Background
A.N.K. is the mother of J.G.M., born in 2023, and E.M.M., born in 2024. The Cabinet for Health and Family Services filed a dependency, neglect, and abuse petition concerning J.G.M. after receiving reports of food neglect, weight loss, and missed developmental milestones. J.G.M. was removed in March 2024. E.M.M. was removed shortly after birth in November 2024 because of a risk of abuse or neglect. Both children remained in the Cabinet’s custody, and Mother later stipulated to abuse or neglect in the underlying juvenile proceedings.
The Cabinet petitioned to terminate Mother’s parental rights, alleging that she had failed or was substantially incapable of providing essential parental care and basic necessities and that significant improvement was not reasonably expected. After a January 2026 hearing, the Spencer Family Court terminated her rights to both children. Mother’s appointed appellate counsel filed an Anders brief and moved to withdraw, asserting that no nonfrivolous grounds for reversal existed. Mother did not file a supplemental brief.
The Court’s Holding
The Kentucky Court of Appeals independently reviewed the record and affirmed both termination judgments. It held that the statutory three-part test was satisfied by clear and convincing evidence. The children had been adjudged abused or neglected, and Mother had stipulated to abuse or neglect. The family court also properly considered each statutory best-interest factor, and its determination that termination served the children’s best interests was not an abuse of discretion.
The Court further held that substantial evidence supported termination under KRS 625.090(2)(e). The parental-capacity evaluation showed that Mother struggled to meet her own basic needs, lacked stability and psychological insight, minimized her emotional and substance-abuse issues, and had made little progress despite services. The evaluator concluded that Mother lacked the capacity to parent safely and that returning the children would expose them to a significant risk of maltreatment. Because proof of one statutory termination ground was sufficient, the Court did not address the separate ground under KRS 625.090(2)(g). It also granted counsel’s motion to withdraw by separate order.
Key Takeaways
- An Anders filing in a parental-rights appeal requires the appellate court to independently review the record for substantial, nonfrivolous grounds for reversal.
- Mother’s stipulation to abuse or neglect satisfied the first part of Kentucky’s three-part termination test.
- Evidence of limited progress, impaired functioning, and an inability to provide safe parental care supported termination under KRS 625.090(2)(e).
Why It Matters
The unpublished opinion illustrates the evidence Kentucky courts may find sufficient to terminate parental rights when a parent remains unable to provide safe and essential care despite receiving services. It also confirms that an appellate court need not examine every alleged statutory ground once clear and convincing evidence establishes one ground and the remaining termination requirements are met.