This is the story of Jessica and Levi Dunn and their daughters.
On August 29, 2010, a call was put into
the Kentucky State Police Morehead for assistance in an accidental
shooting, which left Jessica with an injury to her hand and a surgery to remove
one of her fingers. On the night the shooting happened, three daughters
were sleeping while Levi Dunn struggled with the temptation of hurting
himself due to a battle of depression over the recent passing of his
mother to cancer. In the early morning, Jessica Dunn woke to find her husband with a
gun in hand and as she grabbed the gun in order to prevent her husband
from doing harm to himself, the gun went off in her hand. Levi was
charged with 1st degree assault and endangering the welfare of a minor. The story made news in local stations and papers.
Emily, Bailey and Carley were placed in foster care with a relative immediately in Bourbon County. The case was originally handled through Powell county and then transferred to Montgomery county because of an eviction due to the shooting and eventually landing in Fayette county with the case transferred to Judge Philpot. Jess and Levi were assigned a case plan that included parenting classes, therapy, drug and alcohol screenings three times a week paid out pocket, and a motion to pay child support. They were allowed visitations without limitations with the girls and did so every chance they could. Judge Philpot closed the case plan with CPS as satisfied, in July 2011 and said to come back January 2012 as the cabinet no longer was involved and visitation was set in and they were now working to get custody returned to Jessica and Levi. Judge Philpot was fully supportive of the quick progress Jessica and Levi had shown.
Emily, Bailey and Carley were placed in foster care with a relative immediately in Bourbon County. The case was originally handled through Powell county and then transferred to Montgomery county because of an eviction due to the shooting and eventually landing in Fayette county with the case transferred to Judge Philpot. Jess and Levi were assigned a case plan that included parenting classes, therapy, drug and alcohol screenings three times a week paid out pocket, and a motion to pay child support. They were allowed visitations without limitations with the girls and did so every chance they could. Judge Philpot closed the case plan with CPS as satisfied, in July 2011 and said to come back January 2012 as the cabinet no longer was involved and visitation was set in and they were now working to get custody returned to Jessica and Levi. Judge Philpot was fully supportive of the quick progress Jessica and Levi had shown.
Roxi was born to Jessica and Levi on January 2012. When Emily became of school age in July 2012 the relative (foster home for the 3 girls) suggested that Emily be enrolled in Fayette County school system where Jess and Levi had moved to. The girls lived with Jessica and Levi for 6 weeks. All the while the relative tried talking to Jessica several times about helping them get their girls back, (which Judge Philpot was already working them towards), if they would allow her to keep Carley with her, not tell the Court and that they could see her anytime they wanted, Jess and Levi did not agree with this.
Before the court hearing in October 2012 for returning full custody of the girls to Jessica and Levi, the relative called a Social Worker of Bourbon county and told her that Carley came back with a bad bruise on her side on her rib cage, and was worried that something happened and there might be a fractured rib that could puncture her lung. The Social Worker being concerned told the relative to go get the other girls until this was settled. The relative asked about the baby, Roxi and if she should take her as well. The Social Workers reply was that she could not take Roxi, but she would make a call of concern to the Fayette County Cabinet. The bruise on Carley was nothing more than a rough and tough tumble as children do. In turn, Levi Dunn, filed a report in regards to possible harm brought to the three girls in foster care, due to the youngest confiding in Jessica. Information on current issues were brought to the Bourbon courts attention that the current foster care placement with the current relative was inadequate and was not the right placement for several reasons, due to mistakes the relative made of not following what was requested by the Court, and interfering at each trial hearing that Jessica and Levi attended. Under the order of the judge the girls were removed from the foster care in Bourbon county where the relative lived, placed with a new relative and charges of neglect were brought against the relative who placed the original call to the Social Worker. In Fayette county, Roxi was removed from Jessica and Levi's home and placed with her sisters in the new relatives care. Due to concerns with the oldest girls they were were then placed in a special foster care placement in Fleming County. Roxi remained in Fayette County with the new relative placement. 6 months later, Judge Philpot who had the original case with the oldest girls, closed the case with Roxi and returned her to Jessica and Levi, finding no reason for her to be kept away from them. Judge Philpot requested the current case of the oldest girls in which now was in jurisdiction under Judge Tamra Gormley, to be moved back to the county where Jessica and Levi's residence and original case was in. Gormley first agreed and then retracted and denied. All case plans, screenings, classes ordered had been followed and passed as before with the original case with the oldest. In Bourbon county, Judge Tamra Gormley was assigned to the case against the relative in which the girls were removed and Levi made the report of suspicion in harm to the girls. Judge Gormley also stated that charges should be brought against Jessica and Levi for neglect as the girls lived with them for the brief time while the relative remained temporary custody but Jessica and Levi were acting as custodial parents. No charges were brought against Jessica and Levi. Emilia, Bailey, and Carley were held in Fleming county where they still reside currently and Judge Tamra Gormley told Jessica and Levi would need to put in a petition for returned full custody of the older girls. Judge Tamra Gormley was already, at this point talking about the probability of terminating their Parental Rights, trying to talk them into voluntarily terminating their rights as parents of their daughters and they refused. Judge Tamra Gormley put into motion a no contact order of the oldest girls in October 2012 and still remains in effect now.
In November 2012, Jess and Levi's Attorney entered a Motion to Petition for Return of Custody, to try to regain custody of Emily, Bailey and Carley. A hearing was held in July 2013, at which time Judge Tamra Gormley ordered an evaluation to be completed on Jessica and Levi, by a Forensic Psychologist. August 2013, Jess and Levi met with the Forensic Psychologist and completed the evaluation. January 2014, their Attorney and Social Worker appeared before Judge Gormley. During this hearing, Judge Gormley told them her intentions of termination to parental rights and adopting Jess and Levi's daughters out to the current Foster Mother in Flemming county. Their Social Worker stated that she could not recommend termination due to the evaluation by the Forensic Psychologist not having been submitted, that Judge Gormley, herself ordered. Due to disagreements between Judge Gormley, the Guardian Ad Litem, their Social Worker and their Attorney nothing transpired from this hearing except, debate regarding termination. The Social Worker nor their Attorney told Jess and Levi about this hearing because they knew that nothing was going to come of meeting with Judge Gormley on this day.
No case plan is currently open, however, Jessica and Levi continue to take drug and alcohol screenings randomly at the advice of the Social Worker, to prove to Judge Tamra Gormley that they are still clean. The Social Worker also continued to make home visits to check in with Jess, Levi and Roxi to be able to state what she has witnessed within their home and with their youngest Daughter.
In September 2014, Jessica and Levi's family continued to grow with the birth of their 5th daughter, Elliot. Not a word or update has been received on Emilia, Bailey, and Carley. The no contact order is still in place. They have not seen them in 2 years now. They have not heard from the foster mother. News that Judge Tamra Gormley set a date for termination of their parental rights came in from Jessica and Levi's lawyer. The date has been set for Nov. 7th, 2014. The Attorney for the cabinet has informed Jessica and Levi that the hearing can be rescheduled due to once again a failure of the Judge's ability to follow proper procedures and protocols in their case. They were not served papers for the termination nor allowed their case to be built in their defense against the termination. There has not been in the two years that Judge Gormley has been on this case, a motion filed, or suggested to allow any family reunification possibilities or home visits, supervised visitations, etc. between the girls and their parents.
Update 2015: The Nov. court date was postponed due to Judge Gormley failing to follow procedures to notify of the TPR. Jessica and Levi were served papers for the TPR and to appear at a hearing less than 30 days from the hearing. When they were served, the attorney was able to appeal within 20 days. During this time, local and state elections were Nov. 4th. Judge Gormley was voted out off the bench. The attorney appealed, and a pretrial was suppose to be set within 60 days of the 30 days notice (Oct. 14th). The most important key factor was that CPS wouldn't sign off to agreeing to terminate parental rights, seeing no justification for their rights to be terminated. On Nov. 25th, Judge Gormley held court to go through with the TPR without contacting the Dunn's. It was a failed attempt. Judge Gormley took the case a head up above the CPS workers to sign off on the TPR.
A new date was set for Dec. 18th.
During the December "pretrial", Judge Gormley, had full intention to terminating the rights, but their attorney, made it clear to the judge, with CPS also on board, that based on not being given a fair trial, not enough preparation time, evidence, witnesses, etc. the attorney motioned they be given 45 days to prepare for the termination hearing otherwise the Dunn's would go through the hearing, and then appeal and win based on the above. Judge Gormley granted the request.
Judge Gormley's last day on the bench was Dec. 31st. The termination of parental rights hearing was set for Feb 19th under the new judge, Lisa Hart Morgan, but again the date was moved, so they could have a full day. CPS continued to be on their side and were going to be testifying on their behalf.
During the TPR hearing with Judge Lisa Hart Morgan, on April 13th, their attorney's opening statement was that the cabinet would have to prove 3 things: 1. that it would be detrimental for the girls to come home 2. that they would be abused or neglected 3. that the living situation and home would be unstable and dangerous, stating that the cabinet would have to provide evidence, not hearsay.
The first 4 hours was testimony from 4 social workers, a therapist, the foster mother, foster agency, and a friend from the court, testifying against Jessica and Levi. The attorney stated that the cabinet had not provided any evidence for terminating the parental rights. Then after an hour and half recess Levi was put on the stand for and hour and a half covering the story from the beginning. Jessica was then cross examined for an hour and half. Judge Morgan asked the attorney if he would like to call anyone else on the stand and he pulled the Guardian Ad litem, who refused at first, and due to the refusal, the Judge ordered her to take the oath at her seat. The attorney asked her if she had at any point during the 2 and half years that she had the case if she ever spoke to Jessica and Levi Dunn, and asked if she had ever attempted or visited the home of Jessica and Levi to see what kind of environment the girls would potentially be returning to. He also asked her if she ever suggested to the foster agency or CPS that family counseling should be taking place. Her answer to these questions was "No". At this point he said he had no more questions for her. Judge Lisa Hart Morgan said, seeing so many procedural errors (such as the no contact order was not even an official document!!!) she couldn't rule in favor of the TPR. And that if she had, the Dunn's could appeal and would win. She also said that she believed that the moment the Dunn's walked in front of Judge Gormley that she never intended to return the girls to them. She stated she would give a written ruling in two weeks and she didn't feel justified in terminating parental rights due to all the lack of evidence against the Dunn's and all the procedural errors from the previous judge. Less that 24 hours later, their attorney was contacted with a request for mediation with the state. In attendance was the Guardian Ad litem, the prosecuting attorney, the foster agency, the girl's therapist, social worker, and social workers attorney, the foster parents, and the Dunn's. They changed the goal that day to "Return to parents". The girl's therapist and the foster care coordinator stated that the girls would have no issues integrating back home. The first visit was May 1st.
July 1st they were home to stay with Jessica and Levi. Full custody was returned August 4th! Case was closed with CPS August 22.
Today, the girls are home, beautiful, happy and adjusting well. We still will be posting updates to the facebook page, so please keep following the family!
