In Re KAC

246 S.W.3d 537, 2008 WL 541490
CourtMissouri Court of Appeals
DecidedFebruary 29, 2008
Docket28489
StatusPublished

This text of 246 S.W.3d 537 (In Re KAC) 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 KAC, 246 S.W.3d 537, 2008 WL 541490 (Mo. Ct. App. 2008).

Opinion

246 S.W.3d 537 (2008)

In the Interest of K.A.C. (DOB: 07-18-03), a Child Under Seventeen Years of Age.

No. 28489.

Missouri Court of Appeals, Southern District, Division II.

February 29, 2008.

*539 Larry Moore, Springfield, MO, for Appellant.

William Prince and Roger Owensby, Springfield, MO, for Respondent.

DON E. BURRELL, Judge.

N.C. (Mother) appeals the judgment terminating her parental rights over her daughter, K.A.C. (Daughter), born July 18, 2003. In her sole point on appeal, Mother alleges there was insufficient evidence to support a termination of her parental rights based on grounds of either abuse/neglect or failure to rectify. We affirm.

Background

In April of 2005, the Juvenile Office of Greene County (Juvenile Office) filed its petition seeking to terminate the parental rights of Mother over Daughter. In October of 2005, the Juvenile Office filed an amended petition that also sought to terminate C.C.'s (Father) parental rights over Daughter. On March 26, 2007, a judge of the Thirty-First Judicial Circuit, Juvenile Division (Juvenile Court), entered a judgment which terminated both parents' parental rights.

This case has a considerable history. In all, the child at issue was in alternative care for more than three-and-a-half years before parental rights were eventually terminated. The Juvenile Office first became involved with this family when a member of the Greene County Children's Division (the Division) conducted a newborn crisis *540 assessment at the time of Daughter's birth in July of 2003. The assessment was initiated when someone reported to the Division that either Mother or Daughter had tested positive on a drug screen administered at the time of the child's birth. After its investigation, the Division determined that the positive result was due, at least in part, to some of the drugs given to Mother at the hospital and eventually concluded that the family did not need to participate in any Division referred services in order to properly care for the child.

Two months later, Mother voluntarily placed Daughter into the Division's care because of concerns she had about domestic violence that was occurring in her home. Mother was also having difficulty dealing with grief she was experiencing over the loss of a sibling to Daughter who had previously passed away from Sudden Infant Death Syndrome (SIDS). After Mother placed Daughter with the Division, she and the child's father were referred to Theresa Schulz (Schulz) for counseling services. This counseling was part of an overall program set up by the Division to help the family deal with depression, strengthen their parenting skills, and eliminate domestic violence from the home. These were the issues that the Division believed would need to be successfully addressed before Daughter could be placed back into the parents' home.

By June of 2004 (eight months after the voluntary placement), Mother and Father were believed to have made significant progress on these issues and the Division was ready to recommend that Daughter be placed back in their home. Although the Division was now ready to return the child to the parents, that placement was not actually made because Daughter had recently been sick enough to be hospitalized and Mother "got scared and did not want to be with [Daughter] alone." The timing of a return was also complicated by the fact that Mother was pregnant again and about to give birth. Based on the combination of these factors, the Division decided not to place Daughter back into the home until after Mother's new child was born. Because her pregnancy was classified as "high-risk" and another of her children had previously died of SIDS, Mother was also going to be required to have a home health care nurse in the house immediately following the new child's birth.

In July of 2004, Mother gave birth to a son. At the time of the newborn's delivery, another drug screen was done by the hospital and Mother tested positive for THC, the active ingredient in marijuana. This positive test result caused the Division to conduct another newborn crisis assessment. As a part of that assessment, Father was asked to submit to drug testing. He agreed to do so and his results also came back positive for THC. When Mother was released from the hospital, she refused to allow the home health care nurse into the home. An additional complication arose when, shortly after the new child was born, criminal charges were brought against Mother for felony stealing and against Father for felony stealing, unlawful use of a weapon, and "domestic disturbance." Based on both parents' positive drug tests, the pending criminal charges, and the Mother's refusal to allow the home health care nurse into the home, the Division made the decision not only to keep Daughter in alternative care, but also to recommend that the newborn be removed from the parents' care as well.

After the newborn was also taken from them, the parents' level of cooperation with the Division rapidly diminished. Mother and Father were referred to family drug court but chose not to attend. They also began refusing to allow the Division *541 to visit their home. It was at this point that the Division changed its case goal recommendation from reunification to termination of parental rights. Despite that change of recommendation, the Division continued to offer services to the family in an attempt to help the parents correct the problems that had led to the removal of their newborn and to Daughter's continuing placement in alternative care.

Mother was eventually arrested and charged with drug trafficking. Around October of 2004, Mother submitted to another drug test and again tested positive for THC. A Division worker attempting to conduct a home visit during this time period was not allowed to go beyond the living room of the home and Mother refused to speak with the worker at all on this occasion.

In November of 2004, Mother tested positive again for marijuana. Shortly thereafter, the parents' newborn son died while in the Division's custody. At this point, the parents' cooperation with the Division lessened even further and the Division stopped contracting with Schulz to provide counseling for them. Schulz, however, continued to offer counseling services to Mother and Father on her own initiative. Mother continued her counseling with Schultz but Father stopped seeing her in January of 2005. Mother and Father subsequently began living in separate residences.

From December of 2004 to April of 2005, Mother was asked by the Division to take several additional drug tests. Although Mother told the Division that she was taking the tests and they were coming up negative, the Division later determined that Mother had not actually taken any of those tests. When confronted about her failure to take the tests, Mother would become upset and refuse to communicate with the Division.

Due to her pending criminal drug trafficking charges, her continuing substance abuse, and the instability within Mother's household, the Division determined that Mother was not going to be a viable candidate for reunification. Meanwhile, Father had been making progress on his parental treatment plan and the Division informed him that he was now the parent with the best chance to regain custody of his daughter. It was at this point that Mother contacted the Division on her own initiative and informed them that she was the parent who was continuing to work on her treatment plan whereas Father was using multiple illegal substances and physically abusing her. After Mother made this report, Father was arrested for domestic violence.

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Cite This Page — Counsel Stack

Bluebook (online)
246 S.W.3d 537, 2008 WL 541490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kac-moctapp-2008.