N.L. v. W.F.

368 S.W.3d 136, 2012 WL 1886490, 2012 Ky. App. LEXIS 80
CourtCourt of Appeals of Kentucky
DecidedMay 25, 2012
DocketNos. 2010-CA-001787-ME, 2011-CA-000091-ME, 2010-CA-001815-ME, 2011-CA-000095-ME
StatusPublished
Cited by6 cases

This text of 368 S.W.3d 136 (N.L. v. W.F.) 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
N.L. v. W.F., 368 S.W.3d 136, 2012 WL 1886490, 2012 Ky. App. LEXIS 80 (Ky. Ct. App. 2012).

Opinion

OPINION

LAMBERT, Judge:

These four consolidated appeals arise from a juvenile action in which the Green-[138]*138up Family Court found N.L. neglected her two children and subsequently awarded permanent custody to their respective fathers. Having carefully considered the record from the proceedings below and the parties’ arguments on appeal, we hold that the family court erred in awarding custody to the fathers. Therefore, we reverse the orders on appeal.

For ease of understanding, we shall first set forth the parties and other individuals involved in these cases as well as how we shall refer to them in this opinion. N.L., the appellant, (hereinafter “the Mother”), is the biological mother of two daughters. Her first child is D.D., who was born on February 8, 2000 (hereinafter “Child 1”). Child l’s biological father is J.D., who is the Mother’s former husband and currently lives in Florida (hereinafter “Father 1”). The Mother’s second child is G.F., who was born on October 27, 2004 (hereinafter “Child 2”). Child 2’s biological father is W.F., a resident of Kentucky with whom the Mother had a prior relationship but never married (hereinafter “Father 2”). Father 2’s parents (and Child 2’s grandparents) are W.F. and G.F. (hereinafter “the Grandparents”). The Grandparents are not related by blood to Child 1. At the outset of the proceedings below, the Mother had a boyfriend who shared her residence (hereinafter “the Boyfriend”), which was next door to the Grandparents’ residence.

On May 5, 2010, Andrea Scott, a social worker with the Cabinet for Health and Family Services (hereinafter “the Cabinet”) filed juvenile dependency, neglect, and abuse petitions with the Greenup Family Court alleging that both Child 1 (case no. 10-J-00107-001) and Child 2 (case no. 10-J-00108-001) were neglected. The basis for the petitions was an incident on April 30, 2010, when the Mother and the Boyfriend were arrested for being involved in a dispute. Both were intoxicated at the time, and both tested positive for THC and Oxycontin. The children were present and witnessed the incident.

The family court held a temporary removal hearing on May 10, 2010. All of the interested parties attended the hearing and were appointed counsel. The court also appointed a Guardian ad litem to represent the interests of the children. The family court found that the children were in need of temporary placement because thé Mother and the Boyfriend were on drugs, that reasonable efforts were made to prevent removal, that there were no less restrictive alternatives available, and that reasonable grounds existed for the court to believe it would be contrary to the children’s welfare if they were to be returned to the home. Accordingly, the family court placed both children in the temporary custody of the Grandparents and scheduled an adjudication hearing for May 24, 2010.

Prior to the adjudication hearing, Ms. Scott provided a written report updating the court on the case, the results of which were discussed in court. The report stated that charges against the Mother and the Boyfriend had been dropped and that the Mother’s blood test on May 14th was negative for any substances. Both Father 1 and Father 2 had requested that his respective child be placed with him. Florida social services had completed Father l’s home evaluation, but Father 2’s criminal history, including DUI charges, would not permit Ms. Scott to place Child 2 with him. At the adjudication hearing, the Mother admitted to the allegations in the petition, the court concluded that the children were neglected and ordered them to remain in the temporary custody of the Grandparents.

The family court then held a disposition hearing on June 14, 2010. Prior to the [139]*139hearing Ms. Scott filed a follow-up report detailing the results of the Mother’s blood and urine tests (noting that one urine test was positive for THC) as well as the case plan put into place for the Mother. The case plan included parenting classes and a substance abuse assessment through Pathways. Ms. Scott also reported that the Mother and the Boyfriend had ended their relationship. The family court placed Child 2 in the custody of Father 2, and placed Child 1 in the custody of the Grandparents, but permitted Father 1 to take Child 1 to Florida for four weeks of visitation. Finally, the court scheduled a permanent custody hearing.

Prior to this hearing, Cabinet workers filed two reports. Social worker Angela Rucker submitted a report on August 4th, stating that the Mother had continued to call in every morning as ordered and had not failed any drug screenings since June 2nd. She had obtained housing and employment, and she had completed parenting classes and substance abuse assessments and counseling. Social worker Chrystal Young filed a report on August 6th, also reporting that the Mother had made significant progress on her case plan and had been cooperative with the Cabinet.

At the beginning of the hearing on August 9, 2010, the parties engaged in some argument regarding whether the family court could actually hold a permanent custody hearing due to the lack of a motion to change custody or affidavits supporting such a change. The family court disagreed with the Mother’s assertion that it could not hold a permanent custody hearing and proceeded with the hearing.

The Cabinet called Ms. Young, a Cabinet supervisor for the ongoing team, to testify. She met with the Mother to go over the case plan on July 27th, the goal of the plan being to return the children to the Mother’s home. Ms. Young discussed the elements of the plan, including supervised visitation with the children, parenting classes, obtaining employment and housing, and substance abuse counseling. Ms. Young testified that the Mother was ahead of the game and had made much progress with her plan. She recommended that the children stay in their current placements and that the Mother be permitted unsupervised contact with both of them. Ms. Young did not have any contact with the fathers because her focus was on the mother. Ms. Young also related statements Child 1 had made about the Mother, such as her desire to live with her father due to her Mother’s bad choices related to fighting with her brother and waiting until the weekend to do laundry. Child 1 went on to relate good changes as well, reporting that the Mother was no longer drinking or lying. At the conclusion of her testimony, Ms. Young requested a four-week continuance to allow the Mother to make more progress on her plan.

The next witness the Cabinet called was another social worker, Ms. Scott. Ms. Scott investigated the original complaint, and she turned the case over to another worker in July. She related that she had contacted and investigated the two fathers and had visited Father 2’s home. She also related Father 2’s criminal history, testifying that his last DUI charge occurred in 2002. Ms. Scott testified about the Mother’s ease plan, and she specifically stated that the Mother was the only parent addressed in the plan, not the two fathers. She also discussed a substantiated allegation of abuse involving Father 1 in Ohio, but regarded him as the victim. She did not find any criminal history related to Father 1 in either Kentucky or Florida.

The Mother was the next witness to testify. She testified that both children had lived with her since birth and that [140]*140custody orders had been entered in 2005 for Child 1 and in 2006 for Child 2.

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

Related

S.B. v. Cabinet for Health and Family Services
Court of Appeals of Kentucky, 2026
Kevin Thomas Cantrell v. Leanna Marie Cantrell
Court of Appeals of Kentucky, 2025
S. F. v. Steven R. Crebessa
Court of Appeals of Kentucky, 2021
C.K. v. Cabinet for Health & Family Services
529 S.W.3d 786 (Court of Appeals of Kentucky, 2017)
Oakley v. Oakley
391 S.W.3d 377 (Court of Appeals of Kentucky, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
368 S.W.3d 136, 2012 WL 1886490, 2012 Ky. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nl-v-wf-kyctapp-2012.