Cabinet for Health & Family Services v. C.B.

The Supreme Court reversed the judgment of the court of appeals reversing the decision of the circuit court finding C.B.’s daughter to be a neglected child pursuant to the Kentucky Unified Juvenile Code and reinstated the orders of the circuit court, holding that substantial evidence supported the lower court’s finding of neglect.

In reversing, the court of appeals found that the evidence supporting the circuit court’s orders was speculative and did not rise to the preponderance level and that the child could not be found to be neglected because C.B. had never exercised custodial control or supervision over the child. The Supreme Court reversed, holding (1) the General Assembly drafted Ky. Rev. Stat. 600.020(1)(a) with the intention that a parent does not have to be exercising control or supervision in order to be found to have neglected or abused a child; and (2) the lower court’s finding of neglect was supported by substantial evidence.