. 36-37).

After receiving the CATS evaluation, the Cabinet changed its permanency plan from reunification to termination and adoption. On June 22, 2012, the Cabinet filed a Petition for Involuntary Termination of Parental Rights. The family court held a lengthy hearing broken up into several different days of testimony. The hearing began on October 24, 2012, and ultimately concluded on May 19,2014.

Throughout the course of these proceedings, an abundance of testimonial evidence was presented to the family court from several individuals. After hearing all- of the evidence presented over several hearings, the family-court entered a thorough order detailing its conclusion to terminate Mother’s parental rights to Child; The family court made-the following factual findings as part of its amended order entered August 1,2014:

1. The child,. R.A.K., a female, was born on March 20, 2010. She is committed to the custody of the Cabinet ... by order of-the Fayette Family Court and has resided in foster care under the responsibility of the Cabinet since on or about June 22, 2011. She is an abused and - neglected child as defined in KRS 600.020; it is in the best interests of the child that [Mother’s] parental rights be terminated. The child was found to be dependent in the juvenile court-proceedings .below, but the evidence at trial of this action is clear and convincing that .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wa v. Cabinet for Health & Family Serv. Commonwealth
275 S.W.3d 214 (Court of Appeals of Kentucky, 2009)
Bowling v. Natural Resources & Environmental Protection Cabinet
891 S.W.2d 406 (Court of Appeals of Kentucky, 1995)
D.G.R. v. Commonwealth, Cabinet for Health & Family Services
364 S.W.3d 106 (Kentucky Supreme Court, 2012)
Commonwealth, Cabinet for Health & Family Services v. T.N.H.
302 S.W.3d 658 (Kentucky Supreme Court, 2010)
Cabinet for Health & Family Services v. K.H.
423 S.W.3d 204 (Kentucky Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
487 S.W.3d 457, 2016 WL 447733, 2016 Ky. App. LEXIS 40, 2016 Ky. App. Unpub. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bek-v-cabinet-for-health-family-services-kyctapp-2016.