A.K.L. v. D.C.

942 S.W.2d 953, 1997 Mo. App. LEXIS 695, 1997 WL 192298
CourtMissouri Court of Appeals
DecidedApril 22, 1997
DocketNo. 20752
StatusPublished
Cited by7 cases

This text of 942 S.W.2d 953 (A.K.L. v. D.C.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.K.L. v. D.C., 942 S.W.2d 953, 1997 Mo. App. LEXIS 695, 1997 WL 192298 (Mo. Ct. App. 1997).

Opinion

BARNEY, Presiding Judge.

Appellant appeals from a judgment terminating her parental rights as the mother of A.K.L. and A.M.L.1 The action was brought by the juvenile officer of Howell County, Missouri, pursuant to § 211.447.2 It originated in the Juvenile Division of the Circuit Court of Howell County, Missouri.3

The juvenile court terminated Appellant mother’s parental rights under the provisions of § 211.447.2(3) in that both juveniles had been under the jurisdiction of the juvenile court for a period of one year and the court found that the juveniles had previously been adjudicated to have required care and treatment because they were without proper care, custody or support, hence neglected. The juvenile court found that the conditions which led to the assumption of jurisdiction still persisted. The juvenile court also found that the Appellant lacked maturity, social and parenting skills and remained unable to provide a stable home for her children. Fur[955]*955ther, the juvenile court found that despite the efforts of the Division of Family Services (DFS), Appellant had faded to comply with the terms of her service plan by failing to make efforts to obtain and maintain full time employment, failing to seek adequate and proper housing, failing to attend counseling, and failing to cooperate with counselors. The juvenile court then determined that continuation of the parent-child relationship would greatly diminish the juveniles’ prospects of early integration into a stable and permanent home and that it would be in the children’s best interest to terminate Appellant’s parental rights.

Appellant mother, born August 31, 1967, raises one point of trial court error. She maintains that there was lack of clear, cogent and convincing evidence in support of the juvenile court’s findings and order terminating parental rights to her two minor children, A.K.L., born August 7, 1985, and A.M.L., bom October 22, 1986.

Appellate review of juvenile proceedings is in the nature of appellate review of court-tried civil cases. In re J.L.C., 844 S.W.2d 123, 124 (Mo.App.1992). Therefore, “[i]n reviewing an order of termination, this Court affirms a juvenile court’s decision unless there is no substantial evidence to support it, it is against the weight of the evidence, or the court erroneously declared or applied the law.” , In re M.N.M., 906 S.W.2d 876, 878 (Mo.App.1995). “As this Court reviews the sufficiency of the evidence supporting an order, we consider the evidence and all reasonable inferences in the light most favorable to the order.” Id. “In addition, we give due regard to the juvenile court’s opportunity to judge the credibility of witnesses and resolve fact issues.” Id. “We will reverse the order only when we firmly believe it is wrong.” Id. “In any termination of parental rights, the primary concern must be the best interests of the child.” Id. The existence of even one statutory ground for termination is sufficient if termination is in the child’s best interests. In re M.H., 859 S.W.2d 888, 895 (Mo.App.1993); In re L _E _E_, 839 S.W.2d 348, 352 (Mo.App.1992); see also statutory grounds cited in § 211.447. The juvenile officer, as the petitioner, bears the burden of proof in a termination of parental rights proceeding. M.H., 859 S.W.2d at 896. This burden of proof is met if substantial evidence (evidence which, if true, has probative force upon the issues) is clear, cogent and convincing on the issues. Id.

As a preliminary matter, Respondents assert in their brief that Appellant can not maintain her appeal because she failed to appeal the ruling of the trial court within the time prescribed by the Juvenile Court Rules. Respondents state that Juvenile Court Rule 119.07 sets out the procedure for the amendment of a judgment in a juvenile court proceeding.4 The Rule reads in pertinent part as follows:

a. Upon motion of any party made not later than fifteen days after entry of judgment the court may amend or correct the judgment.
b. The court retains control over judgments during the thirty-day period after entry of judgment and may vacate, reopen, correct or amend its judgment for good cause within that time....

Respondents assert that the trial court entered its judgment on order of termination on September 5, 1995, but that Appellant filed her motion to vacate, reopen, correct, amend and/or modify and alternative motion for new trial on October 2, 1995. Respondents therefore contend that the judgment terminating Appellant’s parental rights to the juveniles herein became final for purposes of appeal after thirty days from the date of its entry. Therefore, since Appellant filed her appeal on January 22, 1996, it was untimely filed.

The timely filing of the notice of appeal is a jurisdictional requirement. K.W. v. Missouri Div. of Family Servs., 694 S.W.2d 915, 917 (Mo.App.1985).

[956]*956Chapter 211 is a complete act or law within itself and § 211.261, governing appeals from judgments rendered in juvenile court, is construed to require all appeals under the Code to be taken in compliance with that section. In re J _A _D _, 905 S.W.2d 101, 103 (Mo.App.1995). Juvenile Court Rule 120.01 is the counterpart to § 211.261 and states in pertinent part that:

b. An appeal shall be allowed to a parent from any final judgment made under the Juvenile Code which adversely affects him.
c. Notice of appeal shall be filed within thirty days after entry of final judgment.

Sections 211.442-490 statutorily set out the law governing termination of parental rights. Section 211.477.5 provides in pertinent part that:

Orders of the court issued pursuant to sections 211.442 to 211.487 shall recite the jurisdictional facts, factual findings on the existence of grounds for termination and that the best interests of the child are served by the disposition stated in the order. The order shall be a final order after thirty days from the date of its entry for purposes of and subject to the rights of appeal.

Respondents are correct in asserting that Appellant’s post judgment motions to amend or correct the judgment were not timely made because they were filed more than 15 days after the original rendition of the judgment terminating parental rights. Juvenile Court Rule 119.07 a. However, their contention that Appellant was required to file her motion for a new trial within 15 days of the original rendition of the judgment is incorrect. Juvenile Court Rule 119 is silent as to the filing of a motion for a new trial. Juvenile Court Rule 110.04, however, provides that:

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Cite This Page — Counsel Stack

Bluebook (online)
942 S.W.2d 953, 1997 Mo. App. LEXIS 695, 1997 WL 192298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akl-v-dc-moctapp-1997.