Commonwealth of Kentucky, Cabinet for Health and Family Services v. K.O.

Summary

The Kentucky Supreme Court reversed the Court of Appeals and reinstated the family court's finding that Father neglected Child by creating a risk of physical injury. The Court held that the evidence—including Father's marijuana use while driving with Child, Child's exposure to marijuana, witness observations, and drug-test results—supported the finding under the applicable statutory standard, and that expert testimony was not required to establish the risk. The Court also applied deferential review to the family court's factual findings and discretionary determination.