In Re CNG

109 S.W.3d 702, 2003 Mo. App. LEXIS 1135, 2003 WL 21692669
CourtMissouri Court of Appeals
DecidedJuly 22, 2003
DocketWD 62428
StatusPublished

This text of 109 S.W.3d 702 (In Re CNG) 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 CNG, 109 S.W.3d 702, 2003 Mo. App. LEXIS 1135, 2003 WL 21692669 (Mo. Ct. App. 2003).

Opinion

109 S.W.3d 702 (2003)

In the Interest of C.N.G.

No. WD 62428.

Missouri Court of Appeals, Western District.

July 22, 2003.

*704 Jack A. Lewis, North Kansas City, for Appellant.

John R. Shank, Kansas City, for Respondent.

PAUL M. SPINDEN, Presiding Judge.

M.G.S. appeals the circuit court's judgment, which terminated her right to parent her son, C.N.G.[1] The circuit court terminated her rights pursuant to § 211.447.4(3), RSMo 2000, after finding that she did not comply substantially with the Division of Family Services' written service agreements. We reverse the circuit court's judgment in part.

On April 20, 2000, the circuit court assumed jurisdiction of C.N.G. under § 211.031.1(1), RSMo 2000, after it learned that M.G.S. had been abusing prescription drugs, had left C.N.G., then two years of age, in the care of her 12-year-old son for extended periods without informing him where she was or how she could be reached, and that M.G.S. did not provide for care of the boy after she was arrested and incarcerated briefly. The circuit court placed C.N.G. in DFS' custody for placement in M.G.S.' home.

A few days after the placement, M.G.S. broke into a neighbor's house, stole prescription medications, and ingested them. A psychologist concluded that M.G.S. was suffering mental conditions that made her a danger to herself and her children. M.G.S.' guardian admitted her for in-patient substance abuse treatment. Because this admission left C.N.G. without care, the circuit court ordered DFS to place him in foster care.

While M.G.S. lived in a group house during May 2000 as part of her treatment, DFS permitted her to visit C.N.G. under its supervision for an hour each week. As M.G.S.' treatment progressed, she moved into her own apartment, and DFS permitted the visits to be longer and more frequent. Eventually DFS permitted the visits to be unsupervised and overnight in M.G.S.' apartment.

Later, the circuit court permitted M.G.S. to be reunited with her older son, but it continued DFS' custody of C.N.G., permitting M.G.S. to visit C.N.G. from Sunday to Tuesday each week. During those visits, M.G.S. adequately met C.N.G.'s needs. M.G.S. remained bonded with her son and expressed love for him.

Before October 2001, DFS considered M.G.S. to be progressing sufficiently that reunification was imminent. She had progressed from weekly, one-hour supervised visits to weekly, three-day unsupervised visits. Before recommending reunification, DFS required her to agree to accomplish goals that DFS set concerning parenting skills. DFS assigned a parent aide to assist her in developing those skills.

On October 10, 2001, M.G.S.' psychiatrist at Tri-County Mental Health Services, whom she had been seeing for four months, changed her medications and prescribed Ambien to induce sleep. M.G.S. later admitted that she took as much as four times the prescribed dosage at times.

Three days after starting Ambien, at a time when C.N.G. was not at her apartment, M.G.S. fell down a flight of stairs. She said that she could not remember the fall or any of the surrounding circumstances. As part of the hospital treatment *705 of the injuries that she sustained in the fall, hospital physicians gave her a pack of Vicodin, a narcotic that she had previously abused.

The day after the fall, M.G.S. called her parent aide and told her about the fall and her inability to recall the event or occurrences surrounding it. M.G.S. also told the aide that she was taking a new sleeping pill prescribed by her psychiatrist and that hospital physicians had given a pack of four to six Vicodin pills to her.

The next day, the aide and a DFS social worker visited M.G.S. She told them that she could not remember taking the Vicodin. The Vicodin pack was empty, and M.G.S. acknowledged that she probably had taken them. She told the aide and social worker that she had discarded the Ambien because she did not like the way they made her feel and because she did not want her older son and his visiting friend to find them. Because she had discarded the Ambien bottle, the aide and social worker could not determine how much she had taken.

The juvenile office filed a petition to terminate M.G.S.' right to parent C.N.G. on January 17, 2002, and DFS immediately terminated M.G.S.' visitations with her son. The circuit court entered its judgment terminating M.G.S.' parental rights to C.N.G.[2] M.G.S. appealed, and we reversed and remanded the judgment on the ground that the circuit court did not make sufficient findings of fact required under § 211.447.4(3), RSMo 2000. In re C.N.G., 89 S.W.3d 564 (Mo.App.2002). On January 10, 2003, the circuit court issued its amended judgment, and M.G.S. appeals again.

In a termination proceeding, the circuit court, before considering the child's best interest, must determine whether the juvenile officer has proven a statutory ground for termination by clear, cogent, and convincing evidence. Evidence is clear, cogent, and convincing if, when weighed against all of the evidence, it instantly tilts the scales in favor of termination. We review the circuit court's judgment by determining whether it is supported by substantial evidence, is consistent with the weight of evidence, or accurately declares and applies the law. In re D.C.S., 99 S.W.3d 534, 538 (Mo.App. 2003). We review termination of parental rights cases closely because termination of parental rights interferes with a basic liberty: freedom from governmental interference with family and child rearing. In re P.C., 62 S.W.3d 600, 603 (Mo.App.2001). "`Terminating parental rights is an exercise of an awesome power and should not be done lightly.'" Id. at 602-03 (quoting In the Interest of T.H., 980 S.W.2d 608, 613 (Mo.App.1998)).

In determining whether to terminate parental rights for a failure to rectify under § 211.447.4(3), the circuit court must make findings of fact as to the conditions specified in subparagraphs (a) through (d). In re N.M.J., 24 S.W.3d 771, 778 (Mo.App.2000). Section 211.447.4(3) authorizes the circuit court to terminate a parent-child relationship when:

The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at *706 any early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following:
(a) The terms of a social service plan entered into by the parent and the division and the extent to which the parties have made progress in complying with those terms;

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Related

Juvenile Officer v. S.W.J.
11 S.W.3d 699 (Missouri Court of Appeals, 1999)
Juvenile Officer v. L.L.J.
24 S.W.3d 771 (Missouri Court of Appeals, 2000)
In the Interest of P.C.
62 S.W.3d 600 (Missouri Court of Appeals, 2001)
In the Interest of C.N.G.
89 S.W.3d 564 (Missouri Court of Appeals, 2002)
In the Interest of D.C.S.
99 S.W.3d 534 (Missouri Court of Appeals, 2003)
In the Interest of C.N.G.
109 S.W.3d 702 (Missouri Court of Appeals, 2003)

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Bluebook (online)
109 S.W.3d 702, 2003 Mo. App. LEXIS 1135, 2003 WL 21692669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cng-moctapp-2003.