In Re At

88 S.W.3d 903
CourtMissouri Court of Appeals
DecidedNovember 21, 2002
Docket24900
StatusPublished

This text of 88 S.W.3d 903 (In Re At) 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 Re At, 88 S.W.3d 903 (Mo. Ct. App. 2002).

Opinion

88 S.W.3d 903 (2002)

In the Interest of A.T., A Minor Child.
J.K.T., biological mother of A.T., A Minor Child, Appellant,
v.
State of Missouri, Greene County Juvenile Office, Respondent.

No. 24900.

Missouri Court of Appeals, Southern District, Division Two.

November 21, 2002.

*904 Christopher A. Hazelrigg, Hazelrigg, Roberts & Easley, Springfield, for appellant.

Bill Prince, Springfield, for respondent.

KENNETH W. SHRUM, Judge.

J.K.T. ("Mother") appeals a judgment that terminated her parental rights to A.T., her son.[1] The court found evidence *905 existed to support three statutory termination grounds, namely, A.T. had been (1) in foster care for at least fifteen of the most recent twenty-two months before the termination petition was filed (§ 211.447.2(1)); (2) abused or neglected (§ 211.447.4(2)(a-d)); and (3) under the juvenile court jurisdiction for a year without Mother rectifying the conditions that led to the court's assumption of jurisdiction (§ 211.447.4(3)).[2] Additionally, the court found termination of Mother's rights was in A.T.'s best interest.

Mother's appeal does not challenge the trial court's finding that the first termination ground existed, i.e., A.T. in foster care for the fifteen-month period prescribed in § 211.447.2(1).[3] Accordingly, we only review the part of Mother's point that claims insufficient evidence exists to support the trial court's "best interest" finding. See M.J. v. Greene County Juvenile Office, 66 S.W.3d 745, 748 (Mo.App. 2001).[4] Finding no merit in that claim, we affirm the judgment.

STANDARD OF REVIEW AND STATUTORY PROVISIONS

The standard of review that normally attends in court-tried cases applies in parental termination litigation. In re N.B., 64 S.W.3d 907, 914 (Mo.App.2002). This means we will affirm the judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Id. at 914[6]. The facts and reasonable inferences are viewed in the light most favorable to the judgment with due regard given to the trial court's determination of witness credibility. In re A.R., 52 S.W.3d 625, 633[2] (Mo.App.2001).

Under § 211.447.5, a juvenile court is empowered to terminate a parent-child relationship "if the court finds that the termination is in the best interest of the child and when it appears by clear, cogent and convincing evidence that grounds exist for termination pursuant to subsection 2, 3, or 4 of [§ 211.447]." See In re J.M., 1 S.W.3d 599[2] (Mo.App.1999). Case law confirms what § 211.447.5 clearly states, namely, that only one statutory ground for termination need be pleaded and proven; any termination ground, however, must be proven by evidence that meets the clear, cogent, and convincing standard. In re M.J., 66 S.W.3d at 748; In re A.S.O., 52 S.W.3d 59, 64 (Mo.App.2001). On the other hand, the best interest ruling in a parental termination case is reviewed per the abuse of discretion standard. In re A.S., 38 S.W.3d 478, 486[19] (Mo.App.2001).

FACTS

The circuit court of Mississippi County, Missouri, held a jurisdictional hearing regarding A.T. on September 8, 1998. As a result, A.T. was adjudged to be abused and neglected. On April 20, 1999, the same court ordered A.T. "continued in the temporary legal and physical custody of the *906 [DFS]." (Emphasis supplied.) Jurisdiction of A.T. was transferred to Greene County, Missouri, on June 14, 1999.

Ultimately, a deputy juvenile officer of Greene County filed a petition to terminate Mother's parental rights and alleged various grounds for termination. In part, the juvenile officer alleged A.T. had been in foster care for fifteen of the most recent twenty-two months, and termination was in A.T.'s best interest.[5] The trial court found that the evidence supported those allegations. On appeal, however, Mother has neither challenged the trial court's finding that A.T. had been in foster care for fifteen of the prior twenty-two months, nor has she provided us with a record from which we can fully review that finding ex gratia. See n. 4 and n. 5. Consequently, we limit our recital of the facts to those necessary to decide if sufficient evidence exists to support the trial court's finding that termination was in A.T.'s best interest.

Mother has an extensive history with the Division of Family Services ("DFS"). Because she was unable to protect and care for two older sons (ages 16 and 14 as of June 8, 2001), the State of Illinois took custody of them when the boys were ages four and two. As to A.T. and his sister, E.T., they were primarily raised by their maternal grandmother. As the children got older, Mother and grandmother began using "family friends," Tommy and Dee Bewley, as respite providers, and "it came to the point where [A.T.] was spending more than 90% of his time there."[6] Nearly one year after A.T. "came into the DFS system on allegations that [Mother] was not providing adequate care and supervision[,]" DFS learned the respite providers (Bewleys) had sexually, physically, mentally, and emotionally abused A.T. and his sister.[7]

Mark Bradford, a clinical psychologist who tested and evaluated A.T., determined A.T. had a full scale I.Q. of 50. His detailed report included the following:

"[A.T.'s] problem[s] are multi-determined and partially due to a lack of correct social skills and educational training as a child, combined with natural deficits that would hinder him no matter where he might be placed. To complicate those issues, it would appear this child has been neglected and sexually abused, further exacerbating his problems. It was as if his mother was mentally and emotionally unavailable for this child.... From our records, it appears that his mother was mentally retarded, *907 unable to understand, nurture and guide this child, leaving him on his own recognizance."

Bradford also tested and evaluated Mother, and he found her full scale I.Q. score was 53. Additionally, Bradford's report regarding Mother revealed, inter alia:

"Family functioning has ... contributed to her problems. It appears she was sexually abused as a child.... She seems permanently stultified, as if trapped in childhood, perhaps never having resolved these issues or perhaps accepting the abuse of children as somewhat normal. She genuinely seems unaware of the needs of children for protection and guidance in these areas, and seems at a loss to know what to do to protect children."
....
"She is a highly ineffectual, concrete woman who functions more like a needy adolescent than a 33 year old adult. In fact, she appears to be developmentally stuck in early adolescence, having little insight into her own problems. She appears to lack the ability to problem solve realistically. She was lacking introspection and largely unaware of the needs of her children.

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Related

In Interest of M.J. v. Greene County Juvenile Office
66 S.W.3d 745 (Missouri Court of Appeals, 2001)
State v. Bewley
68 S.W.3d 613 (Missouri Court of Appeals, 2002)
In Interest of CKG
827 S.W.2d 760 (Missouri Court of Appeals, 1992)
In the Interest of J. M.
1 S.W.3d 599 (Missouri Court of Appeals, 1999)
Greene County Juvenile Office v. K.D.B.
30 S.W.3d 868 (Missouri Court of Appeals, 2000)
Juvenile Officer v. R.L.O.
52 S.W.3d 59 (Missouri Court of Appeals, 2001)
Juvenile Officer v. D.R.
52 S.W.3d 625 (Missouri Court of Appeals, 2001)
L.B. v. Jasper County Juvenile Office
64 S.W.3d 907 (Missouri Court of Appeals, 2002)
In the Interest of B.S.B. v. G.S.B.
76 S.W.3d 318 (Missouri Court of Appeals, 2002)

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Bluebook (online)
88 S.W.3d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-at-moctapp-2002.