Barren County judge finds Kentucky child welfare agency in contempt of court — again

A Barren County Family Court Judge has found the state Cabinet for Health and Family Services in contempt of court for the second time in three months — this time over its failure to follow a court order to return a child to her mother in another state.

In a blistering order made public Monday, Judge Mica Wood Pence also found two cabinet employees in contempt for lying under oath at a hearing about their role in the case, recommending authorities look into "whatever criminal sanctions they deem to be appropriate."

And she directed a formal complaint to the Kentucky Bar Association against the cabinet's lawyer, Jennifer Clay, for alleged unethical behavior in the case including possible "malpractice."

Clay attempted to blame local Barren County employees instead of higher-ups at the agency and wrongly withheld emails the judge requested, citing "attorney-client" privilege, Pence's order said.

"The only testimony presented by Attorney Clay was to convince this court where blame should be placed," Pence wrote in her order. "The attempt to place blame on the local workers was then supported by blatantly false testimony to the court."

Pence added, referring to the local social worker and her boss, "At NO POINT has there ever been any cause to question their integrity or commitment to doing what is best for the children of Barren County."

Susan Dunlap, a cabinet spokeswoman, provided a brief statement in response to an inquiry about the findings regarding the agency and its employees.

"The cabinet is reviewing the judge’s orders and considering our legal options," she said. "We are also looking into the judge’s findings with regard to cabinet personnel."

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This is the second contempt order the judge has issued to the cabinet

The judge also ordered the cabinet to pay extra costs of lawyers appointed to represent the mother and child in the case, who as guardians ad litem are paid $500 a case.

Pence ordered the cabinet to pay Margarett Alexander, the mother's lawyer, $2,502, and Kelsey Barrett, the child's lawyer, $1,750 within 30 days.

Pence's order follows a previous order Feb. 8 where she found the cabinet in contempt of court for failing to provide sufficient staff and resources for the local child welfare office she said was chronically understaffed. It cited delays in cases, missed deadlines and repeatedly postponed hearings that caused backlogs in children's cases.

That case remains pending in Barren Family Court.

Meanwhile, in the current case, the pre-teen child has been returned to her mother in North Dakota more than a year after the girl came to Kentucky with some individuals later suspected of child neglect and human trafficking.

The girl's mother had allowed her to leave North Dakota with an acquaintance, Alexander said.

Two people, Micah Aaron Manthe and Danielle Cordes, both of Glasgow, have been charged with human trafficking and other offenses in connection with the case.

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The mother, who was not determined to be at fault, was "incredibly" cooperative with authorities and met all social services requirements to regain custody of her daughter, Alexander said.

"The victim in all of this is the family," she said. "The cabinet's job is to reunite families."

Further, she said the alleged false statements of cabinet officials damage the agency's credibility and makes her job harder working with parents being investigated for abuse and neglect.

"We have clients that we are instructing, 'The cabinet is here to help you. If you do what they ask you to, everything will work out,'" Alexander said.

But, judging from this case, "reunification is the last thing on their agenda," she said.

'Kentucky never has been her home'

The girl came to the attention of Barren County authorities in February 2021 after a tip she was living in poor conditions and not attending school.

Law enforcement opened an investigation along with social services, Pence's order said.

A local social worker began working with social services officials in North Dakota, who determined the child's mother "was being fully compliant, had completed her case plan and was receiving all positive reports," the order said.

"The mother was never alleged to have been a perpetrator in this action," it said.

Meanwhile, the judge had been questioning cabinet employees about the status of the child.

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"The court throughout this case has expressed the need for (the girl) to be returned to North Dakota as Kentucky is not and never has been (her) home state," the order said.

On Jan. 5, Pence ordered the girl be returned to North Dakota for a trial home visit with her mother to be monitored by social services officials in that state.

Still, the girl remained in foster care in Kentucky, and on Feb. 8, Pence held a hearing to find out why.

The social worker on the case, Brook Muse, testified that efforts to send the child home for a visit had been stopped after regional administrators reviewed the case "and said we would not be moving this child."

'Questionable and inconsistent statements'

On Feb. 10, Pence held a second hearing to try to determine from regional administrators why the cabinet had not complied with her order to send the girl home for a visit.

Clay, the cabinet lawyer, presented as witnesses several administrators to testify about the case.

But first, in opening remarks, Clay agreed the cabinet was in contempt of court for not following the judge's order but "insisted the blame rested at the local level" with Muse and her supervisor, Pence's order said.

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Clay's witnesses included Angela Lane, a clinical associate, and Jessica Humphrey, a deputy administrator, both with the social service region in Bowling Green that includes Barren County.

Lane testified she was "not at all" responsible for the decision not to send the girl to North Dakota, and Humphrey testified she "absolutely" did not tell local social service officials the girl was not to be returned to her home state, the order said.

After the hearing, citing "questionable and inconsistent statements" by some of the witnesses, the judge ordered the cabinet to produce emails among the parties about the child's status.

Judge: Decision on child lies with the court

Pence said her review of the emails found that "most, if not all, of the factual assertions or impressions made by Lane and Humphrey were either grossly misrepresented or false."

For example, despite her claims she was "not at all responsible" for the decision not to send the girl to North Dakota, emails showed Lane had direct involvement in discussions about the matter, and in one, stated an employee "would be letting Judge Pence know we are not going to send this child back to North Dakota...," Pence's order said.

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Other emails also showed Humphrey was involved in discussions about the matter despite her claim she was "not directly" consulted, Pence's order said. In one email, Humphrey insisted the child couldn't go home without an interstate evaluation that had never been obtained, and in another email she said considering sending the girl home was "insanity."

Pence, in her order, stated the decision on whether to return the child to her home "lies solely with the court" and that "this court has a duty to enforce its orders."

"It is clear to this court that this is a circumstance in which cabinet supervisors, outside of the local office, took matters into their own hands by forbidding compliance," Pence said.

Pence also noted there was little she could do to remedy the situation since "we cannot go back in time and return this child to her home state at an earlier date."

But Pence said she detailed her findings in the order in hopes of preventing a similar situation. She also took the unusual step of making the order and the family court case open to the public rather than confidential.

"The only way for this and similar situations to be remedied, so that the interests of a child are not adversely affected in the future, is for the court to clearly outline where things went wrong and request CHFS take steps to implement alternate procedures … aimed at ensuring this does not occur again in the future," the order said.

Reach Deborah Yetter at dyetter@courier-journal.com. Find her on Twitter at @d_yetter. Support strong local journalism by subscribing today: www.courier-journal.com/subscribe.

This article originally appeared on Louisville Courier Journal: Judge finds Kentucky child welfare agency in contempt for second time