State ex rel. CJK

RK and JK (defendant) had two children together. RK frequently abused JK in the presence of their children. Although JK obtained multiple restraining orders against RK, she would often return to RK. In January 1997, JK left RK and the children for a women’s shelter. Two weeks later, RK called JK to inform her that he had abused the children. RK later called JK again telling her that he had killed the children. Law enforcement investigated the situation and found the children unharmed although there was evidence that RK had lightly spanked them. The children were returned to JK, and JK and the children moved in with a friend. After RK began frequently entering the friend’s premise without permission, JK determined that it would be safer for her children to remain in the custody of the state. The trial court granted custody of the children to the Office of Community Services (OCS) (plaintiff) and approved OCS’s family-reunification plan. In accordance with the reunification plan, JK participated in mandated therapy sessions. However, after the initial sessions, JK refused to continue with the state-issued therapy. Eventually, OCS revised the reunification plan and established a relative-placement plan, which the trial court approved. OCS then petitioned for the termination of parental rights. Although OCS had filed the petition on the ground that JK had not complied with the plan, the trial court terminated the parental rights of JK and RK on the ground that their misconduct had resulted in abuse or neglect that was chronic, life-threatening, or gravely disabling. In its decision, the trial court concluded that OCS had established that the children experienced severe psychological trauma by continuing to witness RK’s abuse toward JK. The matter was appealed. The court of appeals reversed on the ground that JK had never physically abused the children. The matter was appealed again.