B.R. v. M.W.

── B.R. v. M.W. ── Court: Court of Appeals of Kentucky Date: May 15, 2026 Author: Acree Category: General RENDERED: MAY 15, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2024-CA-1536-ME B.R. APPELLANT APPEAL FROM GRAYSON CIRCUIT COURT v. HONORABLE BRUCE T. BUTLER, JUDGE ACTION NO. 23-AD-00046 N.N.; R.N., JR.; M.W.; AND K.R., A MINOR CHILD APPELLEES AND NO. 2024-CA-1537-ME B.R. APPELLANT APPEAL FROM GRAYSON CIRCUIT COURT v. HONORABLE BRUCE T. BUTLER, JUDGE ACTION NO. 23-AD-00047 N.N.; R.N., JR.; M.W.; AND A.W., A MINOR CHILD APPELLEES  OPINION AFFIRMING ** ** ** ** ** BEFORE: THOMPSON, CHIEF JUDGE; ACREE AND MCNEILL, JUDGES. ACREE, JUDGE: These appeals are from judgments terminating parental rights and granting adoption petitions without the consent of the parents. We affirm. BACKGROUND B.R. (Mother) and M.W. (Father) are the parents of two daughters, the first born in October 2017 (A.W., Child 1) and the second in November 2018 (K.R., Child 2). N.N. is Mother’s mother/the children’s maternal grandmother (Grandmother), and R.N., Jr. is Grandmother’s husband and the Mother’s stepfather/the children’s maternal step-grandfather (collectively, Grandparents). The Cabinet for Health and Family Services became involved with Child 1 and it filed a Juvenile Dependency/Neglect or Abuse (DNA) Petition in Grayson District Court in November 2017 (Case No. 17-J-00243-001) shortly after her birth. In the affidavit, the Cabinet social worker cited an altercation in the hospital and that Mother was not protective of Child 1. The district court granted emergency custody to the Cabinet the same day, finding Child 1 was in immediate danger due to the parents’ failure or refusal to provide for her safety and needs. In January 2018, the district court found Child 1 was an abused child while in the parents’ care and placed her in the temporary custody of Grandmother. In the -2- same order, the court suspended the parents’ visitation with Child 1 until they appeared before the court. The Cabinet filed a second DNA petition upon Child 2’s birth in November 2018 (Case No. 18-J-00225-001). In the affidavit, the Cabinet social worker stated that, at the time of the birth, Mother tested positive for methamphetamine. She had not worked her case plan to regain custody of her first two children (Child 1 and Mother’s older daughter), and Father also had not worked his case plan to regain custody of Child 1. The district court granted emergency custody to the Cabinet the same day and in December 2018, it found Child 2 was an abused or neglected child while in the parents’ care and placed her in the temporary custody of Grandparents. Pursuant to the December 2018 order, the parents were to have no contact with Child 2 until they presented to court. In February 2020, the Cabinet social worker filed an affidavit seeking a review of both cases for closure. At that time, Mother was incarcerated in the Grayson County Detention Center, and the children had been placed with Grandmother, who was able to meet their needs and keep them safe. Following a review that month, the district court ordered that the children remain in the temporary custody of Grandmother and were not to have any contact with the parents. The court permitted the Cabinet to close its cases. -3-  Three years later, in April 2023, an assistant Grayson Cou