B.D. v. Prenger

651 S.W.2d 195, 1983 Mo. App. LEXIS 3154
CourtMissouri Court of Appeals
DecidedApril 26, 1983
DocketNo. WD 33961
StatusPublished
Cited by7 cases

This text of 651 S.W.2d 195 (B.D. v. Prenger) 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
B.D. v. Prenger, 651 S.W.2d 195, 1983 Mo. App. LEXIS 3154 (Mo. Ct. App. 1983).

Opinion

TURNAGE, Judge.

Michael W. Prenger, the juvenile officer of Cole County, filed a petition seeking to terminate the parental rights of B.D. to her daughter, Baby Girl D. The court entered judgment terminating parental rights, and the mother has appealed, contending that the evidence was insufficient to show the existence of any statutory ground for terminating her parental rights. Affirmed.

In December of 1980, B.D. visited a social worker with the Division of Family Services and indicated that she wanted to relinquish for adoption the child which she was about to bear. Thereafter, B.D. entered the hospital and on December 24, 1980, delivered the baby girl who is the subject of this action. The same social worker visited B.D. in the hospital on December 29, 1980, at which time B.D. executed a relinquishment of parental rights. Pursuant to that relinquishment, Baby Girl D. was taken from the hospital by the division and placed in a [196]*196foster home. On December 29, 1980, the juvenile officer of Cole County filed a petition requesting that B.D.’s parental rights be terminated. B.D. has been unable to identify the child’s father.

When the petition to terminate parental rights was heard in February of 1981, there was evidence from a psychiatrist which revealed that B.D. had been diagnosed as having paranoid schizophrenia. The psychiatrist stated that B.D. had a tendency not to take her medication, and that she had been irregular in keeping her appointments with him. He stated that a good deal of conflict existed between B.D. and her own mother, with whom she lived.

He found B.D. to be of above average intelligence, and explained that while schizophrenia does not affect the intelligence, it does produce fixed delusions. B.D.’s delusions were of a paranoid nature, in that she believed her mother and others were plotting against her. The psychiatrist said that B.D. had consistently denied that she had any illness, had chosen not to take her medication or to follow recommended therapy, and had left the hospital many times while undergoing treatment for her mental condition, stating that she did not need to be hospitalized, when it was obvious that she did.

The psychiatrist further testified that B.D. frequently had suicidal thoughts, and had jumped from the bridge crossing the Missouri River at Jefferson City around January of 1980. On that occasion she had landed on railroad tracks, incurring multiple physical injuries for which she was hospitalized. Subsequent to that hospitalization, B.D. was hospitalized in Fulton for her mental condition. In the opinion of the psychiatrist, if B.D. did not take her medication or otherwise cooperate in her own treatment, she would be unable to care for her child. He believed that the potential of B.D.’s being a danger to her child was very high.

The transcript of the hearing reveals that B.D. frequently interrupted the testimony of other witnesses with incoherent statements. For instance, when the social worker was testifying regarding the relinquishment of Baby Girl D., B.D. interrupted the proceeding with the question “[djon’t you think we should prosecute someone?” When the court inquired as to what B.D. meant by this question, she responded that “I heard this; a man raped a woman and then killed her.”

During her own testimony B.D. stated that a woman had been raped and killed at the apartment where she was living. B.D. said that the man who committed the murder was on medicine, and that was why she had stopped taking her medicine. Other witnesses agreed that no such incident had ever occurred at B.D.’s apartment.

A nurse at the hospital where the baby was born testified that she had worked the day shift on the floor where B.D. stayed following the birth. She said that when she entered B.D.’s room each morning, she typically found the toilet full of everything that was in the bathroom, including tissue and Kotex.

The nurse further testified that the second day after the baby was born, B.D. requested to see her baby. She observed that while B.D. was feeding the baby her attention span was at its longest, which was from 30 to 60 seconds. She also observed that B.D. did not hold the bottle in the baby’s mouth but let it fall to her chest, and that she did not support the baby’s head. In light of this behavior, B.D. was allowed to see her baby only when hospital personnel were in the room. During the nurse’s testimony, B.D. interrupted the proceedings to say that she thought that her baby wanted a mama, but that it was scared of her.

While in the hospital, B.D. would stop people in the halls and tell them that the nurses were beating the babies in the nursery. On the day that B.D. was to leave the hospital, she was found in the basement near the morgue, and explained that she thought she had heard shots and was wondering who had been shot.

At the conclusion of the hearing, the court stated that if B.D. had been in the same condition when she signed the relin[197]*197quishment as she was at the time of the hearing, then she had lacked the requisite mental capacity to execute a relinquishment. The court further determined that B.D. was not mentally capable of caring for her baby, and ordered custody of the child continued in the division pending a second hearing to be held in six months.

The second hearing was held in October of 1981, at which time a second psychiatrist, whom B.D. had seen in September of 1980 for a disability evaluation, offered testimony. The psychiatrist stated that he had subsequently seen B.D. when she was hospitalized in April of 1981, and then as an out-patient in May and June of that same year. He had diagnosed B.D. as suffering from paranoid schizophrenia, with suicidal tendencies and with delusions that certain people were plotting against her. He defined delusions as false ideas that cannot be removed by reason. He stated that B.D. had told him she was going to get a shotgun and kill those people.

The psychiatrist stated that when B.D. was hospitalized, she had been in an acute psychotic state, and that it had taken some time to get her calmed down with medication so that she could be in a ward with other people. While after a few days of treatment B.D. did in fact calm down to the point that she was cooperative and pleasant, he testified that she was still delusional when she left the hospital. This psychiatrist stated that B.D. had told him in May and July that she wanted her baby back, and that she had been talked into signing papers to give the baby up by some of the people who were plotting against her.

The psychiatrist testified that B.D.’s episodes of acute psychosis are unpredictable in terms of their onset, and may be of long or short duration. When B.D. is in an acutely psychotic state as she was when hospitalized in April of 1981, the psychiatrist stated that she becomes hyperactive, talkative, and uncooperative, and that she would be unable to look out for a child at these times because she is unable to look out even for herself. He stated that he would be most concerned about the baby’s welfare if B.D. became suicidal, in light of the possibility that B.D. would kill the baby along with herself.

He stated that if she continued to take her medication and was seen on a regular basis by a psychiatrist, then the worst of her psychotic bouts might be headed off. Even when she is under medication and not suffering from acute psychosis, he regarded her to be a very sick individual.

When asked to give his opinion as to whether or not B.D.

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Bluebook (online)
651 S.W.2d 195, 1983 Mo. App. LEXIS 3154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-v-prenger-moctapp-1983.