Q: Can a judge ignore completion of case plan and low risk assessment findings and terminate parental rights regardless?
I am involved in a case with the Kentucky cabinet. There was a finding of risk of neglect due to a DVO case between myself and the child's mother, my girlfriend. We have since resolved our issues, and have had no issues at all since the start of this case. I have complied with the case plan and have good reports from counselors and the case worker that supervises visits. My girlfriend's attorney and the Guardian ad Litem are telling her that she won't get our son back, and that the cabinet will take our unborn child when he is born if she doesn't leave me. Can they do this? It feels like they're just ignoring all progress made in the case plan.
A: Yes. They can do that although they are really not supposed to. You should hire a lawyer and file suit for custody of the child.
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A:
A judge has significant discretion in child welfare cases but must base decisions on the child’s best interests. While completion of a case plan and low-risk assessments are important, they don’t guarantee a specific outcome. If there are ongoing concerns about safety or well-being, even if progress has been made, the court may still consider termination of parental rights if it believes it’s necessary to protect the child.
The Guardian ad Litem and the Cabinet can recommend actions they believe are in the child’s best interest, but their recommendations are not final. It’s concerning if it feels like your progress is being dismissed. You may need to ensure that your attorney presents strong evidence of your compliance, your resolved issues, and your ability to provide a safe and stable home during court proceedings.
It’s vital to advocate for yourself in court and work closely with your attorney to challenge any recommendations you believe are unfair. The court should take all progress and assessments into account, and it’s important to ensure your voice and evidence are heard. If you feel unsupported, consider requesting an independent evaluation or gathering additional documentation to support your case.
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