C.H. v. Cabinet for Health & Family Services

399 S.W.3d 782, 2013 Ky. App. LEXIS 116, 2013 WL 1919511
CourtCourt of Appeals of Kentucky
DecidedMarch 29, 2013
DocketNos. 2012-CA-001268-ME, 2012-CA-001269-ME
StatusPublished
Cited by1 cases

This text of 399 S.W.3d 782 (C.H. 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
C.H. v. Cabinet for Health & Family Services, 399 S.W.3d 782, 2013 Ky. App. LEXIS 116, 2013 WL 1919511 (Ky. Ct. App. 2013).

Opinion

OPINION

MOORE, Judge:

C.H., mother, appeals the Fayette Circuit Court’s order terminating her parental rights regarding her biological children, J.A.J. and M.H. After a thorough review of the record, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

The children were initially removed from mother’s care and placed in foster care in November 2008 after an allegation of sexual abuse regarding J.A.J. was substantiated against her stepfather, J.H., who is the biological father of M.H.1 J.H. pled guilty to two counts of first-degree sodomy and one count of first-degree sexual abuse and was sentenced to fifteen years’ imprisonment. On June 4, 2009, mother stipulated to and the circuit court made a finding of risk of sexual abuse. There were allegations that mother had been aware of the abuse. With the exception of authorized visitation with mother, the children have resided in foster care since their removal.

The University of Kentucky Center on Trauma and Children performed a Comprehensive Assessment and Training Services (CATS) Assessment on October 14, 2009. The findings were reported on January 10, 2010. Kate Hubbard, one of the social workers who completed the assessment, later testified that based upon the assessment it was the Center’s recommendation that the children not be returned to the care of mother.

Ms. Hubbard indicated that mother did not have a full understanding of what had happened to J.A.J., her contribution to J.A.J.’s maltreatment, or how she had failed to protect J.A.J.;2 she had no ade[784]*784quate plan to protect the children and was “unlikely to be a protective caregiver”; she had ongoing and problematic contact with J.H., who had sexually abused J.A.J.; and she was “experiencing a myriad of psychological symptoms,” including paranoia, dissociation, impairment in self-reference, anxiety, and obsessive compulsive thoughts. She reported that these issues would take a considerable amount of time to resolve.

The Cabinet nevertheless rejected the CATS recommendation and began reunification efforts. Mother completed her case plan, which included a parenting assessment and twelve classes at the Center for Women, Children, and Families. She also participated in individual counseling sessions, completed a psychological assessment, and began taking medication to manage her clinically diagnosed post-traumatic stress and mild recurrent major depression. She began receiving disability benefits. She and J.A.J. also participated in counseling together.

In an effort to transition the children back into the home, the Cabinet began to permit mother to have unsupervised weekend visitation with the children. On April 23, 2011, during the second weekend visitation, mother “spanked” J.A.J., which resulted in extensive bruising on her arm and extending from J.A.J.’s lower buttock to her lower thigh. J.A.J. reported that she believed she was being punished because her mother felt she was being disrespectful and because she threw her clothes on the bed accidentally hitting the string hanging from the light causing the fan string to swing up and hit the fan. Mother pled guilty to criminal abuse in the third degree on August 3, 2011.3

On August 31, 2011, the Cabinet changed the children’s permanency plan to adoption. The circuit court signed an order relieving the Cabinet of any further reasonable efforts for reunification.

The Cabinet filed a petition for termination of parental rights. A hearing was held on February 14, 2012, and continued on March 16, 2012. Several witnesses testified regarding mother’s parental fitness, including Kate Hubbard, whose testimony is summarized above.

Cabinet worker Vanessa Dennis testified that mother was aware that she was under the supervision of the Cabinet at the time of the “spanking” incident but had shown no remorse for her actions. She also testified that, despite mother’s assertions, there was no evidence that J.A.J. bruised more easily than any other child. Ms. Dennis stated that the Cabinet had spent considerable time and effort in an attempt to reunify the children with mother and that both children had expressed that they preferred to stay in their current foster home. She further indicated that, although mother had been making payments of $100 per month toward her child support obligation, she had a felony arrearage in the amount of $1,206.

Lindsey Brady from CASA4 also testified that it was CASA’s position that the “girls will not be safe if returned home” and that this conclusion was based in part upon J.A.J.’s comments to the CASA worker that she did not feel safe going back home.

The children’s foster parents, the How-ards, testified that they believed it was in the children’s best interest for them to be returned to their mother. At the time of the hearing, the children had resided with the Howards for approximately three [785]*785years. During that period, the Howards indicated that they had developed a close relationship with both the children and mother. Mrs. Howard indicated that it was always their goal as foster parents to see the foster children reunited with the biological parents. She described J.A.J. as having been “an adult for so long that she hasn’t been a child like she should be.” She described M.H. as never having been able to have a life with her mother because she was removed from the home at such a young age. She expressed that M.H. had always wished to return to her mother; whereas, J.A.J. says it does not matter one way or the other, “she wants to go and then she don’t want to go.” Ms. Howard acknowledged that the discrepancy regarding the children’s expression of their wishes depending on who they were talking to could be an attempt by the children to tell others what they wanted to hear. She also indicated that the children were now aware that the Howard’s no longer planned to adopt them, which appears to have been the permanency plan for the children until just a few weeks prior to the hearing.

When questioned about the “spanking,” Ms. Howard said she had fostered one hundred and ninety-eight children in their home and that J.A.J. did not bruise any more easily than “any other normal child.” She indicated that she was “surprised that [J.A.J.] had been hit like that,” but believed that it would not happen again because of the counseling that mother had undergone. Both foster parents did not believe that mother would make that “mistake” again.

J.H., father of M.H., also testified that he felt it was in the child’s best interest to be returned to her mother. His testimony revealed that he was unaware of the extent of the bruising that resulted from J.A.J.’s “spanking” or the resulting criminal charge. He stated that, although he was unaware of the details of this incident, it did not change his mind. J.A.J.’s father was properly notified of the termination proceedings but did not participate.5

Despite mother having stipulated to placing the children at risk of sexual abuse, mother maintained that she was unaware that any abuse had occurred until J.A.J. was twelve years old. She admitted that J.A.J. had told her she was being abused when she was four or five years old but that J.A.J. had ultimately recanted. Mother testified that after that point she “paid attention to what was going on.” However, she explained that the abuse must have occurred while she was taking medication which caused her to sleep.

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Cite This Page — Counsel Stack

Bluebook (online)
399 S.W.3d 782, 2013 Ky. App. LEXIS 116, 2013 WL 1919511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ch-v-cabinet-for-health-family-services-kyctapp-2013.