Trial court terminated Father’s parental rights pursuant to KRS 625.090(2). As grounds for termination, the trial court relied upon Father’s criminal history, alcohol abuse, and a ten month period of incarnation. While incarcerated, Father attended substance abuse classes and parenting classes. Once released, Father continued to attend substance abuse classes, provided weekly negative drug screens, obtained new housing, and obtained full-time employment.
The Court of Appeals found that the Cabinet failed to provide clear and convincing evidence that “there is no reasonable expectation” of improvement as required by KRS 342.090(2). The Judgment of the trial court was vacated.
Digested by: Emily T. Cecconi