K.S. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES
Trial court terminated the parental rights of young, autistic mother who was compliant with all Cabinet recommendations. Mother appealed arguing the trial court erred because the Cabinet had not demonstrated the statutory grounds for termination by clear and convincing evidence. The Court of Appeals agreed holding that the “‘risk of neglect’ is not the same as neglect but rather indicates a child is dependent” concluding that “the trial court did not meet the first requirement for a termination of parental rights – establishment of neglect.”
Digested by Elizabeth M. Howell
