In Interest of JKC

841 S.W.2d 198, 1992 WL 213144
CourtMissouri Court of Appeals
DecidedSeptember 8, 1992
DocketWD 45146
StatusPublished
Cited by1 cases

This text of 841 S.W.2d 198 (In Interest of JKC) 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
In Interest of JKC, 841 S.W.2d 198, 1992 WL 213144 (Mo. Ct. App. 1992).

Opinion

841 S.W.2d 198 (1992)

In the Interest of J.K.C., Jr., (a minor) and T.F.C. (a minor).
John R. JOHNSTON, Chief Juvenile Officer, Respondent,
v.
J.K.C., Sr., and L.C.C., (Natural Parents), Appellants.

No. WD 45146.

Missouri Court of Appeals, Western District.

September 8, 1992.
Motion for Rehearing and/or Transfer Denied October 27, 1992.
Application to Transfer Denied December 18, 1992.

*199 Dean A. Davidson, St. Joseph, for appellants.

James A. Nadolski, St. Joseph, for respondent.

Barbara Braznell, St. Joseph, Guardian Ad Litem.

Before SHANGLER, P.J., and KENNEDY and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 27, 1992.

KENNEDY, Judge.

This is an appeal by James K.C. and Louise C.C. from a judgment terminating their parental rights to their children, James K.C., Jr. (Jimmy), born November 11, 1981, and Tina Faye C., born June 24, 1987. An earlier juvenile court order terminating the parents' parental rights to the children was reversed by this court because of ineffective assistance of counsel for the parents. In the Interest of J.C., 781 S.W.2d 226 (Mo.App.1989).

Termination of parental rights is to be ordered only upon "clear, cogent and convincing" evidence of a statutory ground for termination, Section 211.447.2, RSMo 1986.[1] Surely, no less exacting standard of proof could warrant the exercise of the solemn power permanently and irrevocably to terminate parental rights. The termination of parental rights is always and everywhere regarded as a drastic action, S.K.L. v. Smith, 480 S.W.2d 119, 123 (Mo.App.1972). Our standard of review is that of Rule 73.01, as interpreted by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

*200 With reference to each of the two children, the petition alleges two grounds for termination of parental rights. The first is that the child has been adjudicated to have been abused or neglected. Section 211.447.2(2).

The second ground was framed under the terms of Section 211.447.2(3). It was that the child had been under the jurisdiction of the juvenile court for a period of one year, and the conditions continue to persist which led to the assumption of jurisdiction, and there was little likelihood those conditions would be remedied at an early date so the child could be returned to the parent in the near future. The petition alleged the continuation of the parent-child relationship greatly diminished the child's prospects for early integration into a stable and permanent home.

Both statutory grounds require the court to consider and make findings with respect to any permanent and irreversible mental condition on the part of the parent "which renders the parent unable to knowing provide the child the necessary care, custody and control." Sections 211.447.2(2)(a) and 211.447.2(3)(c). The presence of such a mental condition does not furnish independent grounds for termination of parental rights, but is a factor for the court's consideration.

Both James C. and Louise C. are mildly mentally retarded. They have IQ's of 61 or 62. "Mild mental retardation" ranges from an IQ of 50 to 70. What this means in terms of actual limitations upon James's and Louise's abilities will be considered later in this opinion.

Jimmy was born November 11, 1981. At the time of the trial, (December, 1990 and January, 1991), he was nine years old. His history was as follows: He was removed from his parents' custody by order of the juvenile court on November 16, 1981, when he was five days old. He was first placed with a maternal aunt, but the maternal aunt became ill and he was placed in another foster home. On May 5, 1983, the child was returned to his parents and he remained with them, under DFS supervision, until he was five and one-half years old. On January 20, 1987, he was again taken from his parents by order of the juvenile court and placed in the custody of DFS, who placed him in a foster home. He has not resided in his parents' home since that time.

Tina Faye was born June 24, 1987. On the second day of her life, the juvenile court, because "the natural parents are incapable of properly parenting said child due to mental limitations," ordered her into the custody of the Division of Family Services. She was taken from the hospital of her birth and apparently has never seen the interior of her parents' home. She has been in foster care her whole life.

Although the cases are inevitably interrelated, this one case is actually four, with several common features. One case involves the parent-child relationship between James C. and Jimmy. A second case involves the parent-child relationship between Louise C. and Jimmy. A third case involves the parent-child relationship between James C. and Tina Faye C. A fourth case involves the parent-child relationship between Louise C. and Tina Faye C. The severance of one or more, but less than all, of those relationships does not necessarily call for the severance of any or all of the others. Each parent has parental rights with respect to each child, and each child has filial rights with respect to each parent. They may not be lumped together and disposed of wholesale with a single stroke. We will consider the four cases separately.

JAMES AND JIMMY

This case's magnetic center is the mental retardation of the two parents. The evidence clusters around that point. James C., as noted above, is "mildly mentally retarded." He was 52 years old at the time of the hearing. The fact of James's mental retardation, the testifying psychologists and psychiatrists agreed, does not ipso facto disqualify him as a parent.[2] Dr. Cox *201 gave the opinion that James would be unable to supervise Louise (his wife) and two children; that would be too much for him. Louise, according to the psychiatrists' testimony, is at the same time childlike and obstreperous, and taxes James's patience.

James himself testified at the hearing. His testimony was lucid, articulate and insightful. One would not suspect from reading his testimony he was of less than normal intelligence. The daily affairs of life he copes with adequately. He pays his bills, purchases household needs, has negotiated the purchase of a washer and dryer, and has had his residence repaired and improved. He can cook "some things." "I've got the Progressive Board coming in once a week. They ain't been out very long. My first dish was a oven-fried chicken, and the other one was a casserole, a tuna casserole, and the last one was a barbecued chicken." He can use the telephone. He can tell time. He travels by city bus and, even though he is unable to read, he knows which busses to ride. He knows directions. He appreciates the value of money, and Louise's extravagance is a source of distress to James and of dissension between Louise and himself. He has taken the initiative in learning to read. His tutor, the Reverend Mr. Lawson, a retired Methodist minister, testified James had faithfully attended weekly reading sessions, that he was cooperative and "very intense in trying to learn the material," and that he was making progress. James, during his testimony, demonstrated an elementary ability to read, then added: "That's what I have learned in the past eight weeks.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Juvenile Officer v. Hardin
871 S.W.2d 651 (Missouri Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
841 S.W.2d 198, 1992 WL 213144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-jkc-moctapp-1992.