In Re JB

58 S.W.3d 575, 159 Educ. L. Rep. 356, 2001 Mo. App. LEXIS 1319
CourtMissouri Court of Appeals
DecidedAugust 7, 2001
DocketED 78372
StatusPublished

This text of 58 S.W.3d 575 (In Re JB) 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 JB, 58 S.W.3d 575, 159 Educ. L. Rep. 356, 2001 Mo. App. LEXIS 1319 (Mo. Ct. App. 2001).

Opinion

58 S.W.3d 575 (2001)

In the Interest of J.B.

No. ED 78372.

Missouri Court of Appeals, Eastern District, Division Four.

August 7, 2001.
Motion for Rehearing and/or Transfer Denied October 4, 2001.
Application for Transfer Denied November 20, 2001.

*577 Scott A. Woodruff, David E. Gordon, Purcellville, VA, for appellants.

Nancy L. Sido, Clayton, MO, for respondent.

Rene E. Lusser, St. Louis, MO, Guardian Ad Litem.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 4, 2001.

MOONEY, Presiding Judge.

Parents, John and Mary Brown, of minor child J.B. ("Child") appeal from the trial court's judgment taking jurisdiction of Child due to Parents' educational neglect under Section 211.031.1(1)(a) RSMo. (2000).[1] Parents argue the trial court erred in (1) applying the compulsory attendance law to a six-year-old child; (2) restricting evidence of instruction to ten months rather than twelve months; (3) taking jurisdiction over past neglect because the statute under which the petition was filed only confers jurisdiction over present neglect; (4) refusing to dismiss the petition pursuant to Section 210.167, because the petition alleges violations of the compulsory attendance law based on truancy alone, entitling Parents to the rights and protection of a criminal prosecution; and (5) excluding evidence of present compliance with the homeschool statute. We affirm.

Facts

We state the facts in the light most favorable to the trial court's order. In Interest of R.G., 885 S.W.2d 757, 759 (Mo. App. E.D.1994). The Juvenile Officer ("Officer") filed a petition to take jurisdiction of Child alleging that Parents neglected or refused to provide education during the 1998-1999 school term because Parents failed to enroll Child, who was subject to compulsory school attendance, in school or provide a program of homeschool academic instruction. At the hearing before the commissioner, Officer's only witness was Child's mother, and she testified that Child had been homeschooled since his birth on August 10, 1991. She further stated that she began keeping written records *578 of Child's homeschooling on September 1, 1998, after Child had turned seven. However, Child's mother admitted she failed to keep records showing 1000 hours of instruction between July 1, 1998 and June 30, 1999, detailing Child's progress or demonstrating Child's work and evaluations.

Parents' expert witness, psychologist Dr. Steven Duvall, testified that he believed Child was autistic or nearly autistic. He stated that he did not hear Child talk during the five hours he spent with Child who was then 8½ years old. Dr. Duvall also testified that Child's mother believed Child was simply a late talker and that she had joined a support group for families of late talkers.

The commissioner found that Parents failed to keep a portfolio of samples of Child's academic work and a record of evaluations of Child's academic progress as required by Section 167.031.2(2)(a)b. and c, and they did not provide 1000 hours of instruction during the 1998-1999 school term mandated by Section 167.031.2(2)(b). Based on those findings, the commissioner entered an order taking jurisdiction over Child, continuing Child's custody with Parents subject to supervision by the Division of Family Services, ordering Child to be evaluated by a licensed psychiatrist, and ordering Child to be evaluated to determine his educational needs. The trial court adopted the commissioner's findings and recommendations and denied Parents' motion for rehearing. Parents filed this timely appeal.

Analysis

We review proceedings of a petition for neglect similar to court-tried civil cases. See In Interest of R.G., 885 S.W.2d at 763. The trial court's order is the judgment from which this appeal is taken. On review, we will sustain the judgment of the trial court 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., citing Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Furthermore, we defer to the trial court on issues of fact and the credibility of witnesses. In the Interest of R.G., 885 S.W.2d at 763. As to jurisdiction under section 211.031.1(1)(a), the court must find clear and convincing evidence that the child is in need of education which has arisen because parents neglected to provide the education necessary for the child's well-being. See In the Interest of E.S., 851 S.W.2d 676, 681 (Mo.App. W.D.1993). In reviewing the sufficiency of the evidence, we consider the evidence and all reasonable inferences which might be drawn therefrom in the light most favorable to the trial court's judgment. See In the Interest of L.J.M.S., 844 S.W.2d 86, 91 (Mo.App. E.D.1992).

In interpreting the statutes at issue here, we ascertain the intent of the legislature from the language used and give effect to that intent if possible. Budding v. SSM Healthcare System, 19 S.W.3d 678, 680 (Mo. banc 2000). Further, words used in the statute will be given their plain and ordinary meaning. L.C. Development Co., Inc. v. Lincoln County, 26 S.W.3d 336, 340 (Mo.App. E.D.2000). However, we will not construe a statute so as to work an unreasonable, oppressive, or absurd result. Christian Disposal, Inc. v. Village of Eolia, 895 S.W.2d 632, 634 (Mo. App. E.D.1995). We construe the provisions of a legislative act together and if reasonably possible, all provisions must be harmonized. St. Louis County v. B.A.P., Inc., 25 S.W.3d 629, 630 (Mo.App. E.D. 2000). Additionally, related clauses are to be considered when construing a particular portion of a statute. Marre v. Reed, 775 S.W.2d 951, 953 (Mo. banc 1989).

*579 Parents' first point alleges that the trial court erred in applying the compulsory attendance law to a six-year-old. Specifically, Parents contend that because Child was not seven on July 1, 1998,[2] they were not required to comply with the homeschool record-keeping and instructional requirements.

Parents incorrectly argue that the compulsory attendance requirement is tied to the definition of the "school year." The compulsory attendance statute requires that a child between the ages of seven and sixteen be enrolled in some type of school, and that the child must regularly attend "not less than the entire school term of the school which the child attends" (emphasis added). Section 167.031.1. Although "school term" is statutorily defined,[3] the definition is not applicable in the homeschool context; therefore, we ascertain the plain and ordinary meaning of the phrase.

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In the Interest of R.G.
885 S.W.2d 757 (Missouri Court of Appeals, 1994)
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In the Interest of J.B.
58 S.W.3d 575 (Missouri Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
58 S.W.3d 575, 159 Educ. L. Rep. 356, 2001 Mo. App. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jb-moctapp-2001.