In Re CMK

140 S.W.3d 219, 2004 WL 1416614
CourtMissouri Court of Appeals
DecidedJune 25, 2004
Docket25906
StatusPublished
Cited by2 cases

This text of 140 S.W.3d 219 (In Re CMK) 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 CMK, 140 S.W.3d 219, 2004 WL 1416614 (Mo. Ct. App. 2004).

Opinion

140 S.W.3d 219 (2004)

In the Interest of C.M.K., C.L.K., and B.L.K. III, children under seventeen years of age.
E.G., Respondent-Appellant,
v.
State of Missouri, Greene County Juvenile Office, Petitioner-Respondent.

No. 25906.

Missouri Court of Appeals, Southern District, Division One.

June 25, 2004.
Application to Transfer Denied July 19, 2004.
Application for Transfer Denied August 24, 2004.

*220 John E. Kelly, Springfield, for appellant.

Bill Prince, Springfield, for respondent.

PHILLIP R. GARRISON, Judge.

Appellant, E.G. ("Mother"), the biological mother of C.M.K., C.L.K., and B.L.K., III (collectively referred to as "the children"), appeals the termination of her parental rights by the Juvenile Court of Greene County (the "Juvenile Court").[1]See Section 211.447.[2] On appeal, Mother argues that the Juvenile Court's ruling was against the weight of the evidence and, therefore, was in error. We affirm.

The record reveals that the children were placed in the temporary legal custody of the Missouri Division of Family Services ("DFS") on May 11, 2001, pursuant to an order of the Juvenile Court. The evidence established that the Greene County Juvenile Office ("Respondent") was prompted to take the children into protective custody following a report to the child abuse and neglect hotline.[3] Based on the hotline report, DFS intake officers, Dawn Stoll ("Stoll") and Emily Dortch ("Dortch"), went to the Executive Motor Inn, where the family had been living for several months, to investigate ongoing domestic violence between Mother and B.L.K., Jr. ("Father"). Stoll and Dortch were able to interview Mother, as well as speak to the children. Though Dortch classified the motel room as not "unsanitary," she noted that it was very small and that it was "[n]ext to impossible to breathe [in the room] due to the cigarette smoking." When questioned, Mother denied that there had been a domestic violence situation between herself and Father; however, when the children were interviewed separately, they each described detailed instances of domestic violence between Mother and Father.

When Dortch attempted to refer Mother to the Family Violence Center, Mother refused their services and maintained that she was going to stay at the motel. Dortch testified that Mother was angry and hostile during their interview and did not seem to take into consideration the childrens' feelings about being taken into custody. Father, who hid in the bathroom during Dortch's visit, declined to speak to Dortch about the familial situation and Dortch's only contact with Father was when he shouted obscenities at her. Thereafter, Dortch recommended that the children be taken into protective custody.

On November 8, 2002, eighteen months after the children were initially placed in DFS custody, Respondent filed a petition to terminate the parental rights of Mother and Father. The petition was heard on August 13, 2003, at which time Mother appeared with counsel, but Father failed to defend his interests at the hearing or to respond to the petition in any manner.[4] Based upon the evidence before it, the Juvenile Court terminated the parental rights of both parents, enumerating several statutory grounds for its decision. *221 First, the Juvenile Court found that the children had been abused and/or neglected as delineated by Section 211.447.4(2).[5] Second, the Juvenile Court found that the children had been in its jurisdiction for more than one year, and that the conditions which initially resulted in assumption of jurisdiction continued to exist and were unlikely to be remedied in the near future.[6] Third, the Juvenile Court found that Mother was unfit to be a party to the parent-child relationship due to a consistent pattern of committing domestic violence in the presence of the children and that, due to such violence, Mother was unable, for the reasonably foreseeable future, to care for the ongoing, physical, mental and emotional needs of the children.[7] The Juvenile *222 Court also considered and made required findings pursuant to Sections 211.447.4(2)(a-d) and 211.447.4(3)(a-d), in which it determined that while Mother did not suffer from chemical dependency or a mentally incapacitating condition, she had made little progress in complying with the terms of her social service plan and was unable to provide a proper home for the children.

In her sole point on appeal, Mother claims the Juvenile Court erred in terminating her parental rights because she "had done nothing to warrant the children's coming into alternative care and had substantially complied with her service agreement." She further argues that the Juvenile Court's determination that she had repeatedly neglected her children and failed to rectify the conditions which led to the assumption of jurisdiction by Respondent was against the weight of the evidence.

On appellate review, the judgment in a termination of parental rights case will be sustained "unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law." In the Interest of F.M., 979 S.W.2d 944, 946 (Mo.App. S.D.1998). Substantial evidence means evidence which is "clear, cogent and convincing" or which "instantly tilts the scales in the affirmative when weighed against opposing evidence," leaving the fact-finder with "an abiding conviction that the evidence is true." In re A.M.C., 983 S.W.2d 635, 637 (Mo.App. S.D.1999).

In order to terminate parental rights, there must first be clear and convincing evidence indicating that one or more grounds exist for termination under Section 211.447. In the Interest of J.L.M., 64 S.W.3d 923, 924 (Mo.App. S.D.2002). In our review, we bear in mind that the Juvenile Court was in a superior position to judge the credibility of the witnesses and that it was free to believe all, part, or none of the witnesses' testimony. In the Matter of M.M., 973 S.W.2d 165, 168 (Mo.App. S.D.1998). Further, when the Juvenile Court has received conflicting or contradictory evidence, we view the facts in the light most favorable to the Juvenile Court's judgment. Id.

In the matter at hand, Mother's claim of error appears to be directed at only two of the three grounds for termination found by the Juvenile Court. Neither Mother's point relied on, nor the argument following it, appears to challenge the sufficiency of the evidence to support the Juvenile Court's finding of parental unfitness under Section 211.447.4(6). Where, as here, multiple statutory grounds for termination of parental rights are cited, this court need only find that one of the statutory grounds was proven and that termination was in the best interest of the child. See In re M.J., 66 S.W.3d 745, 747 (Mo.App. S.D.2001).

Even though Mother does not directly attack it on appeal, there was clear, cogent, and convincing evidence to support the Juvenile Court's findings under Section 211.447.4(6).

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Cite This Page — Counsel Stack

Bluebook (online)
140 S.W.3d 219, 2004 WL 1416614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cmk-moctapp-2004.