In Re JJP

113 S.W.3d 197, 2003 WL 21686312
CourtMissouri Court of Appeals
DecidedJune 23, 2003
Docket25104
StatusPublished

This text of 113 S.W.3d 197 (In Re JJP) 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 JJP, 113 S.W.3d 197, 2003 WL 21686312 (Mo. Ct. App. 2003).

Opinion

113 S.W.3d 197 (2003)

In the Interest of J.J.P., Minor,
T.T.P., Appellant,
v.
The Greene County Juvenile Office, Respondent.

No. 25104.

Missouri Court of Appeals, Southern District, Division Two.

June 23, 2003.

*199 Lois M. Zerrer, Springfield, for appellant.

Bill Prince, Springfield, for respondent.

SHRUM, J.

T.T.P. ("Father") appeals a judgment that terminated his parental rights to J.J.P., his daughter.[1] The court found evidence existed to support four statutory grounds for termination. One such ground was that J.J.P. had been in foster care for at least fifteen of the most recent twenty-two months before the termination petition was filed (§ 211.447.2(1)).[2] The court also found termination of Father's rights was in J.J.P.'s best interest.

In five points relied on, Father maintains there was insufficient evidence to support the termination adjudication and the various findings related thereto; accordingly, he urges reversal of the judgment. We affirm.

STANDARD OF REVIEW AND STATUTORY PROVISIONS

The standard of review ordinarily used in court-tried cases applies to parental rights termination litigation. In re A.T., 88 S.W.3d 903, 905[1] (Mo.App.2002). This means we will affirm the judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Id. The facts and reasonable inferences are viewed in the light most favorable to the judgment with due regard given to the trial court's resolution of witness credibility. Id. at 905[2].

*200 Section 211.447.5 empowers a juvenile court to terminate a parent-child relationship "if the court finds that the termination is in the best interest of the child and when it appears by clear, cogent and convincing evidence that grounds exist for termination pursuant to subsection 2, 3, or 4 of [section 211.447]." Case law confirms what section 211.447.5 clearly states, namely, that only one statutory ground for termination need be pleaded and proven, yet any termination ground must be proven by evidence that meets the clear, cogent, and convincing standard. In the Interest of E.L.B., 103 S.W.3d 774, 776 (Mo. banc, 84903); In re A.T., 88 S.W.3d at 905[3]. On the other hand, the best interest ruling in a parental termination case is reviewed per the abuse of discretion standard. Id.

FACTS

J.J.P. was born August 21, 1998. Prior to J.J.P.'s birth, her sister, T.P., had been removed from the family home and placed in foster care due to abuse and neglect. The day before J.J.P. was born, Brandy Henson, a Division of Family Services ("DFS") case worker, recommended that upon her birth, J.J.P. should immediately be placed in protective custody. Henson's concern was that discharge of a new-born infant into Father's and V.F.'s custody would place the child at great risk for abuse and neglect. This was based on Father's and V.F.'s history with DFS and because "these parents ... failed to rectify the situation which caused T.P. to come into care."

The "situation" that led to Henson's recommendation included the following: Father was married in 1992 to H.B. and one daughter was born of that marriage. Father and H.B. separated five months after marriage, and Father voluntarily relinquished his parental rights to this child sometime in 1993. In February of that year, Father attempted suicide by shooting himself in the head. This left Father with some permanent physical and emotional problems.

After his attempted suicide, Father moved to Springfield where he met V.F. in the fall of 1993. They moved into a household that consisted of V.F.'s daughter and son, V.F.'s parents, and V.F.'s sister. From the beginning, Father and V.F. maintained a chaotic lifestyle, characterized by an unstable relationship, numerous moves, neglect of their children, and ongoing contact with DFS.

Ultimately, V.F. became pregnant. This prompted Father to leave V.F. because he "wasn't ready for a family." The couple had reconciled, however, by the time V.F. gave birth to their child (T.P.) in January 1995. Soon after T.P.'s first birthday, Father and V.F. again separated. During this separation, Father occasionally visited T.P. During one such visit, Father and V.F. began fighting, the police were called, marijuana was found in the trailer, and a substantiated DFS hotline call was made finding T.P. at risk due to domestic violence and drug use.

Later, Father and V.F. again reconciled. During this period of cohabitation, a hotline call to DFS was substantiated in May 1997 for lack of supervision of T.P. From the time T.P. was conceived and until she was two years old, the family lived in six different residences. Their nomadic lifestyle culminated in a move to a friend's home where fifteen people resided, including one known child molester. In July 1997, the couple again separated. Around this time, Father and V.F. were told that T.P. would be removed from the home if V.F.'s son remained in the home. This happened after the son was found sexually fondling T.P. The decision was made to voluntarily place the son in the care of *201 V.F.'s brother, a man whom V.F. accused of sexually molesting her when she was a child and a man who was allowed no contact with his own daughter due to sexual abuse. Near this same time, another of V.F.'s children was voluntarily placed in the care of V.F.'s mother, a woman whom V.F. accused of physical abuse.

In September 1997, T.P. was taken into DFS custody and ultimately a petition was filed to terminate Father's and V.F.'s parental rights to T.P. At the termination hearing on T.P., Father took no responsibility for her placement in foster care and claimed V.F.'s relatives were responsible for the DFS involvement. Although none of the children testified at T.P.'s termination hearing, there was evidence that V.F. and Father, either directly or indirectly, had subjected T.P., V.F.'s son, and V.F.'s daughter to acts of sexual abuse. On the evidence presented, the juvenile court terminated Father's parental rights to T.P. on March 10, 2000.

Based on the foregoing as well as other documentation in DFS files, J.J.P. was placed in a foster home when born and remained there continuously until the trial of this case.

DISCUSSION AND DECISION

Point I: Foster Care For Fifteen Of Most Recent Twenty-two Months

One statutory ground found to exist here is set out in section 211.447.2(1) as follows:

"2. Except as provided for in subsection 3 of this section, a petition to terminate the parental rights of the child's parent ... shall be filed by the juvenile officer or the division, or if such a petition has been filed by another party, the juvenile officer or the division shall seek to be joined as a party to the petition, when:
"(1) information available to the juvenile officer or the division establishes that the child has been in foster care for at least fifteen of the most recent twenty two months ...." (Emphasis supplied.)

Satisfaction of this one ground for termination is sufficient to terminate parental rights if termination is in the child's best interest. In re A.T., 88 S.W.3d at 905 n. 4; M.J. v. Greene County Juvenile Office,

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T.T.P. v. Greene County Juvenile Office
113 S.W.3d 197 (Missouri Court of Appeals, 2003)

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Bluebook (online)
113 S.W.3d 197, 2003 WL 21686312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jjp-moctapp-2003.