In Re JLF

99 S.W.3d 15, 2003 WL 122262
CourtMissouri Court of Appeals
DecidedJanuary 15, 2003
Docket24927
StatusPublished

This text of 99 S.W.3d 15 (In Re JLF) 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 JLF, 99 S.W.3d 15, 2003 WL 122262 (Mo. Ct. App. 2003).

Opinion

99 S.W.3d 15 (2003)

In the Interest of J.L.F., A Minor,
The Greene County Juvenile Office, Petitioner-Respondent,
v.
R.L.F., Respondent-Appellant.

No. 24927.

Missouri Court of Appeals, Southern District, Division Two.

January 15, 2003.
Motion for Rehearing and Transfer Denied February 6, 2003.

*16 Bruce Galloway, L.L.C., Springfield, for appellant.

Bill Prince, Springfield, for respondent.

KENNETH W. SHRUM, Judge.

R.L.F. ("Mother") appeals a judgment that terminated her parental rights to J.L.F., her daughter.[1] Mother insists there was insufficient evidence presented to support the trial court's finding that two termination grounds were proven, namely, Mother had abused or neglected J.L.F. (§ 211.447.4(2)), and J.L.F. had been under juvenile court jurisdiction for one year without Mother rectifying the conditions that led to the court's assumption of jurisdiction (§ 211.447.4(3)). Because the abuse or neglect ground was proven by clear, cogent, and convincing evidence, we *17 need not look further.[2] We affirm the judgment of the trial court.

STANDARD OF REVIEW AND STATUTORY PROVISIONS

A trial court's decision to terminate parental rights is reviewed under the standards of Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976). In re S.L.J., 3 S.W.3d 902, 907 (Mo.App.1999). Thus, 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. at 907[5]. The facts and reasonable inferences are viewed in the light most favorable to the judgment with due regard given to the trial court's determination of witness credibility. In re A.R., 52 S.W.3d 625, 633[2] (Mo.App.2001).

A juvenile court has statutory authority 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 [§ 211.447]." § 211.447.5; In re J.M., 1 S.W.3d 599[2] (Mo.App.1999). The clear, cogent, and convincing standard is met when the evidence "`instantly tilts the scales in the affirmative when weighed against the evidence in opposition, and the fact-finder's mind is left with an abiding conviction that the evidence is true.'" In re C.M.B., 55 S.W.3d 889, 893[3] (Mo.App. 2001) (citations omitted).

Even though a trial court finds multiple statutory grounds exist for termination of parental rights, an appellate court does not have to decide if sufficient evidence supports each finding. We can affirm if any one ground thus found is supported by evidence that meets the clear, cogent, and convincing standard. In re J.K., 38 S.W.3d 495, 499[5] (Mo.App. 2001). In such an instance, we need not reach the merits of the other grounds found by the trial court. Id.

A juvenile officer or the Division of Family Services ("DFS") may file a petition to terminate parental rights when it appears a "child has been abused or neglected." § 211.447.4(2). The abuse or neglect ground for termination contains statutory subparagraphs that are factors a court "shall consider and make findings on" when adjudicating a termination of parental rights case. § 211.447(2) and (3); In the Interest of J.N.C., 913 S.W.2d 376, 379 (Mo.App.1996). However, the subparagraph (a-d) factors under § 211.447.2 "are not independent grounds for termination, but merely categories of evidence to be considered together with all other relevant evidence." Id. at 379[3].

RELEVANT FACTS

Our recounting of the evidence in this case focuses on that which is relevant to the abuse or neglect ground. On June 4, 1999, at 2:40 A.M., Mother was driving a friend's car when a police officer stopped her because the vehicle had a faulty muffler. Her eight and one-half month old daughter, J.L.F., was in the back seat of the car. During the stop, the officer learned that there were two outstanding warrants for Mother. He also noted Mother's hands were "trembling and her eyes appeared to be glassy with poor reaction to light." The policeman arrested Mother per the warrants and for driving *18 without a license. He also conducted a consent search of Mother's purse—which was found beneath J.L.F.'s car seat—and discovered three syringes therein each containing a fluid. He also noted a fresh needle mark on Mother's arm.

Mother's friend had a purse that was located next to J.L.F.'s car seat. A search of it disclosed a single syringe with liquid. The friend admitted that she "shot up meth 2 days ago." Following these discoveries, the officer arrested both Mother and her friend for possession of a controlled substance. Because Mother was unable to find anyone to care for J.L.F., an employee of DFS arrived at 4:00 A.M. The worker promptly took physical custody of J.L.F. and placed her in a licensed foster home where she has remained ever since.

On June 24, 1999, J.L.F.'s foster parents had her evaluated by an occupational therapist. J.L.F. was approximately five months behind in development. DFS also learned at that time that Mother had wholly failed to immunize J.L.F.

When DFS caseworker Carolyn Key was assigned to J.L.F.'s case in July of 1999, Mother was "very resistant to ... suggestions of services[ ]" from DFS and would become "very angry and hostile[.]" However, Mother was in "minimal compliance" with several suggestions made by DFS. For instance, Mother completed an assessment from an alcohol and drug abuse center, but failed to receive outpatient treatment the center recommended. Mother was also referred to parenting classes wherein she was either late or absent on eight out of twelve occasions. Mother also failed to turn in homework, did not participate in the classes, and "did not take the information seriously." DFS further requested that Mother obtain suitable housing, but in August of 1999, she had changed locations and was "living in an unapproved residence."

In September of 1999, Mother missed all but one of her weekly visitations with J.L.F. In fact, from July of 1999 to December of 1999, Mother missed nearly half of her scheduled visitations with J.L.F. Thereafter, the visitations were decreased. Also, during this timespan, Mother did not provide any type of support for J.L.F. In an October review of Mother's progress, DFS noted Mother had moved again, was living with an unidentified male, was unemployed, and failed to attend parenting classes.

On November 24, 1999, Mother and DFS entered into a treatment plan to aid Mother in regaining custody of J.L.F. The treatment plan provided, inter alia, that Mother was to maintain visitation with J.L.F. at least twice per month, maintain gainful employment, fully cooperate with all treatment recommendations, stabilize her residence, and attend parenting classes.

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Bluebook (online)
99 S.W.3d 15, 2003 WL 122262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jlf-moctapp-2003.