B.T.O. v. M.O.

91 S.W.3d 745, 2002 Mo. App. LEXIS 2471
CourtMissouri Court of Appeals
DecidedDecember 24, 2002
DocketNo. WD 61182
StatusPublished
Cited by4 cases

This text of 91 S.W.3d 745 (B.T.O. v. M.O.) 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.T.O. v. M.O., 91 S.W.3d 745, 2002 Mo. App. LEXIS 2471 (Mo. Ct. App. 2002).

Opinion

THOMAS H. NEWTON, Judge.

M.O. (mother) appeals from an amended judgment and disposition order that placed B.T.O. (child) with the step grandparents.

I. Factual and PROCEDURAL Background

Mother has a three-year-old daughter, B.T.O. On January 16, 2002, the Bates County Juvenile Officer filed a petition alleging that B.T.O. was in need of care and treatment because of mother’s behavior. The petition alleged that on January 15, 2002, mother was “acting in a .bizarre and unstable manner and admitted to her family that she was using methamphetamine.” The petition further alleged that mother “repeatedly leaves [B.T.O.] with friends and family for extended periods of time without providing support for her care.” Upon reviewing the petition, the juvenile court issued an ex parte protective custody order, placing B.T.O. in the temporary custody of mother’s stepfather and his wife.

The juvenile court held an adjudication hearing on February 8, 2002. At that time, the juvenile officer called three witnesses: one of mother’s friends who had cared for B.T.O.; the DFS social service worker assigned to the case; and stepfather’s wife.

[747]*747Ellen Whitten, the friend who had cared for B.T.O. in mother’s absence, testified that she started doing so at mother’s request when B.T.O. was two weeks old. Initially, she cared for B.T.O. once or twice a month. As time went on, she and another individual cared for B.T.O. more often. B.T.O. sometimes spent only one or two days a week in mother’s home. Mother did not pay Ms. Whitten to care for B.T.O., and Ms. Whitten did not ask for payment. Ms. Whitten sometimes criticized mother’s lack of parenting. She was concerned that mother did not spend enough time with B.T.O. and that mother did not feed her properly. Instead of caring for B.T.O., mother was “going out all hours of the night, coming in, sleeping half the day.” On one occasion mother dropped B.T.O. off at Ms. Whitten’s home in the middle of the night and then left. Ms. Whitten was also concerned about mother’s drug use. Three months before the adjudication hearing, mother admitted to Ms. Whitten that she was using “crank.”1

Ms. Whitten last cared for B.T.O. in September 2001. Mother’s stepfather and his wife cared for B.T.O. for much of the time between October 2001 and January 2002. The wife estimated that she and her husband cared for B.T.O. one half of October, three-quarters of November, and all of the days between December 9, 2001, and January 4, 2002. The wife recounted mother’s “very bizarre” and “very paranoid” behavior on January 15, 2002. She described mother as going “200 miles a minute.” At that time, mother admitted that she was on “crystal meth.”

Ms. Debra Taylor, the DFS social service worker assigned to the case, testified that she began investigating allegations of neglect in October 2001, after receiving a report claiming that mother’s boyfriend had made sexually-inappropriate remarks about B.T.O.2 During the course of her investigation, Ms. Taylor also inquired about allegations that mother used drugs. Although mother was “very defensive” when asked about drug use, she ultimately submitted to two drug tests in October and November 2001, both of which were negative. Mother refused to cooperate further. She did not respond to Ms. Taylor’s telephone calls and letters after November 2001.

Mother testified in her own behalf. She denied using drugs and claimed that she had cooperated with DFS when asked to submit for drug tests. She explained her behavior on January 15, 2002, as the result of anxiety over car brakes that had recently failed.3 She explained her admission of “crystal meth” use as an attempt to “shock” her family and get them to listen to her. She said that she attempted to provide necessities to B.T.O. while B.T.O. was living with her stepfather and his wife; she took shoes and clothes there and “offered to take groceries.” She also claimed that she had provided her family with B.T.O.’s WIC vouchers. She conceded that she had allowed B.T.O. to stay with others “more often than she should have” [748]*748but claimed that she had done so at their request.

In its amended jurisdictional findings and judgment, the juvenile court determined that it had jurisdiction under § 211.031.4 It ruled that mother had neglected B.T.O. in the following manner:

On January 15, 2001, and previous dates, [mother] was using methamphetamine and [was] not able to provide any proper care, custody, or control of [B.T.O.]; in fact, she had left the child with [the stepfather and his wife] for weeks at a time — visiting only sporadically, and collecting AFDC payment and not using it to support the child.

In its amended judgment and order of disposition, the juvenile court placed B.T.O. with mother’s stepfather and his wife.

This appeal follows. Mother raises three points on appeal. In her first point, mother contends that the juvenile officer presented insufficient evidence that she had neglected B.T.O. In her second point, mother contends that the juvenile court failed to conduct an investigation of the stepfather and his wife under § 211.181.1 before placing B.T.O. with them. In her third point, mother contends that the juvenile court failed to make the findings required by § 211.183.5 in its disposition order.

II. STANDARD OP REVIEW -

“Review of juvenile proceedings is analogous to review of court-tried cases.” In re T.B., 936 S.W.2d 913, 914 (Mo.App. W.D.1997). Accordingly, we will disturb the juvenile court’s order only if there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. We defer to the juvenile court on issues of fact and witness credibility. Id. When reviewing the sufficiency of the evidence, we view the facts presented in evidence and the reasonable inferences therefrom in the light most favorable to the juvenile court’s judgment. In re 920 S.W.2d 173, 175 (Mo.App. W.D.1996).

III. Legal Analysis

A. The Juvenile Officer Presented Sufficient Evidence of Neglect

Viewing the evidence in the light most favorable to the juvenile court’s finding and deferring to the court’s credibility assessments, we conclude that substantial evidence exists to, support the-finding of neglect. This evidence demonstrates that mother used illegal drugs and abdicated her basic parental responsibility for B.T.O.

Mother has admitted that she used illegal drugs in the months leading up to trial. Three months before the adjudication hearing, she told Ms. Whitten that she had been using “crank” and that she “had been clean for two days at one point in time.” On the day before the juvenile court issued its ex parte order for protective custody in this case, mother likewise admitted that she was using methamphetamine and described a recipe for making “crystal meth.”

Although mother points' out that she tested negative for drugs two times during October and November 2001, this evidence suggests only that mother did not have drugs in her system on the two occasions when she submitted to testing.

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Related

In the Interest of J.B. Juvenile Officer v. W.B. (Father)
472 S.W.3d 242 (Missouri Court of Appeals, 2015)
In Re DKS
106 S.W.3d 616 (Missouri Court of Appeals, 2003)
In the Interest of D.K.S.
106 S.W.3d 616 (Missouri Court of Appeals, 2003)
Bto v. Mo
91 S.W.3d 745 (Missouri Court of Appeals, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
91 S.W.3d 745, 2002 Mo. App. LEXIS 2471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bto-v-mo-moctapp-2002.