D.R.B. v. D.C.B.
CourtCourt of Appeals of Kentucky
Date FiledNovember 6, 2026
Docket2026-CA-0292
JudgeCombs
StatusUnpublished
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Full Opinion
RENDERED: NOVEMBER 6, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2026-CA-0292-ME
D.R.B. APPELLANT
APPEAL FROM ROCKCASTLE CIRCUIT COURT
v. HONORABLE JANE ADAMS VENTERS, JUDGE
ACTION NO. 24-AD-00039
D.C.B.; J.L.R.; J.L.R., A MINOR
CHILD; AND M.M.B. APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE: COMBS, A. JONES, AND MOYNAHAN, JUDGES.
COMBS, JUDGE: Appellant, D.R.B. (Mother), appeals from a Judgment of
Adoption of Rockcastle Circuit Court, Family Division, that terminated her
parental rights to her minor child, J.L.R. (the child). Appellees, D.C.B. and
M.M.B., are the child’s maternal grandparents (Grandparents) to whom adoption
of the child was granted. After our review, we affirm.
A.K.H. v. J.D.C., 619 S.W.3d 425, 431 (Ky. App. 2021) (footnote
omitted), sets forth the following criteria for an adoption without consent:
[A]n adoption without consent involves four distinct
considerations: (1) did the petitioner comply with the
jurisdictional requirements for adoption; (2) have any of
the conditions outlined in KRS[1] 199.502(1) been
established; (3) is the petitioner of good moral character,
of reputable standing in the community and of ability to
properly maintain and educate the child as required by
the first portion of KRS 199.520(1); and (4) finally, will
the best interest of the child be promoted by the adoption,
and is the child suitable for adoption as required by the
final portion of KRS 199.520(1).
In the case before us, Mother challenges the sufficiency of the
evidence to support the family court’s conclusions that conditions necessary for
adoption without consent exist under KRS 199.502(1) and that adoption is in the
child’s best interest.
The child was born on May 28, 2020. In 2023, Grandparents were
awarded custody in a juvenile proceeding, and the child has lived with them since
that time.
On October 7, 2024, Grandparents filed the subject petition for
adoption. On January 22, 2026, the family court conducted a hearing on the
petition at which Grandparents and Mother all testified.
1
Kentucky Revised Statutes.
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Grandparents’ concerns began when Mother was in her teens. She
was expelled from middle school for taking drugs to school. At the age of 17,
Mother ran off to Texas with an abusive boyfriend and got married. After they
divorced, Mother stayed in Texas and remarried.
In approximately 2018 or 2019, Mother returned to Kentucky and
became involved with (Father), the man who fathered the child at issue here.
Grandmother testified that neither parent ever had stability in housing or
employment from the time the child was born in May 2020 until he came to live
with Grandparents in 2023.
In 2022, Mother was charged with and pled guilty to endangering the
welfare of a minor after the child, then age two, was left without supervision.
In December 2022, Grandparents gave Mother $1,000.00 to find
housing. By March 2023, Mother had been evicted. She and the child went to stay
with Grandparents in Florida where they were spending the winter. During that
time, Father apparently moved on. He is not involved in this appeal.
In April 2023, Mother and the child returned with Grandparents from
Florida to their home in Kentucky. In May 2023, Grandmother called law
enforcement after a violent incident in Grandparents’ home when the child was
present. Mother became very agitated and physically assaulted Grandfather. She
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was arrested and was charged with assault -- although Grandfather later requested
dismissal of the charges.
Around that time, Mother went to Georgetown, Kentucky, to live with
a man named Hall, whom she had met online. Grandparents kept the child during
the week, and Mother and Hall would come to pick up the child on weekends.
Grandmother described the relationship as volatile. Mother ended up in the
hospital after Hall beat her severely. Fortunately, the child was not present at that
time. Hall was criminally charged and convicted.
In July 2023, Grandparents were awarded temporary custody of the
child after they filed a Dependency, Neglect, and Abuse (DNA) petition in
Rockcastle Family Court (No. 23-J-00054-001).2 Mother stipulated to dependency
in that proceeding. Since that time, the child has resided continuously with
Grandparents. In January 2024, Grandparents were awarded permanent custody.
As noted, Grandparents filed the adoption petition in October 2024.
On approximately June 30, 2025, Mother made some threatening
Facebook posts as detailed in the family court’s findings below. In September
2025, she exhibited erratic behavior that was captured on a Ring camera outside
Grandparents’ house. As a result of that incident, a Domestic Violence Order
2
The family court took judicial notice of this case.
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(DVO) was entered against Mother in November 2025 -- effective for three years.
Since that time, Grandparents have had no direct contact with Mother.
Grandfather testified that he did not recall a time when Mother was
able to care properly for the child. He does not believe that Mother could provide
safe care for the child. Mother never offered or provided any financial support for
the child.
Mother testified that she quit drinking on January 1, 2024. When
asked about the June 30, 2025, Facebook posts, Mother explained that she had a
relapse, was upset, overreacted, and regrets what she did. She claimed that she
was probably drunk and did not even remember half of those posts. With respect
to the September 2025 incident on the Ring camera, Mother did not have an
explanation -- other than that she was hoping to see her son and could not. She
said that she regrets it and would not repeat it.
Mother has taken a parenting class which included a session on
domestic violence. She obtained her Commercial Drivers’ License (CDL), and
began working for Lexington Transit Authority (Lextran) in September 2025. She
has health insurance coverage for the child through her work and has signed a lease
on a two-bedroom apartment in December 2025.
Mother acknowledges that she did not complete some of the steps of
the Cabinet’s case plan in the juvenile proceeding. She missed some of the drug
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testing because she lost her cell phone. Mother testified that she did get a mental
evaluation as recommended, but she did not believe that she had any
documentation.
On cross-examination, Mother testified that her issues with alcohol
began when she was 16-years-of-age. When she quit drinking, she did so “cold
turkey.” She denied any other substance abuse issues. Mother testified that she
did the mental health assessment at Kentucky Counseling Center and was
diagnosed with alcohol use disorder. However, she did not follow up with
recommended therapy. She testified she could not afford it because she was
homeless and had no job at the time. That was in August 2024. Mother could not
have cared for her child at that time. Mother testified that when she was working,
she tried to give Grandparents money, but she never wrote them a check or gave
them cash. Mother was not in therapy or counseling at the time of the hearing.
On February 18, 2026, the family court entered detailed and extensive
Findings and Conclusions and entered the Judgment of Adoption. As to Mother,
the court determined that the conditions necessary for adoption without consent
under KRS 199.502(1)(e) and (g) had been proven by clear and convincing
evidence:
[Mother] has not provided parental care and protection
for the child for more than 6 months and . . . for reasons
other than poverty alone, for a period exceeding 6
months, she has failed to provide necessities essential to
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support the child. While she has made some positive
foundational steps to gain employment and housing,
those are relatively recent events, not yet indicative of
increased stability given that she has secured
employment and housing at times in the past as well but
has not sustained same for significant lengths of time.
Further, “Although the trial court may not rely entirely
on past behavior, it is indicative of future conduct[.]”
A.S.W. v. Cabinet for Health & Fam. Servs., No 2017-
CA-001759-ME, 2019 WL 4233481, at *3 (Ky. Ct. App.
Aug. 2, 2019). And while Mother has made some very
recent strides towards financial stability, no evidence of
mental health stability or significant behavioral
adjustments to suggest a likelihood of improvement in
her parental abilities was presented.
As such, the Court finds by clear and convincing
evidence that there is no reasonable expectation of
improvement in Mother’s parental care and protection as
well as provision of necessities and there is no reasonable
expectation of significant improvement in Mother’s
conduct in the foreseeable future and in light of the
child’s young age.
(Findings and Conclusions, p. 9.)
The court further concluded that adoption was in the child’s best
interest. It considered that Mother’s contact with the child had been very limited
for the past two and one-half years; that Grandparents’ motivation “appears to be
to protect Child from turmoil, exposure to domestic violence and general
instability, all of which he experienced in Mother’s care.” (Findings and
Conclusions, p. 13.) Additionally, it recited that the child “has fully adjusted to
Grandparents’ home, having resided there continuously and exclusively for the last
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2 ½ years and by all accounts he is thriving in their care.” Id. at 14. The court
explained:
[T]here is an Order of Protection for Grandparents
against Mother in effect until November of 2028. The
primary incident giving rise to the order occurred on
Grandparents’ porch. . . . Mother admits that she has
overreacted with threatening messages and media posts.
Same are indicative of continued erratic behaviors,
mental health issues, and an inability to control emotions.
Yet, no ongoing mental health services are in place nor is
there any evidence, otherwise, to show that her mental
health is stable, leaving the court with only her actions as
the most credible evidence of her mental health.
The family court acknowledged the improvements that Mother had
made in her life:
She began employment with Lextran in September of
2025 and after months of training now has a bus route.
She earns $22.90 an hour and is able to provide health
insurance for Child. She signed a lease in December of
2025 and has a two-bedroom apartment that she is
furnishing, etc., while she stays at her [current]
boyfriend’s a good deal of the time. She claims to be
sober and states that she would call a coworker if she was
tempted to drink. She also states domestic violence with
a partner will no longer be an issue.
However, when Mom’s long history of instability
in all areas of her life are examined, it is difficult to have
confidence that the recent changes and improvements in
her life will offer Child the permanent stability that he
needs. . . .
. . . The posts, messages and domestic violence event
which occurred in 2025 are relatively recent and are
troubling as is Mother’s admission that the July post was
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made out of anger when she was so intoxicated that she
doesn’t recall making the post. The reference to killing
someone who has her son “Liam Neeson style” is
particularly troubling. While a mental health assessment
was done at some point, it is not known if it was a self-
reporting assessment but admittedly, Mother did not
follow the recommendations. . . . The Court is simply
unable to find that Mother can maintain stability for
Child with proper parenting -- in all respects, including
emotionally, protective, and financially. Her many years
of chaotic living which suggest deep issues not
conducive to providing the home Child needs cannot be
minimized and have not been addressed by her
sufficiently. A few months of housing, a parenting class
and start at addressing mental health (with no follow
through) are not adequate to ensure Child will be
properly cared and provided for. Grandparents have been
the stability in Child’s life for the last 2 ½ of his 5 ½
years. Even prior to that time, they were involved in
assisting Mother with his care, including providing
Mother with money for housing in late 2022, only for her
to be evicted a few months later requiring her to stay with
Grandparents.
Also concerning is the apparent lack of insight by
Mother on how her actions and absence may have
affected Child. . . . The court is concerned about a lack
of maturity in this regard. Mother’s demeanor during
her testimony was lacking credibility at times and she
gave inconsistent answers at times.
(Findings and Conclusions, pp. 13-17) (bold-face emphasis added).
Mother now appeals. As this Court explained in C.J. v. M.S., 572
S.W.3d 492 (Ky. App. 2019), the elements that must underlie a valid adoption are
as follows:
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A family court shall enter a judgment of adoption if after
a hearing, the court is satisfied that:
the facts stated in the petition were
established; that all legal requirements,
including jurisdiction, relating to the
adoption have been complied with; that the
petitioners are of good moral character, of
reputable standing in the community and of
ability to properly maintain and educate the
child; and that the best interest of the child
will be promoted by the adoption and that
the child is suitable for adoption.
KRS 199.520(1). . . . If the adoption is sought without
consent, KRS 199.502(1) requires proof as part of the
adoption proceedings that one of the conditions set forth
in subjections (a)-(j) exists with respect to the child at
issue. See KRS 199.502(1).
. . . [I]n adoption without consent cases we apply the
same standard of review that governs parental
termination cases. Our review is confined to the clearly
erroneous standard in CR[3] 52.01 based upon clear and
convincing evidence. The family court’s findings will
not be disturbed unless there exists no substantial
evidence in the record to support them.
Clear and convincing proof does not necessarily
mean uncontradicted proof; but rather, requires there is
proof of a probative and substantial nature that is
sufficient to convince ordinarily prudent minded people.
Under this standard, “we are required to give
considerable deference to the [family] court’s findings,
and we will not disturb those findings” unless the record
provides no substantial support for them.
3
Kentucky Rules of Civil Procedure.
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Id. at 496 (internal quotation marks, footnotes, and citations omitted). Moreover, it
is the family court’s sole prerogative to determine the credibility of witnesses and
the weight of the evidence. R.P., Jr. v. T.A.C., 469 S.W.3d 425, 427–28 (Ky. App.
2015).
Mother raises several issues on appeal which, when distilled to their
essence, challenge the sufficiency of the evidence to satisfy the statutory
requirements for adoption without consent. However, Mother’s attempts to
reinterpret the testimony presented and to re-argue her case are unpersuasive. The
fact that the family court found Mother’s credibility lacking cannot be ignored.
We are satisfied from our review of the record that the family court’s findings are
amply supported by clear and convincing evidence and that the court correctly
applied the law to the facts as found. The findings are meticulous and detailed, and
the court cites and relies on substantial evidence that we may not disregard.
Accordingly, we affirm.
ALL CONCUR.
BRIEFS FOR APPELLANT: BRIEF FOR APPELLEES:
Jason A. Bowman Kimberly J. Olds
Louisville, Kentucky Richmond, Kentucky
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