Opinion
NO. 2013-CA-001175-ME NO. 2013-CA-001176-ME
08-01-2014
A.N.C. APPELLANT v. COMMONWEALTH OF KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; AND K.K.S.C., A CHILD APPELLEES AND J.C.C. APPELLANT v. COMMONWEALTH OF KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; A.N.C.; AND K.K.S.C., A CHILD APPELLEES
BRIEF FOR APPELLANT A.N.C.: Stephanie Kelley Shepherdsville, Kentucky BRIEF FOR APPELLANT J.C.C.: David W. Carby Shepherdsville, Kentucky NO BRIEF FOR APPELLEE.
NOT TO BE PUBLISHED APPEAL FROM BULLITT CIRCUIT COURT
HONORABLE ELISE GIVHAN SPAINHOUR, JUDGE
ACTION NO. 13-AD-00011
OPINION AND ORDER
AFFIRMING
AND GRANTING MOTIONS TO WITHDRAW
BEFORE: MAZE, MOORE, AND VANMETER, JUDGES. MAZE, JUDGE: A.N.C. (Mother) and J.C.C. (Father) are the natural parents of K.K.S.C. (Child), who was born in January of 2011. The Cabinet for Health and Family Services (the Cabinet) became involved with the family in May of that year. On September 30, 2011, the Cabinet filed a petition alleging neglect of the Child arising from the parents' use of drugs and failure to address the Child's medical needs. The court entered a temporary removal order on October 5, 2011, placing the Child in the custody of the Cabinet. The Child has been in foster care since that time. On January 18, 2012, the parents entered stipulations to the neglect and the court found that the Child was neglected.
The Cabinet developed Case Treatment Plans which required the parents to remain clean and sober; to submit to random drug screens; to have chemical dependency assessments and treatment; to complete parenting classes as necessary; to maintain stable housing and employment; to attend the Child's doctor's appointments; and to visit with the Child. Neither parent completed the Case Treatment Plan. Although both parents completed chemical dependency assessments and treatment, they still continued to test positive for drugs. They have missed 34 drug screens between June of 2012 and the date of trial. In addition, the parents have not maintained stable or appropriate housing. The parents have transportation problems because they do not have driver's licenses or a vehicle. For this reason, they missed a majority of the Child's medical appointments. However, they have generally maintained stable employment and they regularly attended supervised visitations.
In February of 2013, the Cabinet changed its goal from reunification to adoption. Shortly thereafter, the Cabinet filed petitions seeking involuntary termination of their parental rights. The trial court appointed counsel for the parents and a guardian ad litem for the Child. This action was tried without a jury on May 24, 2013. Thereafter, on June 7, the trial court entered findings of fact and conclusions of law supporting termination of their parental rights. On the same day, the court entered separate orders terminating Mother and Father's parental rights.
Mother and Father each filed an appeal from the trial court's order terminating their parental rights. This Court directed that their appeals be heard together. The trial court granted each of them leave to proceed in forma pauperis and appointed each of them counsel for the appeal. However, both appointed counsel have filed briefs stating that they were unable to find any ground of error by the trial court which would entitle Mother or Father to relief. Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). In accordance with the procedures set forth in A.C. v. Cabinet for Health & Family Services, 362 S.W.3d 361 (Ky. App. 2012), this Court shall grant the motion by appointed counsel to withdraw and these appeals shall proceed pro se.
On review of an order terminating parental rights, we ask whether the trial court's findings were clearly erroneous. Cabinet for Families & Children v. G.C.W., 139 S.W.3d 172, 178 (Ky. App. 2004). The trial court's factual findings will not be disturbed unless there exists no substantial evidence in the record to support them. V.S. v. Commonwealth, Cabinet for Human Res., 706 S.W.2d 420, 424 (Ky. App. 1986). Kentucky Revised Statutes (KRS) 625.090 provides for the involuntary termination of parental rights upon the court's finding that clear and convincing evidence establishes that "a child is or has previously been adjudged, abused or neglected, and that termination is in the child's best interest. Then, the circuit court must find the existence of one or more of ten specific grounds set forth in KRS 625.090(2)." M.E.C. v. Commonwealth, Cabinet for Health & Family Servs., 254 S.W.3d 846, 851 (Ky. App. 2008).
There is no question that the Child has been previously adjudicated to be neglected. Turning to the grounds under KRS 625.090(2), the trial court found that the parents: have continuously or repeatedly failed to provide essential food, clothing or medical care for the child and there is no reasonable expectation of improvement; and have made insufficient efforts or adjustments in their circumstances to make it in the Child's best interests to return to the parents' home within a reasonable period of time. The court also found that the Child has been in the Cabinet's custody for more than 15 of the 22 months preceding the filing of the petition, and that the Cabinet has rendered or attempted to render all available services that might be expected to bring about a reunion of the family. The trial court noted that the Child thrived in foster care and the foster mother is available to adopt her. The guardian ad litem also recommends that termination of parental rights would be in the Child's best interests. Under the circumstances, the trial court's factual findings are sufficient as required by KRS 625.090(2) and are amply supported by clear and convincing evidence. Based on these findings, the trial court did not clearly err in finding that termination of Mother and Father's parental rights would be in the best interest of the Child.
Accordingly, the orders of the Bullitt Circuit Court are affirmed.
IT IS FURTHER ORDERED that the motions by appointed counsel to withdraw are granted.
ALL CONCUR. ENTERED: August 1, 2014
/s/ Irv Maze
JUDGE, COURT OF APPEALS
BRIEF FOR APPELLANT
A.N.C.:
Stephanie Kelley
Shepherdsville, Kentucky
BRIEF FOR APPELLANT
J.C.C.:
David W. Carby
Shepherdsville, Kentucky
NO BRIEF FOR APPELLEE.