In re Ad.F.

CourtCourt of Appeals of Kansas
DecidedDecember 30, 2021
Docket123545
StatusUnpublished

This text of In re Ad.F. (In re Ad.F.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ad.F., (kanctapp 2021).

Opinion

NOT DESIGNATED FOR PUBLICATION

No. 123,545

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Interests of Ad.F., K.F., An.F., and Am.F., Minor Children.

MEMORANDUM OPINION

Appeal from Wyandotte District Court; DANIEL CAHILL, judge. Opinion filed December 30, 2021. Affirmed.

James T. Yoakum, of Kansas City, for appellant natural father.

Daniel G. Obermeier, assistant district attorney, for appellee.

Before GARDNER, P.J., HILL and HURST, JJ.

PER CURIAM: Father, the natural parent of Ad.F., K.F., Am.F., and An.F., appeals from the district court's order finding him an unfit parent as to all four children. While the court also terminated his parental rights to the youngest children, An.F. and Am.F., and granted permanent custodianship of Ad.F. and K.F. to the children's maternal grandmother (Grandmother), Father only contests the court's finding of his unfitness and guardianship of the older children. He does not protest the court's termination of his parental rights as to the two youngest children, An.F and Am.F. This court finds the evidence supports the district court's finding of Father's unfitness and affirms its ruling.

1 FACTUAL AND PROCEDURAL BACKGROUND

On January 3, 2017, Father and Mother were involved in a serious car accident that killed one of their passengers and left them both hospitalized. Father suffered a shattered femur, a lacerated kidney, and a broken neck. Mother was left on life support. While Mother was recovering, physicians discovered that she was several months pregnant with twins.

About three weeks after the car accident, the State petitioned to have the couple's older children, Ad.F., born in 2008 and K.F., born in 2016, declared children in need of care (CINC). The petition noted concerns about the deteriorating condition of the family's house, Father's mental health, and the lack of medical care given to Ad.F. and K.F. According to the petition, the family's house was unfit for human habitation and frequently lacked heat, air conditioning, or running water. The State also alleged that Father refused to allow Ad.F and K.F to see a doctor or dentist and would not allow Ad.F. to wear her prescribed glasses. Ad.F., who was about eight years old at the time, reported that she did not know when she had last been to a doctor and that K.F. had not received medical care since his birth—about six months before the accident. The Kansas Department for Children and Families (DCF) received a report of medical neglect regarding K.F. because Mother and Father had not taken him for any doctor's visits after his birth, despite his abnormal TSH levels, which could result from hyperthyroidism. The petition also described Mother's concerns about Father's ability to care for the children on his own and Ad.F.'s report to social workers that her parents would get into physical fights when they drank.

Based on the allegations in the petition, the district court granted an ex parte order of temporary protective custody for Ad.F. and K.F. While DCF maintained legal custody of the children, Ad.F. and K.F. were placed with maternal Grandmother. The court allowed Mother to stay with them at Grandmother's house when she was released from

2 the hospital about a month after the car accident, but the court only granted Father supervised and reasonable visitation. The court ordered Father and Mother to cooperate with the recommendations and services of the Kaw Valley Center (KVC). The court also issued a restraining order on Father, directing him "not to harass or attempt to make contact with placement or the children without KVC coordinating that contact."

Tragically, Mother died in April 2017 in part from complications related to the injuries she suffered in the car accident, and physicians delivered the twins—Am.F. and An.F. (the twins), who were three months premature. At birth, Am.F. had a stroke and required a gastrostomy feeding tube, and An.F. had a brain bleed. Both twins also suffered from chronic lung disease. Due to their medical conditions, the twins remained in the Neonatal Intensive Care Unit for some time after birth.

Two days after Mother's death and the twins' birth, the State filed CINC petitions alleging the twins were CINC. The petitions included similar allegations as those filed for their older siblings and stated that Father was unwilling to address the concerns about his mental health as well as his perceived inability to care for the children. Ultimately, the district court issued an ex parte order of temporary protective custody and placed the twins with a foster family—to date they have never lived with Father.

Having adjudicated Ad.F., K.F., Am.F., and An.F. to be CINC on June 23, 2017, the district court issued interim orders for Father to work toward reintegration with the children. Specifically, the court ordered:

• The children remain in the custody of DCF; • Father's visitation to be determined at the discretion of KVC; • Father obtain initial family assessments and follow all recommendations; • Father sign all necessary releases of information for the children; • Father obtain and maintain income; 3 • Father obtain and maintain stable housing; • Father's house remain "clutter-free, sanitary" and "not unfit"; • Father maintain contact with the court and interested agencies; • Father submit to drug and alcohol screening; • Father obtain a psychological evaluation; • Father participate in anger management services; and • Father participate in family therapy.

Over the next two years, Father periodically complied with some of these orders. Unfortunately, Father often exhibited anger and resistance toward the social workers and other service providers who worked with the family. Despite making intermittent progress toward reunification, the service providers reported that Father was unable to control his behavior toward his children and the social workers and he failed—or sometimes refused—to meet the court's orders.

The State's petition included concerns about the condition of Father's home. Father got the home off the "unfit list" and home visits with the older children, Ad.F. and K.F., began around six months after the court entered Father's reintegration plan. Based on the continued improvements, Ad.F. and K.F. were placed back in Father's home later that year. At that time, the house still lacked air conditioning and social workers noted that Father did not have beds, towels, dishes, diapers, toilet paper, or baby wipes. To meet some of the family's needs, KVC provided air conditioning units, a washer, a dryer, bunk beds, cribs, a double stroller, toys, a car seat, highchairs, bus passes, and Walmart gift cards for other household items. Even with the provided air conditioners, the upstairs of Father's home was still hot so Ad.F. and K.F. slept on couches downstairs and social workers noted that these couches "smelled a little bit foul" and that there was often dog excrement scattered around the floor.

4 As Father continued to improve the condition of the home, he was granted supervised home visits with the twins. Unfortunately, because of the twins' medical conditions, including needing breathing treatments and a feeding tube, social workers believed that Father failed to consistently maintain his home in a safe manner for their specific needs. The twins' foster mother noted that they would return dirty from crawling on Father's floor or with vomit, flea bites, smelling like cigarette smoke and with missing clothes. Around this time, concerns were raised about whether the home was suitable for the older children as well.

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