H.W.C. v. D.A.H.

1 S.W.3d 524, 1999 WL 452198
CourtMissouri Court of Appeals
DecidedJuly 6, 1999
DocketNo. WD 56538
StatusPublished
Cited by10 cases

This text of 1 S.W.3d 524 (H.W.C. v. D.A.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
H.W.C. v. D.A.H., 1 S.W.3d 524, 1999 WL 452198 (Mo. Ct. App. 1999).

Opinion

BRECKENRIDGE, Chief Judge.

This case involves two competing petitions to adopt M.F., a minor female child. The petitions were filed by H.W.C. and M.V.N., a married couple unrelated to M.F., and M.F.’s paternal aunt, D.A.H. (Aunt). H.W.C. and M.V.N. appeal the trial court’s judgment denying their petition to adopt M.F. and granting Aunt temporary custody of M.F. H.W.C. and M.V.N. claim that the trial court erred in (1) excluding the testimony of a licensed clinical social worker regarding the degree of bonding and attachment between themselves and the child and the effects of disrupting that bonding and attachment; (2) excluding the testimony of M.F.’s biological father regarding his relationship with his family and his opposition to Aunt’s adoption of M.F.; (3) requiring written offers of proof; (4) denying H.W.C. and M.V.N.’s motion to dismiss Aunt’s petition for adoption for lack of jurisdiction; (5) making several findings of fact which were unsupported by the evidence and against the weight of the evidence; (6) failing to consider crucial factors in determining M.F.’s best interests; (7) giving inappropriate weight to certain factors in determining M.F.’s best interests; and (8) exhibiting bias and prejudice in favor of Aunt and against H.W.C. and M.V.N. which precluded a fair weighing of the evidence. [528]*528Because this court finds that the trial court lacked subject matter jurisdiction over Aunt’s petition to adopt M.F. and its judgment denying H.W.C. and M.V.N.’s petition to adopt M.F. is against the weight of the evidence, the judgment of the trial court is reversed.

Factual and Procedural Background

M.F. was born on February 21, 1996 in Kansas City, Missouri. Her biological mother, J.S. (Mother), who is Caucasian, and her biological father, R.A. (Father), who is African American, were not married to each other. Mother was married to another man at the time of M.F.’s birth, and her husband thereby became M.F.’s legal, but not biological, father. When M.F. was approximately one month old, Mother contacted an attorney regarding placing M.F. for adoption. The attorney then contacted Marie Cook, a social worker at Adoption Counseling, Inc. (formerly known as Associates in Adoption Counseling, Inc.). On March 29, 1996, M.F. was placed in foster care in Jackson County.

Ms. Cook showed Mother numerous profiles of potential adoptive parents for M.F. After meeting and talking to H.W.C. and M.V.N., a Caucasian couple who reside in Columbia, Missouri, Mother selected them to adopt M.F. H.W.C. is a psychologist employed by the Missouri Division of Youth Services, while M.V.N., also a psychologist, is employed by the Missouri Department of Corrections, Division of Offender Rehabilitative Services. H.W.C. and M.V.N. have a seven-year-old biracial son whom they adopted in 1992. Their son is Native American and African American.

On April 16, 1996, Mother and her husband, M.F.’s legal but not biological father, signed consents to M.F.’s adoption. In Mother’s consent, she stated that she was consenting to the adoption of M.F. “by a couple who are approved and recommended by Associates in Adoption Counseling, Inc., and who are clients of Marilyn Shapiro.” H.W.C. and M.V.N. were approved and recommended by Associates in Adoption Counseling, Inc. and were clients of Marilyn Shapiro at the time Mother signed her consent. On April 18 and 26, 1996, Family Court Commissioner Geoffrey Allen entered orders approving Mother’s consent to the adoption, finding that she “specifically” consented to the adoption of M.F. by a couple who were approved by the adoption agency and who were clients of Marilyn Shapiro. On April 23, 1996, H.W.C. and M.V.N. filed a petition for transfer of custody and adoption of M.F. Commissioner Allen then appointed Ms. Cook “to conduct the investigation of all relevant parties to this adoption proceeding.” Ms. Cook completed a home assessment of H.W.C. and M.V.N., and recommended them as adoptive parents for M.F. On May 1, 1996, Commissioner Allen entered an order transferring temporary custody of M.F. to H.W.C. and M.V.N.

Meanwhile, on April 23, 1996, Aunt, a medical malpractice defense attorney who resides in Potomac, Maryland, was notified by her sister-in-law that her youngest brother, Father, had fathered M.F. and that M.F. was being placed for adoption. Aunt called and left messages for Ms. Cook several times to inform her that she was interested in adopting M.F. Aunt also contacted Mother and spoke with her twice in an attempt to get more information about M.F. After several days had passed since Aunt had initially contacted her, Ms. Cook left a message on Aunt’s answering machine. In her message, Ms. Cook stated that she did not have any child in her custody who was related to anyone in Aunt’s family, but she would be happy to work with Aunt on placement of another child, upon receipt of a valid home study. Aunt then spoke to Ms. Cook twice on the phone. In those conversations, Aunt asked Ms. Cook how she knew that she did not have any child relatéd to Aunt’s family in her custody. Ms. Cook did not tell her, citing a concern for confidentiality. Aunt told Ms. Cook that she wanted to do what[529]*529ever was necessary to adopt M.F., and that Ms. Cook needed to let those persons who were considering adopting M.F. know that she wanted to adopt her.

Prior to the May 1, 1996 transfer of custody hearing, Ms. Cook informed H.W.C. and M.V.N. that Aunt was inquiring about adopting M.F. or some other child. In the home assessment she prepared and submitted to the court during the transfer of custody hearing, however, Ms. Cook did not report that she had been contacted by Aunt regarding placement of M.F. with her.

Between May 4 and 5, 1996, Aunt contacted the Jackson County Circuit Court to get guidance on what she needed to do to file a petition for adoption. On May 16, 1996, Aunt sent a letter addressed to the Jackson County Courthouse Adoption Department stating that she was M.F.’s paternal aunt and was contesting M.F.’s pending adoption. She also stated that she and her fiancé, Roger Houston, were petitioning to adopt M.F. She sent a petition for adoption with her letter. Because it was missing a form, the petition was not filed with the court at that time. Aunt’s letter was filed with the court, however.

After sending the letter and petitions to the Jackson County Circuit Court, Aunt had a third conversation with Ms. Cook. In this conversation, Ms. Cook told Aunt that she was 99% sure that Father was not M.F.’s father because Mother had told Ms. Cook he was not. Health care workers at a hospital who had treated M.F. had told Ms. Cook that M.F. was not a biracial child, as M.F. appears to be Caucasian. Aunt testified that Ms. Cook told her she would not recommend Aunt be allowed to adopt M.F. and that, without her recommendation, the court would not permit Aunt to adopt M.F.

Fourteen months later on July 80, 1997, Aunt filed a petition to adopt M.F. Aunt testified that a major reason why she did not take any formal action during this fourteen month period was that Ms. Cook had told her she was 99% sure that Father was not M.F.’s father. Thereafter, on September 25, 1997, Mother sent a letter to the trial court stating that she was withdrawing her consent to M.F.’s adoption. In the letter, Mother stated that she and Father did not believe that any of Father’s family members, including Aunt, were appropriate placement options, and it was Mother’s belief that M.F.’s placement with Aunt would create a “terrible conflict” within Aunt and Father’s family. The court treated her letter as a motion to revoke her consent.

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Bluebook (online)
1 S.W.3d 524, 1999 WL 452198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hwc-v-dah-moctapp-1999.