Beevers v. M_J_H

874 S.W.2d 552
CourtMissouri Court of Appeals
DecidedApril 26, 1994
DocketNo. 18580
StatusPublished
Cited by3 cases

This text of 874 S.W.2d 552 (Beevers v. M_J_H) 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
Beevers v. M_J_H, 874 S.W.2d 552 (Mo. Ct. App. 1994).

Opinion

CROW, Judge.

The Juvenile Officer of Judicial Circuit 37 brought this action per § 211.447, RSMo Cum.Supp.1991,1 to terminate the parental rights of M_J_H_(“Mother”) and L_ D_ (“Father”) to their daughter, T_ M. E_, born November 23, 1982 (“Daughter”).

The juvenile court2 held an evidentiary hearing at which Mother appeared in person and with counsel. Father was served with summons, but defaulted.

The juvenile court thereafter entered an order terminating the parental rights of Mother and Father to Daughter per § 211.-447.2, which provides, in pertinent part:

“The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer ... if it finds [554]*554that the termination is in the best interests of the child and when it appears by clear, cogent and convincing evidence that one or more of the following grounds for termination exist:
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(3) The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child’s prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following:
(a) The terms of a social service plan entered into by the parent and the division and the extent to which the parties have made progress in complying with those terms;
(b) The success or failure of the efforts of the juvenile officer, the division or other agency to aid the parent on a continuing basis in adjusting his circumstances or conduct to provide a proper home for the child;
(e) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;
(d) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control over the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control.”

Mother, alone, appeals. Her sole point relied on states the proof was insufficient to support termination of her parental rights in that there was no clear, cogent and convincing evidence that the conditions which led the juvenile court to assume jurisdiction of Daughter (in 1990) still persisted when this termination action was tried (in 1992), or that conditions of a potentially harmful nature continued to exist.

In addressing that issue, we view the evidence in the light most favorable to the juvenile court’s order, giving due regard to that court’s opportunity to judge the credibility of witnesses. In the Interest of M.E.W., 729 S.W.2d 194, 195-96 (Mo. banc 1987).

So viewed, the evidence establishes that Mother and Kenneth H_ began living together when Daughter was “two weeks old” — early December, 1982. At that time, Mother had a son. As best we can determine from the record, he was then four or five years of age. However, he had been removed from Mother’s care because of “neglect and abuse” when he was eighteen months of age and placed with Mother’s sister in another state.

Mother married Kenneth on February 17, 1984.

On a date undisclosed by the record, but described by Mother as “around ’87,” she was diagnosed as having “bipolar disorder.” Since then, she has taken medication for it.

Although the evidence is imprecise, we glean from it that Mother was placed on probation for “burglary and stealing” in 1987. We cannot ascertain whether that was before or after the diagnosis mentioned in the preceding paragraph. Mother disclosed she had an earlier conviction for another “burglary, stealing.” She testified it was “in 1976, I believe.”

On March 11, 1988, the Clay County office of the Division of Family Services (“DFS”) received a “hot-line report” about Daughter, who was hospitalized in Olathe, Kansas. According to the DFS investigator, “[T]he family was living in a low income housing unit in Excelsior Springs.” The investigator spoke with Mother about the reason for Daughter’s hospitalization. According to the investigator, Mother indicated “she was having problems with [Daughter’s] behavior,” and that was why Daughter was hospitalized.

[555]*555As we understand the investigator’s testimony, Mother was also hospitalized at that time. According to the investigator, that was because of “[d]epression and psychological problems.”

The investigator testified that Mother “expressed some concerns ... regarding possible sexual abuse to [Daughter].” Mother also revealed “quite a bit of domestic violence” and said there had been “several occasions in which [Daughter] had been physically hurt during the fights.” One such instance had been in June, 1987, when Daughter’s head had either hit, or been struck by, a coffee table, requiring stitches.

The investigator’s inquiries gave her reason to believe Daughter had been molested by Todd H_, Kenneth’s son. According to Mother, Todd was then fifteen, and was living with “Grandma.” However, he spent weekends with Mother and Kenneth. Other evidence in the record indicates Todd would have been about eighteen, not fifteen, at the time.

Mother testified Todd admitted to her (evidently before Daughter’s hospitalization) that he “had played with [Daughter’s] genital area.” Mother related this to the investigator.

Mother and Daughter were released from their respective hospitalizations, but the dates do not appear in the record. Mother was hospitalized again April 24, 1988, for “back surgery.”

Later, on a date unrevealed by the record, Mother, Kenneth and Daughter moved to Ray County. From there, they moved to Howell County. Asked when the latter move occurred, Mother testified, “Probably ’88, ’89.”

On February 6, 1990, Beth Coble, a social worker with the Howell County DFS office went to the home of Mother and Kenneth. Daughter was there, as was Mother’s son (then age twelve or thirteen). He had been in the home since “probably the middle of January.” Around February 18,1990, Mother’s son was placed under juvenile jurisdiction and removed to a boys’ residential facility for “treatment of behaviors.”

On March 15, 1990, Ms. Coble prepared a written treatment plan for Mother. The plan pertained to Daughter and Mother’s son. Mother refused to sign it.

On July 30, 1990, Daughter was admitted to Lakeland Regional Hospital in Springfield. According to Mother, this was because Mother’s psychiatrist told her that Daughter was “out of control ... had behavioral problems ... and ...

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Cite This Page — Counsel Stack

Bluebook (online)
874 S.W.2d 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beevers-v-m_j_h-moctapp-1994.