Opinion
NO. 2017-CA-000680-ME
02-02-2018
S.R., NATURAL FATHER APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; S.R. (MINOR CHILD); K.Y.J. (NATURAL MOTHER); AND J.J. (STEPFATHER) APPELLEES
BRIEF FOR APPELLANT: W. Kelly Caudill Maysville, Kentucky BRIEF FOR APPELLEE, CABINET FOR HEALTH AND FAMILY SERVICES: Mary Hall Sergent Ashland, Kentucky
NOT TO BE PUBLISHED APPEAL FROM MASON CIRCUIT COURT
HONORABLE STOCKTON B. WOOD, JUDGE
ACTION NO. 15-AD-00025 OPINION
AFFIRMING
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BEFORE: KRAMER, CHIEF JUDGE; COMBS AND JONES, JUDGES. KRAMER, CHIEF JUDGE: S.R. (Father) appeals from the Mason Circuit Court's Findings of Fact, Conclusion of Law, and Judgment Terminating Parental Rights in this case involving his minor child. In accordance with A.C. v. Cabinet for Health and Family Servs., 362 S.W.3d 361 (Ky. App. 2012), counsel for Father filed an Anders brief stating that there are no non-frivolous issues on which to base an appeal, and this was accompanied by a motion to withdraw as counsel. After a careful review of the record, we affirm. We grant counsel's motion to withdraw by separate order.
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
The minor child at issue in this appeal was born 2011. The child was committed to the Cabinet for Health and Family Services by order of the Mason District Court on October 1, 2014. The child is currently in a state-approved home. The Mason District Court determined the permanency plan for the child would be adoption. The child was removed from the care of K.Y.J. (Mother) due to physical abuse, to which she admitted.
Father was incarcerated shortly before the child's removal from Mother. Father took no action to contact the circuit court or the Cabinet to inquire about the welfare of his child. Father did not provide any necessities or maintain any contact with the child while in prison, except for one letter after the initial hearing. Father was convicted, in Ohio, of four counts of rape and one count of gross imposition, committed against the half-sister to child. He is currently serving four life sentences for rape of a child under the age of 10.
Hamilton County (Ohio) Court of Common Pleas, Case No. B1306452.
The Supreme Court of Ohio denied discretionary review of Father's appeal, Case No. 2016-1371.
Following a final hearing and a supplemental hearing, in March 2017 both Mother's and Father's parental rights were terminated.
Father timely filed an appeal. Mother did not appeal.
J.J. (Stepfather) has been included in the proceedings, but has not taken part in this appeal.
On appeal, counsel for father filed an Anders brief. When appointed counsel files an Anders brief, the Court of Appeals is bound to "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. In Kentucky, parental rights "can be involuntarily terminated only if there is clear and convincing evidence that . . . 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) (citing KRS 625.090; Santosky v. Kramer, 455 U.S. 745, 769-70, 102 S. Ct. 1388, 1403, 71 L. Ed. 2d 599 (1982); N.S. v. C & M.S., 642 S.W.2d 589, 591 (Ky. 1982)). KRS 625.090(1) also requires that a child be adjudged neglected or abused and that at least one of the conditions set out in KRS 625.090(2) be established by clear and convincing evidence to terminate parental rights.
In A.C. v. Cabinet for Health & Family Servs., 362 S.W.3d 361(Ky. App. 2012), this Court extended Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967), to termination of parental rights. This brief allows an attorney to make a request to the court to withdraw from the case once they have reached the conclusion that the appeal is frivolous.
Kentucky Revised Statute. --------
In this case, we conducted a thorough and independent review of the record and conclude that more than sufficient evidence supports the circuit court's order terminating Father's parental rights as to the child. The circuit court rendered detailed findings of fact which we adopt herein by reference. The court complied with all relevant statutory mandates for involuntarily terminating Father's parental rights. There is no legal basis or reason to set aside the circuit court's judgment terminating Father's parental rights. We agree with counsel that no valid basis exists to warrant relief from the judgment. See A.C., 362 S.W.3d at 361. Accordingly, the circuit court did not err by terminating Father's parental rights to the minor child at issue.
For the foregoing reasons, the order terminating parental rights and judgment thereon by Mason Circuit Court is affirmed.
ALL CONCUR. BRIEF FOR APPELLANT: W. Kelly Caudill
Maysville, Kentucky BRIEF FOR APPELLEE, CABINET
FOR HEALTH AND FAMILY
SERVICES: Mary Hall Sergent
Ashland, Kentucky