In Re CGL

63 S.W.3d 693, 2002 WL 10245
CourtMissouri Court of Appeals
DecidedJanuary 4, 2002
Docket24223
StatusPublished

This text of 63 S.W.3d 693 (In Re CGL) 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 CGL, 63 S.W.3d 693, 2002 WL 10245 (Mo. Ct. App. 2002).

Opinion

63 S.W.3d 693 (2002)

In the Interest of C.G.L., a minor,
D.G.L., A.B.L., and the Cherokee Nation of Oklahoma, Appellants,
v.
The McDonald County Juvenile Office, Respondent.

No. 24223.

Missouri Court of Appeals, Southern District, Division One.

January 4, 2002.

*694 Chris M. Hunt, Grove, OK, for appellant.

John S. Dolence, Spencer, Scott & Dwyer, P.C., Joplin, for respondent.

*695 ROBERT S. BARNEY, Chief Judge.

D.G.L. ("Grandfather") and A.B.L. ("Grandmother"), biological grandparents (collectively, "Grandparents") of C.G.L., a minor child and the Cherokee Nation of Oklahoma (collectively with Grandparents, "Appellants") appeal from the judgment of the Circuit Court of McDonald County ("juvenile court") approving the adoption of C.G.L. by J.B. and K.B. ("Respondents").[1] As more fully explained below, in their sole point on appeal, Appellants maintain the juvenile court erred in finding "good cause" to deviate from Indian "preferences" set out in the Indian Child Welfare Act ("ICWA"), when it approved of the adoption of C.G.L. by Respondents-foster parents. See 25 U.S.C.A. § 1915 and footnote 4, infra. We affirm.

Viewed in the light most favorable to the judgment, the record shows that C.G.L. was born on September 7, 1998, to A.L., the biological mother ("Mother"), and B.L., the biological father ("Father"), a registered Cherokee Indian, and son of Grandparents. C.G.L. was born with gastroschisis, a serious medical condition in which the intestines were located outside his body at birth. Immediate surgery was required to replace the intestines within his abdomen.

The child was released from the hospital in late October 1998 to his parents, who were living in the home of Grandparents. The medical condition of the child was such that it required him to be connected to electronic medical equipment for nutritional feeding. Father was trained at the hospital on how to use this equipment. However, while Mother had received training, she never learned how to properly operate the equipment, and Grandparents declined the opportunity to learn how to operate the equipment. Father and Mother were not working at the time. Grandfather worked during the evenings and Grandmother worked during the day. Grandmother suffered from diabetes and did not have a driver's license to operate a vehicle. Neither Father nor Mother had lived on an Indian reservation.

On November 30, 1998, the Division of Family Services ("D.F.S.") was called to the home of Grandparents to investigate a report of child abuse and neglect of the child. D.F.S. determined that Mother had left the child alone at the home. At that time, D.F.S. developed a "safety plan" in which Mother was not to be left alone to care for the child. D.F.S. personnel also spoke with Mother and Father about receiving counseling and enrolling in parenting classes.

Two weeks later, D.F.S. received a second report of child abuse and neglect. Upon responding to the home, D.F.S. discovered that Father had left the residence, the alarm on the child's medical equipment was sounding, and neither Mother nor Grandfather, who were at the residence at the time, knew how to operate the medical equipment. Grandfather advised D.F.S. that he and Grandmother had not learned how to operate the medical equipment because they believed that Father and Mother should take care of the child and were fearful that if they learned how to operate the equipment, Father and Mother would compel Grandparents to take over all of the child's care. At that time, D.F.S. placed the child into protective custody and placed him in Respondents' home. The evidence showed that Respondents specialized in the foster care of special needs children.

Over the next several weeks, D.F.S. worked with Mother and Father toward reunification with their child and allowed *696 periodic visitation with C.G.L. On January 25, 1999, Father advised D.F.S. that he and Mother wished to place the child for adoption, and that neither Father nor Mother wanted anyone on either side of their families to adopt the child. The next day, Father and Mother met with D.F.S. to begin the process of voluntary relinquishment of their parental rights. Father and Mother requested that their families not be advised of their decision.

On June 17, 1999, the juvenile court entered a judgment terminating the parental rights of Father and Mother.[2] Thereafter, Respondents filed a petition for transfer of custody and final adoption. On September 8, 1999, the juvenile court entered an order transferring custody of the child to Respondents. In December of 1999, Appellants filed a motion to intervene and a petition for transfer of custody and adoption of the child. The juvenile court denied Appellants' motion to intervene. Appellants appealed. This Court reversed the decision of the juvenile court and remanded the case with instructions that Appellants be allowed to intervene. See In the Matter of C.G.L., 28 S.W.3d 502, 505 (Mo.App.2000).

On February 1, 2001, the juvenile court commenced a hearing on Appellants' motion to intervene and petition for transfer of custody and adoption, and Respondents' petition for final order of adoption. After hearing evidence the juvenile court entered its judgment of adoption of C.G.L. by Respondents.

The standard of review in adoption cases is the same as in other court-tried cases. See Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976); I.D. v. B.C.D., 12 S.W.3d 375, 376 (Mo.App.2000). The judgment of the juvenile court must be upheld unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id.; In re S.L.N., 8 S.W.3d 916, 920 (Mo.App.2000); see also Rule 84.13(d).[3]

Initially, we observe that Respondents have challenged Appellants' brief as being deficient because it fails to conform to Rule 84.04(d). In the section of Appellants' brief titled "Points Relied On" the following was set out:

a) The Court erred in finding that "good cause" existed for deviation from the Indian preferences found in 11 U.S.C. § 1915.
b) This is because before "good cause" can be established, an inquiry must be made to determine whether there exists a placement home within the preferences set forth in § 1915 which can meet the extraordinary physical and emotional needs.
c) The failure of DFS and the Circuit Court to first inquire whether a preference home was available to meet CGL's extraordinary needs demonstrates a failure to comply with the Indian Child Welfare Act ("ICWA") and, therefore, violates a requirement of § 453.110.6(6).

While Appellant's point is questionable, we do not find that it expressly *697 violates Rule 84.04(d). Furthermore, "[w]here child custody is in dispute, questionable points on appeal will not be stricken even though the manner of stating the claimed deficiencies may hinder their review." Rinehart v. Rinehart,

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In the Interest of C.G.L. v. McDonald County Juvenile Office
63 S.W.3d 693 (Missouri Court of Appeals, 2002)

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Bluebook (online)
63 S.W.3d 693, 2002 WL 10245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cgl-moctapp-2002.