Attorney: Kimbley parents laid "positive foundation for the chil - KYTX CBS 19 Tyler Longview News Weather Sports

Attorney: Kimbley parents laid "positive foundation for the children"

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David Kimbley David Kimbley
Sabrina Kimbley Sabrina Kimbley
TYLER (KYTX) -

The civil case against David and Sabrina Kimbley resumed Thursday. The Kimbley's are under indictment for the endangerment of their five living children. They have also been identified as potential suspects in the murder investigation stemming from the August 2012 death of their son Jake in which he was found inside the family's septic tank.

Thursday's hearing was to determine permanent placement for the Kimbley's five living children.

Assistant District Attorney Cynthia Kent, told the court that the children had been exhibiting some behavioral and emotional issues while in foster care including bed wetting for several and an eating disorder in one case. Kent said those issues were resolving themselves over time and the kids were doing well overall.

The father of the oldest child--the only child not fathered by David Kimbley--was present in the hearing via speakerphone. He is lobbying for that child to come and live with him permanently in Virginia.

"[My wife and I are] ecstatically thrilled about the possibility of him coming up here. We are just waiting on that good news," he said.

The attorney representing the oldest child, Don Davidson, told the court that the child had a history of acting in a parental capacity toward the younger children. The attorney said placing him with his father in Virginia could provide therapeutic relief from feeling the need to parent his siblings.

"[The little boy] said 'it will be a great adventure,'" Davidson said in reference to the boy's positive reaction to the idea of re-joining his biological father out of state.

Judge Carole Clark asked the boy's father whether he had been concerned prior to Jake's death about the conditions his son was living in. He said he was not concerned overall.

Judge Clark asked if he had been paying child support. He said he was never ordered to by a court but had been helping to financially support his son.

Ultimately Judge Clark asked the father and his wife to undergo parenting training with a counselor the court works with often. She also asked him to read a specific book on parenting.

Judge Clark told the father and his wife to visit the oldest son during the spring break time frame, which will coincide with a permanency hearing for the children in March.

All of those things could pave the way for the oldest son to live permanently with his biological father.

Attorneys representing each of the other children gave updates about the children. Each of them had a generally good report, but expressed concern that the children are exhibiting a few behavioral issues relating to the upheaval in their lives in the last six months.
 
"Their meals would be pop-tarts for breakfast, lunch and dinner sometimes," Attorney Jennifer Deen said. "Maybe some macaroni and cheese. So getting them to eat regular food like pork chops and peas, and things like that, they're getting better with that and learning to eat normal food."

Several attorneys expressed a desire to provide additional emotional counseling for the children they represent.
 
"I have some concerns for [child's name redacted] because she also is...hitting her face and I don't know if that's from sleeping at night with roaches running over her face," Deen said.

Currently the four older children are living together in one foster home. A therapist said the worst case scenario for placement could involve separating the two girls from the two boys in a permanent placement situation.

Jake's twin brother, the youngest living child, is living separately. His attorney said he's doing well but she worries that the separation is breaking the bond with his siblings.

Attorney Cameron Castleberry said he wants extended family members of the Kimbley children to become more involved and be allowed visitation rights.
 
"Certainly it seems like the children are overall doing well," Castleberry said. "That would suggest to me that the parents have laid a positive foundation for the children to do well."

No other decisions were made during the hearing.
 
The Kimbleys' extended family members declined to comment once it was over.
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