Belden v. Cabinet for Families & Children

488 S.W.3d 45, 2016 WL 1534638, 2016 Ky. App. LEXIS 50
CourtCourt of Appeals of Kentucky
DecidedApril 15, 2016
DocketNO. 2014-CA-001177-MR
StatusPublished
Cited by1 cases

This text of 488 S.W.3d 45 (Belden v. Cabinet for Families & Children) 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
Belden v. Cabinet for Families & Children, 488 S.W.3d 45, 2016 WL 1534638, 2016 Ky. App. LEXIS 50 (Ky. Ct. App. 2016).

Opinion

OPINION

VANMETER, JUDGE:

An adult adopted person may file a motion with the circuit court for inspection of his adoption records. Upon the filing of such motion, the Cabinet is required, to undertake a search for the biological parents to ascertain whether they consent fo the inspection. If the biological parents are deceased, the court may order the inspection. The issue we must resolve is whether the Jefferson Circuit Court erred in denying inspection. Because the trial court issued no findings of fact in denying inspection in this case, we must vacate its order and remand to that court for findings of fact and conclusions of law that will permit a meaningful appellate review.

I. Factual and Procedural Background.

John Belden is currently incarcerated at the Kentucky State Penitentiary, Eddy-ville. He is serving a sentence for second-degree assault' under extreme emotional disturbance and* first-degree wanton endangerment. The factual circumstances of the incident that led to his incarceration are set forth in Belden v. Commonwealth, No. 2011-SC-000699-MR, 2013 WL 3155839 (Ky., June 20, 2013). Belden was also convicted of first-degree manslaughter, but the Kentucky Supreme Court vacated that conviction and remanded to the Jefferson Circuit Court for a new trial. The record does -not indicate any disposition of that charge since remand. -

• In' 2013, Belden filed a Petition to Inspect Adoption Records pursuant to KRS1 199.570 and 199.572. In May 2014, the Jefferson Circuit Court entered an order finding that “the Cabinet for Families and Children . •.. has determined that the biological parents listed on the original birth certificate ... are deceased.”2 The trial court accordingly ordered “that the biological parents are deceased or cannot be located and your petition to inspect your adoption records is denied.”3 Belden filed a timely motion for reconsideration, citing his status as a prisoner, his adoptive parents’ abandonment and nonsupport, his desire to know the facts of his commitment to the state and his medical history, his knowledge of biological siblings and desire to find them and “to find a loved one and a family to' belong and be unconditionally accepted.” The trial court- denied the motion, stating

[47]*47After reviewing the adoption records and considering that the biological mother listed on the birth certificate is deceased, the Court determined that the petition to inspect the adoption records . should be denied. The Court has reconsidered this decision in the capacity of this case and KRS 199.570 and has determined that the motion was properly denied.

This appeal follows.

II. Standard of Review.

The operative statute permitting an adult adoptive child to inspect his or her birth records is KRS 199.572. In pertinent part, it provides,

(7) If after diligent and reasonable effort, the secretary of the cabinet, certifies that both biological parents- identified in the original birth certificate' are deceased or the secretary is unable to locate said parents, then a judge of the Circuit Court, upon motion of the adult adopted person, may order that all papers and records of the Cabinet for Health and Family Services and those of the Circuit Court pertaining to the adoption shall be open for inspection to the adult adopted person. In any case, the court shall order that only identifying information about the biological parents be shared with the adult adopted person.

(emphasis added). Kentucky case and statutory law recognizes that “may denotes a permissive action. KRS 446.010(26); see Alexander v. S & M Motors, Inc., 28 S.W.3d 303, 305 (Ky.2000) (stating that “[w]hen considering the construction of statutes, KRS 446.010[] provides that ‘may1 is permissive, and ‘shall’ is mandatory! ]”). Because the applicable statute uses the permissive' word, “may,” our applicable standard of review is whether the trial court abused its discretion in denying inspection of the records. “Having determined that thé trial court had ... discretion ..., [the appellate cjourt must now determine whether that discretion was abused in this case. ‘The. test for abuse of discretion is whether the trial judge’s decision was arbitrary, unreasonable, unfair, or unsupported by sound legal principles.’” C.D.G. v. N.J.S., 469 S.W.3d 413, 421 (Ky.2015) (quoting Commonwealth v. English, 993 S.W.2d 941, 945 (Ky.1999)).

III. Analysis.

A. Inspection of Adoption Records.

Belden argues that the trial court erred in denying his request 'for inspection, apparently on the basis that KRS 199.572(7) directs that his adoption records be open if his biological parents are either deceased or cannot be located. We do not read the statute so broadly due to the use of the permissive word, “may.” A reading of the entire statute, KRS 199.572, discloses that it represents legislative accommodation of the sometimes competing rights of adop-tees for information relative to their adoptions and their biological “roots” with the basic privacy rights of the parties to an adoption, including, as here, biological parents. See, e.g., Fineberg v. Suffolk Div. of Prob. & Family Court Dep’t, 38 Mass.App. Ct. 907, 907, 644 N.E.2d 264, 265 (1995) (interpreting purpose of Massachusetts adoption disclosure statute). The fact that the biological parents are deceased, or unable to be located, does not necessarily obviate the privacy rights of other persons, such as biological grandparents, siblings or other family members. That said, however, the statute sets forth no standards for a trial court to follow in exercising its discretion to grant or deny access. As a result,, a trial judge with a predisposition to open adoption records will grant; a trial judge with á predisposition to secrecy will deny, Such result based merely on the personal preference of a trial court is un[48]*48doubtedly arbitrary and cannot be the law of the Commonwealth of Kentucky. See Ky. Const. § 2 (stating “[absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majori-tyt ]”).

Our review of adoption law in Kentucky discloses that the legislature’s decision as to how much openness or confidentiality to afford adoption proceedings represents a public policy determination which has fluctuated over time.

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

Related

Nebraska Alliance Realty Co. v. Brewer
529 S.W.3d 307 (Court of Appeals of Kentucky, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
488 S.W.3d 45, 2016 WL 1534638, 2016 Ky. App. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belden-v-cabinet-for-families-children-kyctapp-2016.