CAB. FOR HEALTH AND FAMILY SERVICES V. C.V.
FAMILY LAW: Termination of parental rights (statutory requirements and burden of clear and convincing evidence)
DATE: RENDERED 4/7/2006: ORDERED PUBLISHED: 5/19/2006 CA agreed with CFC that Cabinet was not required to amend its permanency goal in the district court from reasonable efforts/reunification to termination/adoption prior to the filing of a petition to terminate the parents’ rights, because per KRS 625.090(3)(c), the court can make its own concurrent finding as to reasonable efforts. However, in the case below, the circuit court failed to make any finding or conclusion that supported termination of parental rights. Thus, due to this technical error, the parents of C.V. could not have their rights terminated, despite evidence in the record that both parents had engaged in drug-related lifestyles. CA’s opinion stated: “The parents have one more chance. Let us hope that they take the chance, for the child’s sake.”
by Michelle Eisenmeger Mapes