Parent not excercising custodial control my be found to have neglect or abused child - Ky Supreme Court

Cabinet for Health and Family Services, Commonwealth of Kentucky on Behalf of the Minor Child C.R. v. C.B.

Trial court found child born with drugs in her system to be neglected by Father who had a history of drug addiction, was not compliant with his case plan with the Cabinet, and had a previous involuntary termination of parental rights case involving other children.

The Court of Appeals found the Child could not be found to be neglected because the Father had never exercised “custodial control or supervision” over the child, as the child had previously been placed in the care of her maternal grandmother. Writing for the Supreme Court, Justice Keller held that a parent does not have to be exercising “custodial control or supervision” to be found to have neglected or abused a child.

Digested by Emily T. Cecconi