Cabinet for Health & Family Services v. R.S.
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The Supreme Court reversed the decision of the Court of Appeals reversing the judgment of the trial court finding the two children in this case to be neglected children and the court’s order requiring in-home supervision by the children’s mother of all contact with them by their father, holding that the trial court did not abuse its discretion.
Father had a history of criminal convictions for sexually abusing his underage half-brother and a failure to comply with conditions of probation. After Father married and had two children, the trial court adopted the recommendation of the Cabinet for Health and Family Services that Father have supervised contact with his sons, with whom he and Mother shared a home. Finding that Father still placed the children at risk of harm, the trial court concluded that the parents had neglected their children by creating or allowing to be created a risk of injury or sexual abuse. The Court of Appeals reversed, holding that “a finding of neglect cannot be sustained solely on a child living with a biological parent who is a registered sex offender.” The Supreme Court reversed, holding that the trial court did not abuse its discretion finding that the parents neglected their two sons.
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