Greene County Juvenile Office v. C.N.B.

408 S.W.3d 805, 2013 WL 5273341, 2013 Mo. App. LEXIS 1088
CourtMissouri Court of Appeals
DecidedSeptember 18, 2013
DocketNos. SD 32472, SD 32474
StatusPublished
Cited by9 cases

This text of 408 S.W.3d 805 (Greene County Juvenile Office v. C.N.B.) 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
Greene County Juvenile Office v. C.N.B., 408 S.W.3d 805, 2013 WL 5273341, 2013 Mo. App. LEXIS 1088 (Mo. Ct. App. 2013).

Opinion

DON E. BURRELL, J.

C.N.B. (“Mother”) appeals the judgments terminating her parental rights in, to, and over her children, C.M.H. and S.F.H. (“the children”). Because the relevant facts and legal issues are nearly identical, we address both appeals in this con[808]*808solidated opinion.1 See section 211.447.2 In five points relied on, Mother contends the trial court erred in terminating her parental rights because there was: (1) insufficient evidence that Mother had neglected the children; (2) no evidence that Mother had abused the children;3 (3) insufficient evidence that Mother failed to rectify the conditions “which led to the assumption of jurisdiction ... and there is little likelihood that those conditions can be remedied at an early date so that the [cjhildren could be returned to [Mother] in the near future” (“failure to rectify”); (4) insufficient evidence that termination of parental rights was in the best interests of the children when “termination would deprive the [cjhildren of future rights to support and inheritance” and end “the mother-child relationship with no foreseeable replacement for the [c]hildren”; and (5) a “violation of Mother’s due process rights under the [Fourteenth] Amendment to the U.S. Constitution and Article 1 of the Missouri Constitution” in “not exploring]” “less drastic alternatives to termination[.]”

Under the rare circumstances present in this case,4 we find Mother’s fourth point to have merit. The trial court abused its discretion in concluding — based on its factual findings and the evidence adduced at trial — that the termination solely of Mother’s parental rights was in the best interests of the children. As a result, we reverse the judgments and remand the cases for further proceedings consistent with section 211.477 and this opinion.5

Applicable Principles of Review and Governing Law

We will affirm a judgment terminating parental rights

unless the “record contains no substantial evidence to support the decision, the decision is against the weight of the evidence, or the trial court erroneously declares or applies the law.” Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). See also [In the Interest of] A.S.W., 137 S.W.3d [448,] 452 [(Mo. banc 2004) ]. As a practical matter, this means the judgment will be reversed “only if we are left with the firm belief that the order was wrong.” In the In[809]*809terest of T.G., 965 S.W.2d 326, 332 (Mo.App.W.D.1998). Of utmost concern in parental rights cases is the best interests of the children. In the Interest of J.K. and R.T.H., 38 S.W.3d 495, 499 (Mo.App.W.D.2001). Conflicting evidence will be reviewed in the light most favorable to the judgment of the trial court. A.S.W., 137 S.W.3d at 452.
However, because parental rights are a fundamental liberty interest, statutes that provide for the termination of parental rights are strictly construed in favor of the parent and preservation of the natural parent-child relationship. Id. at 454. “The termination of parental rights is the exercise of an awesome power, and should not be done lightly.” In the Interest of P.D., 144 S.W.3d 907, 910 (Mo.App.E.D.2004). The decision to terminate such rights, therefore, will be reviewed closely.

In re S.M.H., 160 S.W.3d 355, 362 (Mo. banc 2005). “The termination of parental rights has been characterized as tantamount to a ‘civil death penalty.’ ” In re K.A.W., 133 S.W.3d 1, 12 (Mo. banc 2004) (citations omitted).

Termination of parental rights under chapter 211 requires a two-step process.

First, the trial court must find that one statutory ground for termination of parental rights exists. Section 211.447.6. The trial court’s finding must be supported by “clear, cogent and convincing evidence that grounds exist for termination pursuant to subsection 2, 4 or 5 of [section 211.447].” Id. Evidence is clear, cogent and convincing, if it “instantly tilts the scales in favor of termination when weighed against the evidence in opposition and the finder of fact is left with the abiding conviction that the evidence is true.”

In re B.J.H. 356 S.W.3d 816, 823-24 (Mo.App.W.D.2012) (quoting K.A.W., 133 S.W.3d at 12). “Where the [trial c]ourt finds multiple statutory grounds for termination of parental rights, in order to affirm the judgment, we need only find that one of the statutory bases was proven and that the termination was in the best interest of the child.” In re K.A.W., 220 S.W.3d 310, 315-16 (Mo.App.S.D.2007).

If the first step is satisfied, the trial court must next consider “whether terminating parental rights is in the best interests of the child. Section 211.447.6.” B.J.H. 356 S.W.3d at 824. “In any termination of parental rights, the primary concern must be the best interests of the child.” In re A.B.M., 17 S.W.3d 912, 915 (Mo.App.S.D.2000). The trial court must find, by a preponderance of the evidence, that termination of a parent’s rights is in the best interests of the child based on a subjective assessment of the totality of the circumstances. In re T.L.B., 376 S.W.3d 1, 13 (Mo.App.S.D.2011). “[0]n appeal, the standard of review is abuse of discretion.” In re Adoption of C.M.B.R., 332 S.W.3d 793, 816 (Mo. banc 2011); In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004). “Judicial discretion is abused when a court’s ruling is clearly against the logic of the circumstances then before the court and so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” In re A.S., 38 S.W.3d 478, 486 (Mo.App.S.D.2001).

Facts and Procedural Background

Viewed in the light most favorable to the judgments, the facts are as follows. C.M.H. was born in June 2007, and S.F.H. was born in January 2009.

An investigator for the Missouri Department of Social Services, Children’s Division (“the Children’s Division”), Lara Chism, contacted Mother on June 24, 2010, [810]*810after receiving a report that Mother had not filled prescriptions ordered for S.F.H. to treat ear and upper respiratory infections. Chism observed that Mother “had a black eye[,]” and Mother said that the father of S.F.H. was in jail as a result of domestic violence between them.

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408 S.W.3d 805, 2013 WL 5273341, 2013 Mo. App. LEXIS 1088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-county-juvenile-office-v-cnb-moctapp-2013.