Kentucky Court Clarifies When Parents Face Child Neglect for Educational and Supervision Failures

Judges Combs, Eckerle and Jones with the unanimous decision. Opinion authored by Judge Combs.

Adrienne Southworth.- Counsel for Appellants

Kevin S. Shearer - Counsel for Appellee

The Kentucky Court of Appeals recently issued a significant ruling that every parent should understand, particularly those considering homeschooling or alternative education arrangements. In W.R. and C.R. v. Commonwealth of Kentucky, the court addressed when inadequate supervision and education can lead to neglect findings—and the results may surprise you.

What Happened: A Wake-Up Call for Kentucky Parents

This case began when an 8-year-old boy walked nearly 4 miles in freezing weather, supervised only by his 23-year-old brother with autism and a seizure disorder. The child arrived at a school board meeting asking if he could attend school "for one day to learn about dinosaurs because he has never gotten to go to school."

The shocking details revealed:

• The child could only spell two words: "poop" and "no"

• Multiple children ages 6-15 could not read at all

• Parents had stopped providing any educational instruction years earlier

• Children frequently wandered unsupervised, including a 6-year-old walking alone on roads

The Cabinet for Health and Family Services filed neglect petitions, leading to this precedent-setting appeals court decision.

Key Legal Rulings Every Kentucky Parent Should Know

1. Educational Neglect Has Age Limits—But They're Lower Than You Think

The Court's Rule: You cannot be found guilty of educational neglect for children under compulsory school age.

What This Means: In Kentucky, children must attend school starting at age 6 (or if they turn 6 by August 1st). However, the court made clear that once your child reaches this age, you have a legal obligation to provide adequate education—whether through public school, private school, or legitimate homeschooling.

Parent Takeaway: If you're homeschooling, you must actually be teaching your children. Simply declaring yourself a homeschooling family without providing instruction can lead to neglect charges.

2. Supervision Requirements Are Stricter Than Many Parents Realize

The court emphasized that parents must consider the actual capacity of supervisors, not just their age. In this case, a 23-year-old with developmental disabilities was deemed inadequate to supervise a young child on a dangerous walk.

Red Flags the Court Identified:

• Long periods where parents don't know children's whereabouts

• Children wandering on roads or in dangerous areas

• Leaving young children with supervisors who lack capacity for safe supervision

• Parents sleeping most of the day while children are unsupervised

3. Religious Freedom Doesn't Excuse Educational Abandonment

While Kentucky law protects parents' rights to educate children according to their religious beliefs, the court found that simply claiming religious motivation isn't enough. Parents must actually follow through with educational instruction.

What Constitutes "Adequate" Education in Kentucky?

The court's decision provides guidance on what Kentucky considers adequate education:

Minimum Standards Include:

• Teaching children to read at age-appropriate levels

• Providing basic math instruction

• Ensuring children know fundamental information (like their own birthdate)

• Maintaining consistent educational activities

Warning Signs of Educational Neglect:

• School-age children who cannot read basic words

• No documentation or evidence of educational activities

• Children stating they receive no instruction at home

• Significant gaps in basic knowledge for their age

The "Threat of Harm" Standard: Prevention, Not Just Reaction

One of the most important aspects of this ruling is the court's emphasis that authorities don't need to wait for actual harm to occur. The legal standard is "harmed or threatened with harm."

This means:

• Early intervention is possible when children are at risk

• Courts can act on patterns of inadequate supervision

• Educational deficits that threaten a child's development count as "harm"

Practical Advice for Kentucky Parents

For Homeschooling Families:

1. Document your educational activities - Keep records of curricula, activities, and assessments

2. Ensure consistent instruction - Sporadic or absent teaching can trigger investigations

3. Have your children assessed periodically - Can demonstrate educational progress

4. Understand your legal obligations - Kentucky has specific homeschooling requirements

For All Parents:

1. Know where your children are - Especially during typical school hours

2. Ensure adequate supervision - Consider supervisors' actual capabilities, not just age

3. Take wandering seriously - Repeated incidents can indicate inadequate supervision

4. Maintain proper hygiene and care - The court noted concerns about children's cleanliness and clothing

Constitutional Protections Still Exist—But Must Be Properly Raised

The court noted that while parents failed to properly preserve their constitutional challenges in this case, Kentucky law does protect religious freedom in education through:

• Section 5 of the Kentucky Constitution

• KRS 446.350 (Religious Freedom Restoration Act)

However, these protections require that parents actually exercise their stated religious beliefs consistently.

Red Flags That Could Trigger an Investigation

Based on this case, the following situations may prompt authorities to investigate:

• Educational concerns: Children of school age who cannot read, lack basic knowledge, or report receiving no instruction

• Supervision issues: Children wandering alone, especially in dangerous areas or extreme weather

• Hygiene problems: Persistent issues with cleanliness, appropriate clothing, or basic care

• Multiple reports: Pattern of community concerns about children's welfare

What to Do If You're Under Investigation

If you're facing a neglect investigation in Kentucky:

1. Take it seriously - These cases can result in court orders requiring specific actions

2. Document your parenting - Gather evidence of educational activities and supervision

3. Understand your rights - You have constitutional protections, but they must be properly asserted

4. Get legal help immediately - Family law attorneys can protect your rights and help navigate the system

The Bottom Line for Kentucky Families

This case reinforces that Kentucky takes children's educational and safety rights seriously. While parents have broad authority to make decisions about their children's education and upbringing, this authority comes with real responsibilities.

Key takeaways:

• Educational neglect charges are possible once children reach compulsory school age (6 years old)

• Supervision must be adequate for the child's safety and the supervisor's capabilities

• Religious beliefs must be consistently practiced, not just claimed

• Courts can intervene based on "threat of harm," not just actual harm

Protecting Your Family's Rights

If you're facing questions about educational choices, supervision concerns, or any family law matter in Kentucky, don't wait until you're under investigation to seek help. Understanding your rights and obligations beforehand is always preferable to defending them in court. Contact Bowman Legal to help

Every family situation is unique, and the law provides various protections for parents' rights while ensuring children's welfare. The key is understanding how to exercise those rights properly and document your compliance with Kentucky law.