Waters v. Cabinet for Human Resources

Summary

The Kentucky Court of Appeals reversed and remanded an order relieving the Cabinet for Human Resources of responsibility for returning two children to New York and facilitating reunification with their father. The court held that the Cabinet had not made a good-faith effort under the original judgment and clarified the applicability of the Interstate Compact on Placement of Children, including continuing financial responsibility by the sending state. On remand, the trial court was directed to determine New York’s custody status, the compact’s applicability, financial responsibility, and the children’s placement if they could not be returned to New York.

Holdings

1. The trial court abused its discretion by relieving the Cabinet of its responsibilities solely because New York would not accept jurisdiction and all financial responsibility. The Cabinet was required to make a good-faith effort to implement the reunification plan ordered by the original judgment.
2. The original circuit court's reference to an interstate compact was reasonably understood as referring to the Interstate Compact on Placement of Children, not the Interstate Compact on Juveniles.
3. The order relieving the Cabinet of responsibility had to be reversed and the matter remanded for a complete hearing and additional findings on the children's custody, the applicability and operation of the Interstate Compact on Placement of Children, financial responsibility, and the children's status if they could not be returned to New York.

Questions Presented

1. Whether the successor trial court clearly abused its discretion by relieving the Cabinet of its obligation to make a good-faith effort to reunite the children with their father.
2. Whether the original judgment referred to the Interstate Compact on Placement of Children rather than the Interstate Compact on Juveniles.
3. Whether the Interstate Compact on Placement of Children permits placement in New York while Kentucky retains financial responsibility and jurisdiction over the placement.
4. What factual and jurisdictional issues had to be resolved on remand concerning New York's original custody order, interstate placement, financial responsibility, and the children's status if they could not be returned to New York.

Disposition

reversed_and_remanded