In Re CFC

156 S.W.3d 422, 2005 WL 288681
CourtMissouri Court of Appeals
DecidedFebruary 8, 2005
DocketED 84019
StatusPublished

This text of 156 S.W.3d 422 (In Re CFC) 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 CFC, 156 S.W.3d 422, 2005 WL 288681 (Mo. Ct. App. 2005).

Opinion

156 S.W.3d 422 (2005)

In the Interest of C.F.C., A Minor.

No. ED 84019.

Missouri Court of Appeals, Eastern District, Division Three.

February 8, 2005.

*424 Christopher M. Braeske, St. Louis, MO, for Appellant.

Carol K. Bader, St. Louis, MO, for Respondent.

Adrienne L. Schaffer-James, Clayton, MO, for Juvenile.

GEORGE W. DRAPER III, Chief Judge.

A.D.S. (hereinafter, "Mother") appeals from the judgment terminating her parental rights to her five-year-old son, C.F.C. (hereinafter, "Child").[1] She challenges the *425 trial court's finding that three grounds for termination exist pursuant to Sections 211.447.2(1), 211.447.4(2), and 211.447.4(3), RSMo 2000.[2] We reverse and remand.

Between June and December of 2001, the Division of Family Services (hereinafter, "DFS") received three separate reports that Child's 1-year old sister, E.R.M. (hereinafter, "Sister"), had unexplained injuries. DFS questioned Mother after the first two reports. She responded that Child hit, scratched, and bit Sister, as well as other children. Mother also confirmed an additional report that Child overdosed on his prescription medication. DFS suspected Mother neglected her children. Upon receiving the third report about Sister's injuries, DFS contacted the police, who took Child and Sister into protective custody on December 10, 2001. The next day, DFS placed Child in Our Little Haven, a residential facility for children with special needs, where he currently resides.[3]

At the request of DFS, Mother underwent a psychological evaluation on February 12, 2002. In his evaluation report, Dr. Robert Schlitt opined that Mother had significant learning disabilities and functioned overall in the mild mental retardation range. He questioned whether she could function without having another responsible adult in the household and whether she had even minimal parenting skills and judgment. He recommended that she receive treatment from a clinical therapist, a family therapist, and a psychiatrist. DFS also referred a social worker, Michael Mehan, to her and he counseled her weekly in her home for at least the next two years.

After a hearing on April 22, 2002, the trial court found Child lacked proper care. The court took jurisdiction over him and assigned DFS legal custody. The court also ordered Mother to begin family counseling and to continue seeing a psychiatrist and participate in Parents as Teachers. That same day, Mother and DFS signed, and the court later approved, a written social service plan for family reunification. The plan ordered DFS to help Mother comply with the following requirements: (1) visit Child twice a month; (2) make financial contributions to his support; (3) obtain a psychological evaluation; (4) obtain and maintain housing; and (5) participate in psychological counseling and parenting classes.

Over the next year, Mother performed most of the tasks to some extent, and therefore, she did fail to completely comply. Specifically, she failed to pay for Child's support, although she did provide gifts and food for Child during her visits, even though some of the gifts were inappropriate, according to DFS. She consistently visited Child twice a month as allowed by the court. A DFS worker testified that during the visits Mother usually engaged in appropriate activities with Child, such as singing songs, reading books, and playing with Legos. Mother obtained a psychological evaluation and participated consistently in her psychological counseling. She participated in Parents as Teachers more sporadically. She completed parenting classes in July 2003 after the termination petition was filed.

Later, the court also ordered her to use the parent aide services of the St. Louis Regional Center and to continue taking GED classes. Again, Mother performed most of the assigned tasks to some extent. *426 However, she did not utilize the Regional Center's housing services because she refused to share an apartment with another mother, as the Center would require. She also turned down the employment services offered by the Center because she already had a job and felt capable of finding another one on her own in the future, if necessary.

On three occasions after the trial court assumed jurisdiction over Child, the court reviewed the progress Mother and DFS made regarding the social service plan and the court updated the permanency plan for the placement of Child. After the third permanency hearing on May 23, 2003, the court cancelled the social service plan and referred the matter to the Juvenile Officer for termination. The court explained that further efforts by DFS to reunite Mother and Child would be fruitless and inconsistent with establishing a permanent placement for Child. The Juvenile Officer then filed a petition to terminate Mother's parental rights. The trial court held a bench trial. At the time of the termination hearing, Mother lived at her grandmother's house with her young son (half-brother to Child). Child still lived in a residential care facility, did not have a foster family, and there was no permanent placement available for him.

On December 4, 2003, the court entered a judgment terminating Mother's parental rights to Child. The court found that termination was in Child's best interest and that three separate grounds for termination existed pursuant to Sections 211.447.2(1), 211.447.4(2), and 211.447.4(3). Mother appeals the trial court's judgment, arguing that there was insufficient evidence to support any of these grounds for termination.

Section 211.447 governs the termination of parental rights. It authorizes termination if the trial court finds that one of the grounds for termination exist and that the termination of parental rights is in the best interest of the child. Section 211.447.5. The State bears the burden of proving substantial evidence to support the grounds. Grounds for termination must be supported by clear, cogent and convincing evidence. In the Interest of A.S.W., 137 S.W.3d 448, 453 (Mo. banc 2004). 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." Id.

In termination of parental rights cases, this Court will review any conflicting evidence in the light most favorable to the judgment and will defer to the trial court's assessment of witness credibility. Id. at 452-453. An appellate court will affirm the trial court's judgment unless there is no substantial evidence to support it, it is contrary to the evidence, or it erroneously declares or applies the law. Id. at 452.

A parent's right to raise her children is a fundamental liberty interest protected by the constitutional guarantee of due process. In the Interest of K.A.W., 133 S.W.3d 1, 12 (Mo. banc 2004). The interest does not evaporate simply because she has not been a model parent or has lost temporary custody of her children to the State. Id. Thus, this Court will examine the trial court's findings of fact and conclusions of law closely and will strictly construe Section 211.447 in favor of the parent and preservation of the natural parent-child relationship. Id.; A.S.W., 137 S.W.3d at 453.

In each of her three points relied on, Mother challenges the three statutory grounds for termination upon which the trial court relied.

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Cite This Page — Counsel Stack

Bluebook (online)
156 S.W.3d 422, 2005 WL 288681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cfc-moctapp-2005.