Opinion
NO. 2019-CA-000959-ME NO. 2019-CA-000960-ME
01-24-2020
S.C. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; M.L.H.; and J.L.C., A CHILD APPELLEES AND S.C. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; M.L.H.; and K.E.C., A CHILD APPELLEES
BRIEF FOR APPELLANT: John M. Hendricks Winchester, Kentucky BRIEF FOR APPELLEE CABINET FOR HEALTH AND FAMILY SERVICES: Dilissa G. Milburn Mayfield, Kentucky
NOT TO BE PUBLISHED APPEAL FROM MADISON FAMILY COURT
HONORABLE NORA J. SHEPHERD, JUDGE
ACTION NO. 18-AD-00092 APPEAL FROM MADISON FAMILY COURT
HONORABLE NORA J. SHEPHERD, JUDGE
ACTION NO. 18-AD-00093 OPINION
AFFIRMING
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BEFORE: JONES, LAMBERT, AND L. THOMPSON, JUDGES. LAMBERT, JUDGE: S.C. (Father) appeals the May 29, 2019 orders of judgment from the Madison Circuit Court, Family Court Division (family court), terminating his parental rights to the minor children J.L.C., born July 13, 2010, and K.E.C., born February 17, 2013 (hereinafter "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 by separate order.
The family court also terminated the parental rights of M.L.H., the children's natural mother. She has not attempted to appeal the family 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 April 2017, after receiving a referral concerning the family. The conditions the Cabinet discovered in the home led to concerns about environmental neglect. As a result, the Cabinet moved for and received emergency custody of the children in May 2017. The children have remained in the Cabinet's custody since that time.
In August 2017, the children returned to the home for a trial visit because the parents were making progress on their case plans. During the trial visit the parents were involved in domestic violence, and the mother fled to Alabama where she has remained. During the Cabinet's investigation into the domestic violence incident environmental neglect concerns arose, and the Cabinet discovered the children had missed several days of school. The Cabinet again petitioned for and received emergency custody of the children.
In September 2018, the Cabinet filed petitions for the involuntary termination of parental rights for the children. By the time the hearing took place in May 2019, the Father had not complied with his new case plan, did not have stable housing, and had tested positive for cocaine. Moreover, photographic evidence of cocaine use was introduced at the hearing and the family court did not find credible Father's testimony that he was a police informant. On May 29, 2019, the family court entered orders terminating Father's parental rights. These appeals followed.
When an Anders brief is filed, we must "independently review the record and ascertain whether the appeal is, in fact, void of nonfrivolous grounds for reversal." A.C., 362 S.W.3d at 372. Kentucky allows parental rights to be involuntarily terminated when there is clear and convincing evidence it would be in the best interest of the child to do so. Cabinet for Health & Family Servs. v. A.G.G., 190 S.W.3d 338, 342 (Ky. 2006). Additionally, it must be determined the child is neglected or abused, Kentucky Revised Statute (KRS) 625.090(1), and at least one of the conditions set forth in KRS 625.090(2) be established through clear and convincing evidence. KRS 625.090(1).
We have conducted an independent review of the record and conclude there is sufficient evidence contained therein to support the family court's order. The family court rendered findings of fact which we adopt herein by reference. More specifically, the family court stated, in identical orders for the children,
2. Termination of parental rights is in the best interest of the child.
3. For a period of at least six months, Respondent parents have failed or refused to provide, or been incapable or providing, parental care and protection for the minor child and there is no reasonable expectation of parental improvement within a reasonable time given the age of the child.
4. For reasons other than poverty alone, Respondent parents have failed to provide the essentials of life necessary for the child's well-being and there is no reasonable expectation of improvement in parental
conduct within a reasonable time given the age of the child.The family court has complied with all relevant statutory mandates, and Father was given an evidentiary hearing wherein he testified on his own behalf. We can find no basis for setting aside the family court's orders and agree with counsel there is no valid basis warranting relief from judgment.
5. Respondent mother has abandoned the minor child.
6. The minor child has been in out-of-home care, under the custody of the Cabinet, for fifteen (15) of the twenty-two (22) months preceding the filing of the Petition in this cause.
For the foregoing reasons, we affirm the family court's orders terminating Father's parental rights.
ALL CONCUR. BRIEF FOR APPELLANT: John M. Hendricks
Winchester, Kentucky BRIEF FOR APPELLEE CABINET
FOR HEALTH AND FAMILY
SERVICES: Dilissa G. Milburn
Mayfield, Kentucky