In Re BJK

197 S.W.3d 237, 2006 WL 2129059
CourtMissouri Court of Appeals
DecidedAugust 1, 2006
DocketWD 66556
StatusPublished
Cited by6 cases

This text of 197 S.W.3d 237 (In Re BJK) 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 BJK, 197 S.W.3d 237, 2006 WL 2129059 (Mo. Ct. App. 2006).

Opinion

197 S.W.3d 237 (2006)

In the Interest of B.J.K. and J.R.K.
Juvenile Officer, Respondent,
v.
M.S. (Mother), Appellant,
J.P.K. (Father) and Any and All Potential Fathers to J.R.K., Defendants.

No. WD 66556.

Missouri Court of Appeals, Western District.

August 1, 2006.

*238 Chad A. Stewart, St. Joseph, MO, for Respondent.

Dawn M. Williams, St. Joseph, MO, for Appellant.

Before EDWIN H. SMITH, C.J., and SPINDEN and SMART, JJ.

EDWIN H. SMITH, Chief Judge.

M.S. (Mother) appeals from the judgment of the Circuit Court of Buchanan County, Juvenile Division, terminating her parental rights to her children, B.J.K. and J.R.K., pursuant to § 211.447.4(3).[1]

Mother raises one point on appeal. She claims that the juvenile court erred in terminating her parental rights to B.J.K. and J.R.K., pursuant to § 211.447.4(3), based on its findings that the children had "been under the jurisdiction of the Juvenile Court for a period in excess of one year"; that the "conditions, which led to the assumption of jurisdiction . . . still persisted"; and, that there was "little likelihood that these conditions will be remedied at an early date so that the children could be placed in the care and custody of their mother or father in the near future"; "because the finding that the conditions which led to the assertion of juvenile court jurisdiction could not be remedied at an early date so that the children could be returned to the parent in the near future is not supported by substantial evidence."

We affirm.

Facts

B.J.K., born on February 16, 2002, and J.R.K., born on March 14, 2003, are the natural children of Mother, who was born on May 23, 1978, and was twenty-seven years old at the time of trial. Mother has one other child, an older daughter who has always resided with Mother. J.P.K. is the natural father of B.J.K. The natural father of J.R.K. is unknown.

In April of 2003, Children's Services for the State of Missouri responded to a child abuse and neglect report. After investigating the report, the investigating agent, Cathy Coy, alleged that Mother, due to her admitted drug use at the time and throughout her pregnancy with J.R.K., did not provide adequate care for her children. Drug tests on April 18, 2003, and April 23, 2003, revealed positive results for cocaine, marijuana, and methamphetamine. The allegations of abuse and neglect were substantiated by the assigned Child Services caseworker, Cindy Gibson, resulting in the children being taken into custody by the Children's Division on April 23, 2003.

A Family Support Team (FST) meeting was conducted by the Children's Division on May 1, 2003. During the meeting, a social services plan to aid in the reunification of Mother with B.J.K. and J.R.K. was discussed. On the same day as the meeting, Mother entered an inpatient substance abuse treatment program at the Pioneer Program in St. Joseph, Missouri, which she successfully completed. The social services plan was signed by the Children's Division on June 2, 2003, and by Mother on June 8, 2003.

Pursuant to the social services plan entered into by Mother, she agreed to: (1) successfully complete an inpatient drug *239 treatment program; (2) submit to random urinalysis testing; (3) obtain and maintain stable housing; (4) seek employment; (5) attend drug counseling classes; (6) remain drug-free; (7) contact the Children's Division caseworker if she relapsed; (8) cooperate with all service providers; and (9) be calm and respectful when dealing with service providers. In an effort to assist Mother in meeting the terms of her social services plan, the Children's Division attempted to coordinate services, communicate with Mother regarding the children, arrange and facilitate FST meetings, notify Mother of any concerns regarding compliance with the terms of the social services plan, and support Mother in her efforts to remain drug- and alcohol-free.

Having completed the Pioneer Program drug treatment program and engaging in outpatient treatment, B.J.K. and J.R.K. were returned to Mother on September 30, 2003. Shortly afterwards, however, five hotline reports were received by the Children's Division concerning Mother, alleging drug use, leaving the children locked in a room, leaving the children unattended in a car, and Mother's using third-party urine to falsify required drug testing. Mother stopped participating in outpatient substance abuse treatment and was eventually arrested on December 20, 2003, for shoplifting. A conference was held by the Children's Division on December 29, 2003, at which time Mother admitted to continued drug use, including but not limited to IV drug use. As a result of Mother's continued substance problems, the children were voluntarily placed in the home of J.P.K., the biological father of B.J.K.

While the children were living with J.P.K., Mother continued to use illegal drugs, including methamphetamines, hydromorphone, marijuana, dilaudids, and OxyContin. On March 2, 2004, the Children's Division assisted Mother in gaining entrance into the Hannibal Council on Alcohol and Drug Abuse inpatient treatment facility, located in Hannibal, Missouri. However, Mother was unable to successfully complete the program and voluntarily left on March 10, 2004.

In March of 2004, Mother and J.P.K. began attending family counseling sessions at Catholic Charities in St. Joseph in an effort to reunify the family. Around that time, after a meeting with the Children's Division, Mother agreed to participate in an inpatient substance abuse treatment program at Preferred Family Healthcare in Trenton, Missouri, which she successfully completed in May of 2004.

While the children were in the care and custody of J.P.K., he tested positive for methamphetamines on June 7, 2004, violating the conditions of his probation. The record on appeal does not indicate the reason for his being on probation. As a result, the children were taken into protective custody by the Children's Division on June 8, 2004, and placed in foster care.

In July of 2004, Mother again began attending outpatient substance abuse treatment, but was unsuccessfully discharged in September of 2004 due to sporadic attendance and continued drug use. Mother also became involved with Narcotics Anonymous. The children were moved to a relative placement in July of 2004 and then to another foster home in January of 2005.

Several FST meetings were scheduled between June and August of 2004, which both Mother and J.P.K. failed to attend. On September 21, 2004, both parents did attend a scheduled FST meeting at which they admitted to using drugs. A urine test confirmed that Mother had been using methamphetamines, cocaine, opiates, amphetamines, and oxycodone.

*240 A social services plan was entered into with Mother and J.P.K. on September 17, 2004, providing that both parents: (1) would attend and participate in drug treatment classes; (2) would attend and participate in family counseling; (3) would submit to random drug testing; (4) would provide all written reports regarding drug treatment to the Children's Division; (5) would maintain employment; (6) would not allow any other individuals to live with them; (7) would call the foster parents only once a week to speak with the children; and (8) would be truthful in all statements made to service providers.

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

Related

Juvenile Officer of St. Louis County v. M.W.
394 S.W.3d 457 (Missouri Court of Appeals, 2013)
Greene County Juvenile Office v. B.D.W.
342 S.W.3d 353 (Missouri Court of Appeals, 2011)
D.L.M. v. Greene County Juvenile Office
354 S.W.3d 645 (Missouri Court of Appeals, 2011)
C.V.E. v. Greene County Juvenile Office
330 S.W.3d 560 (Missouri Court of Appeals, 2010)
In the Interest of M.N. v. Juvenile Officer
277 S.W.3d 843 (Missouri Court of Appeals, 2009)
Sieg v. Sieg
255 S.W.3d 20 (Missouri Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
197 S.W.3d 237, 2006 WL 2129059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bjk-moctapp-2006.