D.L.W. v. R.C.

9 S.W.3d 768, 2000 Mo. App. LEXIS 173
CourtMissouri Court of Appeals
DecidedJanuary 28, 2000
DocketNo. 22706
StatusPublished
Cited by25 cases

This text of 9 S.W.3d 768 (D.L.W. v. R.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
D.L.W. v. R.C., 9 S.W.3d 768, 2000 Mo. App. LEXIS 173 (Mo. Ct. App. 2000).

Opinion

PHILLIP R. GARRISON, Chief Judge.

R.C. (“Father”) appeals from the trial court’s judgment terminating his parental rights and granting D.L.W. and P.D.CW.’s (“Petitioners”) petition for adoption of K.L.C., C.L.D., M.R.C., and A.L.C. Father contends that the trial court erred in granting Petitioners temporary legal custody of the minor children and in granting their petition for adoption as there was no clear, cogent and convincing evidence that he and the children’s natural mother, K.C. (“Mother”), had willfully abandoned or willfully, substantially and continually neglected the children. We affirm.

Preliminarily, we note that the Division of Family Services (“DFS”) has filed a motion to dismiss or alternatively a motion to strike Father’s brief for failure to comply with Rule 84.04(c).1 Rule 84.04(c) requires that a statement of facts in an appellant’s brief “be a fair and concise statement of the facts relevant to the questions presented for determination without argument.” DFS contends, correctly, that Father’s statement of facts, which consists solely of a procedural history of the case, is in violation of this rule. While we do not overlook or condone the deficiencies in Father’s brief, we are desirous of deciding cases, especially those pertaining to child custody and the termination of parental rights, on the merits where possible and will do so in this case. DFS’s motion is, therefore, overruled.

Father is the natural father of three of the children, K.L.C., born October 31, 1991, M.R.C., born May 27, 1994, and A.L.C., born January 22, 1997. The natural father of C.L.D., born January 29, 1993, was served by publication. Mother has not appealed.

In December 1995, DFS received a hotline call alleging that domestic violence was occurring between Father and Mother, who are both hearing impaired, in the presence of the four minor children, that Father was drinking alcohol, and that up to twenty unrelated people were living in the family’s three-bedroom home. DFS investigated, and Mother reported that she had been beaten by Father, whom she believed to be an alcoholic. She also indicated that she had been sexually abused in the past and that C.L.D. was the result of a rape by a man who had been living at their home. DFS offered Mother services to help her separate from Father, but Mother elected to continue the relationship.

K.L.C., C.L.D., and M.R.C. were placed in the temporary legal and physical custody of DFS in December 1995 for placement in foster care upon a finding that Mother was unable to meet the needs of the children and was unwilling to protect them from possible abuse. On January 10, 1996, K.L.C., C.L.D., and M.R.C. were placed in the foster care of Petitioners, where they remain.

On March 1, 1996, the Circuit Court of Christian County entered a Finding of Jurisdiction placing the children in the legal custody of DFS and approving a written service agreement. The service agreement provided that Father and Mother [771]*771would participate in counseling for alcoholism and physical abuse, that Mother would receive counseling for codependency and self-esteem issues, and that Father and Mother would complete parenting classes.

Father and Mother initially attended counseling regularly, but later became inconsistent in their participation and eventually discontinued it. Father and Mother were also not consistent in keeping their once-a-week visitations with their children. During the period between February and August 1996, Mother, alleging physical and sexual abuse, left Father several times.

On January 22, 1997, Mother gave birth to A.L.C., and on January 24, 1997, A.L.C. was placed in the custody of DFS. DFS found that A.L.C. was without the proper care necessary for her well-being in that Mother had previously been found to have neglected her three other children, had failed to follow her written service agreement with DFS, and had been a victim of domestic violence. A.L.C. was placed in the care of Petitioners until February 4, 1997, when the Circuit Court of Taney County ordered that she be returned to Father and Mother.

Father and Mother entered into a second service agreement, effective February 10, 1997 through August 10, 1997, which ' stipulated that Father and Mother would maintain an alcohol, drug, and violence-free home; undergo psychiatric/psychological evaluations; comply with the agreed upon visitation schedule; obtain and maintain for at least six months appropriate employment sufficient to provide support; pay $25 in monthly child support to DFS; attend parenting classes; and complete the “Break the Chain” counseling program. In return, DFS agreed to develop a visitation plan and monitor the progress of the family. The agreement also stated that “[e]ompletion of the written service agreement may not mean the children will be returned at that time.”

On July 29, 1997, A.L.C. was placed in foster care at Mother’s request, as Mother was experiencing suicidal tendencies and did not want A.L.C. left with Father. DFS placed A.L.C. in the temporary custody of Petitioners. A subsequent visit to the pediatrician revealed that A.L.C.’s level of developmental growth was far below average.

As of August 19,1997, Father and Mother’s visitation rights were changed to one visit every other week due to the inconsistency in their visits. The DFS social worker assigned to the case indicated that Father and Mother had “a lot of excuses, car problems, etc,” and several times, when they did visit they would leave early. When they visited, Father and Mother would bring gifts to the children for their birthdays and Christmas, and at various times, did purchase toys and clothing for the children. Father and Mother, however, never paid DFS the $25 in monthly child support required by the service agreement.

On September 11, 1997, Petitioners filed for adoption in the Circuit Court of Stone County2 seeking to adopt all four children. The Petition for Adoption alleged the consent of Father and Mother was not required as the conditions of § 453.040(5)3 had been satisfied in that Father and Mother had for a period of more than six months immediately prior hereto and prior to the petition for adoption, willfully abandoned the minor children, and for a period of more than six months immediately prior to the filing of the petition for adoption had willfully, substantially and continuously neglected to provide the minor children with the necessary care and protection.

On March 27, 1998, a hearing was held concerning Petitioner’s request for temporary custody pending adoption, and Father [772]*772and Mother’s motion for extended visitation. Two social workers testified that Father and Mother had failed to make substantial progress in meeting the goals of the service agreements, and that Father was continuing to abuse Mother and to use alcohol. Following the hearing, legal custody of the four children was awarded to Petitioners, and Father and Mother were granted five hours of unsupervised visitation with the children each Saturday.

On August 4, 1998, DFS received a hotline report alleging that an unrelated, two-year-old girl residing in Father and Mother’s home had been sexually molested by another individual staying at the home. The trial court terminated Father and Mother’s visitation rights on August 13, 1998, due to this incident. On August 24, 1998, Mother was issued an adult ex parte order of protection against Father. Mother separated from Father on August 25, 1998, and filed for divorce.

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Bluebook (online)
9 S.W.3d 768, 2000 Mo. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dlw-v-rc-moctapp-2000.