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J.S.H. v. Cabinet for Health and Family Services and Commonwealth6/17/2005
AFFIRMING
BEFORE: BARBER AND JOHNSON, JUDGES; AND HUDDLESTON, SENIOR JUDGE.
Appellant, JSH, appeals the Harlan Circuit Court's Judgment and Order terminating his parental rights to three minor children, who are all under the age of 10. We affirm the trial court's rulings.
Appellee, Cabinet for Health and Family Services (Cabinet), filed a motion for involuntary termination of parental rights on May 8, 2003. A hearing was held before the circuit court. J.S.H. admitted to oxycontin addiction, alcohol abuse and domestic violence. Both parents of the children had previously been jailed for fighting, and had been arrested while under the influence of drugs or alcohol. The children had been repeatedly removed from the home. One of the children is medically fragile and requires ongoing medical attention by her caregiver. The parents had failed to comply with case management plans, or to remain in contact with the Cabinet.
S.H. is the children's biological mother. Her parental rights had been terminated on December 1, 2003. J.S.H. was placed on a six month probationary period by the court. The terms of this probation included weekly attendance at AA and Comprehensive Care; that J.S.H. find a residence apart from his mother's house; that J.S.H. maintain regular visitation with the children; and that J.S.H. submit to random drug testing. He was also required to attend to his daughter's medical needs. Additionally, J.S.H. failed to provide the required regular child support for the children.
The record contains a handwritten request from the maternal grandmother asking that the children be placed with her. The court noted that the Cabinet stated that Tennessee had performed a home evaluation on the maternal grandmother and found that her home was not an appropriate placement for the children. In fact, the home evaluation on the maternal grandmother was never completed, as she failed to provide her new address and updated information to the Tennessee Cabinet. Tennessee did perform a home evaluation on the biological mother of the children, and found that placement with her would not be proper. The maternal grandmother failed to appear at the termination proceedings, and took no further action toward obtaining care or custody of the children.
A second hearing was held in March 2004, on the Cabinet's motion to terminate J.S.H's parental rights. At that time the court found that J.S.H. had failed to comply with the court's terms during the probationary period. He had obtained no residence; had failed to regularly attend the required counseling; had failed to take drug tests when asked, and had been arrested for DUI. J.S.H.'s parental rights were therefore terminated by the court.
We apply a clearly erroneous standard when reviewing a circuit court's determination in a termination of parental rights action. V.S. v. Commonwealth of Kentucky, Cabinet for Human Resources, 706 S.W.2d 420, 424 (Ky.App. 1986). The ruling of the circuit court will not be disturbed absent a showing that the trial court's ruling was clearly erroneous. N.S. v. C & M.S., 642 S.W.2d 589 (Ky., 1982). A decision in a termination case is not clearly erroneous where there is substantial evidence in the record to support the trial court's findings of fact. R.C.R. v. Commonwealth, Cabinet for Human Resources, 988 S.W.2d 36, 38 (Ky.App. 1998). We find that the record contains substantial evidence supporting the trial court's ruling.
J.S.H. asserts that the court failed to make legally required findings that the children at issue were abused or neglected, and that termination of his parental rights was in the best interest of the children. J.S.H. al
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