Opinion
NO. 2018-CA-001542-ME NO. 2018-CA-001543-ME NO. 2018-CA-001544-ME
05-22-2020
A.P.H. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND G.W.H., A MINOR CHILD APPELLEES AND A.P.H. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND P.D.H., A MINOR CHILD APPELLEES AND A.P.H. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND K.D.H., A MINOR CHILD APPELLEES
BRIEF FOR APPELLANT: John Preston Thompson Grayson, Kentucky BRIEF FOR APPELLEE CABINET FOR HEALTH AND FAMILY SERVICES: Leslie M. Laupp Covington, Kentucky
NOT TO BE PUBLISHED APPEAL FROM ROWAN CIRCUIT COURT
HONORABLE BETH LEWIS MAZE, JUDGE
ACTION NO. 18-AD-00004 APPEAL FROM ROWAN CIRCUIT COURT
HONORABLE BETH LEWIS MAZE, JUDGE
ACTION NO. 18-AD-00005 APPEAL FROM ROWAN CIRCUIT COURT
HONORABLE BETH LEWIS MAZE, JUDGE
ACTION NO. 18-AD-00006 OPINION AND ORDER
AFFIRMING
Parties should take note that this decision is designated an "opinion and order" and, therefore, falls under Kentucky Rules of Civil Procedure (CR) 76.38. Petitions for rehearing are not authorized under CR 76.32(1)(a).
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BEFORE: DIXON, GOODWINE, AND TAYLOR, JUDGES. DIXON, JUDGE: A.P.H. (Father) appeals the August 20, 2018, orders of judgment from the Rowan Circuit Court, terminating his parental rights to the minor children: G.W.H., born May 30, 2012; P.D.H., born October 30, 2013; and K.D.H., born June 13, 2015 (collectively, the children). In accordance with A.C. v. Cabinet for Health and Family Services, 362 S.W.3d 361 (Ky. App. 2012), counsel for Father filed an Anders brief conceding there were no meritorious issues for appeal. Said brief was accompanied by counsel's motion to withdraw. After review of the record, we affirm and grant counsel's motion to withdraw.
The circuit court also terminated the parental rights of the children's natural mother. She did not appeal the court's decision.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
The Cabinet for Health and Family Services (the Cabinet) became involved in this case in November 2016, after being contacted by law enforcement regarding a domestic violence incident between Father and Mother. According to the record, Father was under the influence of drugs or alcohol and began arguing with Mother when the fight became physical. Mother's victim statement indicated Father "choked [her] out" several times. The responding officer reported and testified there were purple knots on Mother's head, and that she was bleeding from her ears and the corners of her eyes. Her injuries were so severe she needed to be hospitalized. Unfortunately, the children were also present during this altercation.
Father was subsequently arrested and pled guilty to fourth-degree assault and three counts of second-degree wanton endangerment. The children were removed to the custody of the Cabinet, and in December 2016, the Carter Family Court determined the children were neglected. At that time, Father was ordered to have no contact with the children. He also signed a case plan, which he did not complete.
At the time of the domestic violence incident, the family lived in Carter County. Upon Father's release from custody, the family moved to Rowan County where the present actions were filed. --------
Mother regained custody of the children in January 2017; however, the no-contact order remained in place between Father and the children. Despite this, Father returned to the home and was living with Mother and the children in violation of the no-contact order. As a result, the Cabinet again filed a petition for custody of the children in February 2017. This time, the Rowan Circuit Court determined the children had been neglected, and again, Father was ordered to have no contact with the children.
The family's caseworker testified a new case plan was developed to assist Father in reunifying with his children and lifting the no-contact order. Father did not complete any of the tasks listed in the new case plan and failed to remain in contact with the Cabinet. Furthermore, Father continued to accrue criminal charges. Father did acknowledge that he was incarcerated for some time, but that he did not attempt to complete his case plan when he was not incarcerated. As a result, Father has had no contact with the children since January 2017. Subsequently, the Cabinet filed a petition for involuntary termination of parental rights in March 2018.
At the termination hearing, Father was present, represented by counsel, and permitted to testify. He offered no testimony regarding his failure to follow the Cabinet's case plan, other than the fact he was incarcerated, and provided no testimony regarding stable housing or income. Moreover, the court expressed concern over the domestic violence incident between Father and Mother, as well as Father's failure to seek help. Based on this, the court made findings of fact and conclusions of law and entered an order terminating the parents' rights to the children. These appeals followed.
In A.C., a panel of this Court concluded that appointed counsel may file an Anders brief and motion to withdraw in a termination of parental rights case after "counsel has conducted a thorough, good-faith review of the record and can ascertain absolutely no meritorious issue to raise on appeal." A.C., 362 S.W.3d at 371 (citation omitted). Pursuant to the procedures set forth in A.C., Father was granted thirty days to file a pro se brief, and counsel's motion to withdraw was deferred to this panel. Id. In light of counsel's assertion that the appeals are frivolous, we must conduct our own review of the record to determine whether the appeals are, in fact, without merit. Id.
We have reviewed the record and conclude that substantial evidence supports the court's determination. The court rendered specific findings that the statutory requirements for termination were met and that it was in the children's best interest for Father's parental rights to be terminated. We also agree with counsel's assertion that these appeals are frivolous.
For the reasons stated herein, counsel's motion to withdraw is GRANTED, and the judgments of the Rowan Circuit Court are AFFIRMED.
ALL CONCUR. ENTERED: May 22, 2020
/s/ Donna Dixon
JUDGE, COURT OF APPEALS BRIEF FOR APPELLANT: John Preston Thompson
Grayson, Kentucky BRIEF FOR APPELLEE CABINET
FOR HEALTH AND FAMILY
SERVICES: Leslie M. Laupp
Covington, Kentucky