In re Interests of B.W.

410 P.3d 165
CourtCourt of Appeals of Kansas
DecidedFebruary 2, 2018
DocketNos. 117,775; 117,776; 117,777
StatusPublished

This text of 410 P.3d 165 (In re Interests of B.W.) 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 Interests of B.W., 410 P.3d 165 (kanctapp 2018).

Opinion

Per Curiam:

T.P. appeals the termination of her parental rights over B.W., L.W., and A.P., arguing that the trial court erred because insufficient evidence supported its findings in support of termination. T.P.'s argument, however, fails for two reasons. First, she has abandoned her argument by not providing any analysis in support of it. Second, even if she had not abandoned her argument, the record establishes that clear and convincing evidence supported the termination of her parental rights over B.W., L.W. and A.P. Accordingly, we affirm the termination of her parental rights.

On January 9, 2012, the State petitioned the court to find B.W.-a seven-year-old girl, L.W.-a five-year-old boy, and A.P.-a two-year-old boy-children in need of care (CINC), awarding their temporary custody to the State. The State alleged that the children were "without adequate parental care, control, or subsistence," were "without the care or control necessary for [their] physical, mental or emotional health," and had "been physically, mentally or emotionally abused." The State based its allegations, in part, upon the fact that B.W., L.W., and A.P.'s mother, T.P., had left their five-month-old brother, M.S., unattended on her boyfriend's couch while she and her boyfriend slept upstairs on January 2, 2012. M.S. died "most likely from suffocation" while lying on the couch. B.W., L.W., and A.P. were all in the boyfriend's house when M.S. died. The State further noted that the Kansas Department of Social and Rehabilitation Services (SRS), which was reorganized into the Kansas Department for Children and Families (DCF) in July 2012, had previously "confirmed medical neglect of another child."

On January 10, 2012, the trial court concluded that B.W., L.W., and A.P. were CINC based upon the parental neglect evidence surrounding M.S.'s death and the prior confirmed medical neglect. Accordingly, the trial court ordered that the children be placed in the temporary custody of the State. TFI Family Services, a contractor working for SRS, initially provided case management services for T.P. and the children. TFI created a case management plan with the goal of reintegrating B.W., L.W., and A.P. with T.P. Under this plan, T.P. had the following case plan tasks: (1) she would maintain employment; (2) she would maintain appropriate housing; (3) she would complete and follow all "psychological/parenting" recommendations; (4) she would maintain weekly contact with TFI to confirm visits; (5) she would sign all necessary releases; (6) she would submit to random urinalysis testing; and (7) she would complete and follow all therapy recommendations, which included that she attend individual therapy.

Shortly after creating the case management plan, TFI reported that all three children had behavioral issues. Traci Miner-Contreras, the original caseworker assigned to the children's cases, reported that B.W. had "issues of being bossy and defiant in the classroom." Miner-Contreras reported that L.W. and A.P. had behavioral issues requiring medication. Miner-Contreras also reported that A.P. "acted out sexually toward both [L.W.] and [B.W.]"

T.P.'s ability to appropriately respond to L.W.'s and A.P.'s behavioral issues was a common area of concern in TFI's case reports. In a February 2013 case report, Miner-Contreras explained that TFI granted T.P. an extended home visit with the children over Christmas 2012. When L.W. and A.P. returned to their foster home, they told their foster parents that T.P. and her boyfriend had put them "'in the basement with the rats' because they would not behave." According to Miner-Contreras, when confronted with L.W. and A.P.'s statement, T.P. and her boyfriend denied putting L.W. and A.P. in the basement with the rats but admitted that they had threatened L.W. and A.P. that they would put them in the basement with the rats if they did not behave. They explained threatening L.W. and A.P. with the rats "was the only way they could get the boys to listen." Following this incident, TFI required that T.P. complete parenting classes as part of her reintegration case plan tasks.

In August 2013, KVC Behavioral Healthcare began providing case management services for T.P. and the children. T.P.'s case plan tasks for reintegration remained the same as when TFI provided case management services. Moreover, Miner-Contreras continued to work on the case in a supervisory role.

In a progress report compiled for the trial court on February 3, 2014, KVC reported that T.P. had complied with her case plan tasks except for her task of participating in individual therapy. KVC also reported that despite completing the case plan tasks, "there [were] still concerns for the wellbeing [of] the children" as well as how T.P. would transport the children to school. For this reason, KVC recommended that the children "remain in DCF custody with out of home placement." At the February 11, 2014 review hearing, the trial court adopted KVC's recommendation, finding that although reintegration was still the goal, the children should remain in DCF custody with out-of-home placement. The trial court also provided KVC with the discretion where to place the children. Despite making this finding, for reasons not fully clear in the record, KVC allowed L.W. to go home with T.P. that very day. Moreover, all of the children returned to T.P.'s home before KVC compiled its next progress report for the trial court.

In May 2014, KVC reported that the children were "adjusting well to the return to their mother's home" and T.P. was demonstrating appropriate parenting skills. On June 18, 2014, however, DCF removed both L.W. and A.P. from T.P.'s home. KVC reported that L.W. and A.P. had to be hospitalized because they were "making comments about wanting to die and go to heaven to be with their baby brother." In addition to those reported comments, KVC reported that L.W. and A.P. had tied a belt around their necks, resulting in visible markings. KVC reported that based upon the preceding incident, "there were concerns with [T.P.'s] ability to meet the boys['] mental health needs." B.W. remained at home after L.W.'s and A.P.'s removal.

In December 2014, a KVC caseworker reported that T.P.'s visits and contact with KVC had become inconsistent. This caseworker also expressed concerned because B.W. had told her that she and her mother were living at the house of her mother's new boyfriend, Chris Eppens. B.W. explained that they were living at Eppens' house "because they [had] more things at his house, like food."

On June 13, 2015, police responded to a domestic dispute at Eppens' house. When police arrived, T.P. told police that Eppens had chased her around the house before pushing her down onto a bed and hitting her in the head multiple times. Police reported that T.P. had swelling around her left eye and ear. In a written report that T.P. gave to the police, she stated that B.W. was home when Eppens hit her.

On August 24, 2015, T.P. attended a meeting at the KVC office where KVC requested that she sign a safety plan which required her to promise not to let any of her children come into contact with Eppens based upon his arrest for domestic battery. The safety plan also prohibited T.P. from leaving any of her children alone with her sister, who had been convicted of possessing methamphetamine. T.P. refused to sign the plan, and the next day DCF removed B.W. from T.P.'s home based upon T.P.'s refusal to sign the safety plan. A couple of weeks later T.P. agreed to sign the safety plan and reported to KVC that she and Eppens were no longer in a relationship. KVC workers questioned T.P.'s statements about not being in a relationship with Eppens, noting that "social media sites show[ed] different[ly]."

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

Related

In re K.W.
246 P.3d 1021 (Court of Appeals of Kansas, 2011)
In the Interest of M.H.
337 P.3d 711 (Court of Appeals of Kansas, 2014)
Friedman v. Kansas State Board of Healing Arts
294 P.3d 287 (Supreme Court of Kansas, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
410 P.3d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interests-of-bw-kanctapp-2018.