In re T.W.

CourtCourt of Appeals of Kansas
DecidedSeptember 5, 2025
Docket128712
StatusUnpublished

This text of In re T.W. (In re T.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 T.W., (kanctapp 2025).

Opinion

NOT DESIGNATED FOR PUBLICATION

No. 128,712

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Interest of T.W., a Minor Child.

MEMORANDUM OPINION

Appeal from Crawford District Court; M. JENNIFER BRUNETTI, judge. Submitted without oral argument. Opinion filed September 5, 2025. Affirmed.

Autumn A. Green, of Wallace Saunders, Chartered, of Overland Park, for appellant natural mother.

Reina Probert, county attorney, for appellee.

Before ISHERWOOD, P.J., SCHROEDER and PICKERING, JJ.

PER CURIAM: Mother appeals the termination of her parental rights to her minor child, T.W. (born in 2022). On appeal, Mother argues the State failed to prove that the presumptions of unfitness in K.S.A. 38-2271(a) applied by clear and convincing evidence and the district court erred by finding she failed to rebut those presumptions by a preponderance of the evidence. But the district court also made findings of unfitness under K.S.A 38-2269(b)(3), (b)(7), (b)(8), (b)(9), (c)(2), (c)(3), and (c)(4), which Mother does not address. After a thorough review, we find clear and convincing evidence supports the district court's findings under these statutory presumptions. Therefore, we affirm.

1 FACTUAL AND PROCEDURAL BACKGROUND

Mother had a history of her children being removed from her custody. After the State had removed at least two other children from her custody, on July 5, 2022, the State moved to declare T.W. a child in need of care. Days earlier, Mother had tested positive for methamphetamine while she was at the hospital giving birth to T.W. Father had threatened employees from the Department for Children and Families (DCF) and employees of TFI Family Services (TFI), the agency managing the case, so the child was not placed with the Father. Due to concerns for T.W.'s safety and well-being, the child was placed in out-of-home placement. On November 7, 2022, the district court adjudicated T.W. a child in need of care.

On July 8, 2024, the State moved to terminate both Mother's and Father's parental rights. In addition to numerous statutory factors under K.S.A. 38-2269, the State asked the court to apply four presumptions of unfitness under K.S.A. 38-2271(a).

A half-day termination of parental rights hearing began on September 30, 2024. Dawnelle Shelley, a permanency manager at TFI, testified she was the case manager from July 2022 until October 2023 and from July 2024 until the termination hearing. She testified Mother's case plan tasks were to "submit to random [drug tests] weekly," to "complete 30 hours of parenting classes," and to complete both mental health and substance abuse evaluations and follow the recommendations of the evaluations. Shelley testified that Mother had completed one or two two-hour parenting classes and provided documentation that she had completed the parenting classes.

Shelley also testified Mother's visitation was still supervised at the time of the termination of parental rights hearing. At one point Mother was able to achieve unsupervised visits with T.W. but, after "some back sliding and not providing [drug tests]" or contacting TFI, Mother's visitation returned to supervised. At the conclusion of

2 Shelley's testimony, the district court continued the hearing to November 19, 2024, due to time constraints.

At the beginning of the November 19, 2024 hearing, Father voluntarily relinquished his parental rights. Following Father's relinquishment, Mother testified that T.W. was born on June 30, 2022, and was taken from Mother's care very soon after. She testified that, in the last two-and-a-half years, she had not had a home of her own. At the time, she was staying in an Oxford House in Salina, Kansas. She admitted TFI had told her that an Oxford House was not an ideal place for a two-year-old child.

Due to Mother's move to Salina, her visits with T.W. had been conducted over Zoom. She did not dispute that she had missed a total of 27 visits with her daughter and admitted she missed a visit between September 30, 2024, and November 19, 2024, because she was cleaning her duplex.

On cross-examination, Mother testified the Oxford House was an all-female facility and allowed children. Mother testified she passed every drug test from July 8, 2022, to June 26, 2023, and she completed a mental health evaluation and completed counseling before June 26, 2023. Similarly, she completed a drug and alcohol evaluation and completed treatment prior to June 26, 2023. Mother testified Father was a "trigger" for her—someone who could convince her to do drugs—which is why she moved four- and-a-half hours away to Salina in June 2024.

Mother testified she had been sober since April 27, 2024; had completed a mental health evaluation again in Salina; and had completed all the required counseling sessions. She also completed a second drug and alcohol evaluation in Salina. Mother testified she had completed 45.8 hours of parenting classes. Mother also acknowledged she did not take all the drug tests that had been asked of her.

3 Shawnette Bell, a permanency support worker at TFI, testified she had supervised T.W.'s case since July 2022. T.W. had never been in a parental home and Mother's visits with T.W. were still supervised. Mother admitted to using methamphetamine, fentanyl, and THC, and there was a period when Mother failed to take drug tests. Mother was advised she needed to complete 30 hours of parenting classes, and TFI staff reminded her monthly about the need to complete this requirement. Nonetheless, as of September 30, 2024, Mother had only completed three parenting classes—six total hours.

Bell testified Mother provided a drug and alcohol intake in 2022 but did not complete treatment. Mother did not provide TFI copies of either her April 2024 or July 2024 drug and alcohol intake. Mother completed her treatment, but proof of completion was not provided until November 17, 2024. Similarly, Mother initially did a mental health intake but did not provide documentation showing she completed treatment until November 17, 2024.

Bell reiterated that Mother's visitation with T.W. occurred by Zoom and that Mother had missed approximately half of her visits since moving to Salina. Prior to September 2024, Mother had not carried out all her case plan tasks and had not shown an ability to be consistent in carrying out those tasks.

On cross-examination, Bell acknowledged that Mother had completed all of her case plan tasks as of November 19, 2024. But while Mother successfully completed 16 negative drug tests after June 14, 2024, there was an eight-month gap between August 2023 and May 2024 where Mother did not provide any drug tests. Mother disclosed she was using methamphetamines and fentanyl during this time period. In the last 30 days, Mother completed 24 hours of parenting classes.

After the State rested, Whitney McCosh, a licensed addictions counselor with CKF Addiction Treatment, testified that Mother completed a drug and alcohol evaluation

4 on July 29, 2024. Krystal Foster, a peer mentor at CKF Addiction Treatment, testified Mother successfully completed level one outpatient treatment—which was recommended by her evaluation—on October 11, 2024. Samantha Carr, a licensed professional mental health counselor, testified she conducted a mental health evaluation and Mother had successfully completed her treatment plan. There was also testimony that Mother had recently started employment.

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

Related

National Bank of Andover v. Kansas Bankers Surety Co.
225 P.3d 707 (Supreme Court of Kansas, 2010)
In re Interest of R.S., P.S., and A.S. line
336 P.3d 903 (Court of Appeals of Kansas, 2014)
In Re Interests of M.S.
447 P.3d 994 (Court of Appeals of Kansas, 2019)
In re Adoption of Baby Girl G.
466 P.3d 1207 (Supreme Court of Kansas, 2020)
In re E.L.
502 P.3d 1049 (Court of Appeals of Kansas, 2021)
In re D.G.
555 P.3d 719 (Supreme Court of Kansas, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
In re T.W., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tw-kanctapp-2025.