In Re KJK

108 S.W.3d 62, 2003 WL 1793369
CourtMissouri Court of Appeals
DecidedApril 7, 2003
Docket25024, 25026, 25027
StatusPublished

This text of 108 S.W.3d 62 (In Re KJK) 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 KJK, 108 S.W.3d 62, 2003 WL 1793369 (Mo. Ct. App. 2003).

Opinion

108 S.W.3d 62 (2003)

In the Interest of K.J.K. and G.T.K., Jr., children under seventeen years of age.
G.T.K., Sr., and J.L.F., Appellants,
v.
Greene County Juvenile Office, Respondent.

Nos. 25024, 25026, 25027.

Missouri Court of Appeals, Southern District, Division Two.

April 7, 2003.
Petition for Rehearing and Transfer Denied April 28, 2003.

*64 Christopher A. Hazelrigg, of Hazelrigg, Roberts & Easley, P.C., Lois M. Zerrer, Zerrer & Pruitt, LLC, Springfield, MO, for Appellants.

William Prince, Springfield, MO, for Respondent.

JAMES K. PREWITT, Presiding Judge.

In this consolidated appeal, G.T.K., Sr. ("Father") appeals from judgments terminating his parental rights to G.T.K., Jr. ("G.T.K."), born October 31, 1994, and K.J.K., born May 26, 1999, and J.L.F. ("Mother") appeals from a judgment terminating her parental rights to K.J.K. G.T.K.'s mother voluntarily terminated her parental rights, and her rights are not at issue in this appeal. With three points relied on, Father contends that there was not clear, cogent, and convincing evidence presented in support of the termination of his parental rights and that the trial court's findings in regard to the factors enumerated in § 211.447.6, RSMo 2000, were against the weight of the evidence. Mother raises one point relied on in which she attacks several findings of the trial court, arguing that there was insufficient evidence for the trial court to find them clearly, cogently, and convincingly, and contends that the trial court erred in its *65 determination that the termination was in the best interests of her child, K.J.K.

K.J.K. has been under the care and custody of the Juvenile Court of Greene County and in the temporary custody of the Missouri Division of Family Services ("DFS") since July 24, 1999, and has been adjudicated neglected and abused. G.T.K. has also been adjudicated neglected and abused, and has been under the care and custody of DFS since November 10, 1999.

On March 8, 2001, petitions to terminate the parental rights of Father with respect to K.J.K. and G.T.K., and Mother with respect to K.J.K., were filed. Within both petitions, DFS sought termination of Father's and Mother's rights based on § 211.447.2(1), RSMo 2000, (children had been in foster care for at least fifteen of the last twenty-two months); § 211.447.4(2), RSMo 2000, (children had been abused or neglected); and § 211.447.4(3), RSMo 2000, (children had been under the trial court's jurisdiction for a period of one year, and conditions leading to the assumption of that jurisdiction still exist or conditions of a potentially harmful nature continue to exist).

Following a hearing on the petitions, the trial court entered one judgment terminating Father's parental rights to G.T.K. and another judgment terminating the rights of both Father and Mother to K.J.K. Considering the judgment terminating Father's parental rights to G.T.K., the trial court found the following statutory grounds existed for termination:

a. [G.T.K.] has been in alternative care for fifteen of the most recent twenty-two months.

b. [G.T.K.] was abandoned by the unknown biological father [not Father].

c. [G.T.K.] was neglected by the fathers [Father and the unknown biological father].

d. [G.T.K.] has been under the jurisdiction of the [trial] court for in excess on one year and the conditions leading to the assumption of jurisdiction continue to exist.

The trial court made findings regarding the following factors from § 211.447.6, RSMo 2000:

a. The emotional ties to the birth parent. There was no evidence presented that [G.T.K.] had any emotional ties to [Father]. Evidence was presented that visits between [Father] and [G.T.K.] were terminated due to the adverse effect the visits were having on [G.T.K.]. Evidence was presented that [G.T.K.'s] behaviors stabilized following cessation of the visits.

b. The extent to which the parent maintained regular visitation or other contact with the minor child. [Father has] not provided payments for the care and maintenance of [G.T.K.] including the time [G.T.K.] was in the custody of [DFS]. [Father] maintained visitation with [G.T.K.] until visitation was suspended at the request of [G.T.K.'s] therapist.

c. The extent of payment by parent for the cost of care and maintenance of the minor child, when financially able to do so, including the time that the minor child was in the custody of [DFS] or other child-placing agency. [Father] did not provide financial support for [G.T.K.]. He did provide items of in-kind support for [G.T.K.].

d. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parents within an ascertainable amount of time. [The trial court] finds that there were no *66 additional services that could be offered to [Father].

e. The parents have shown a disinterest in and a lack of commitment to the minor child. [The trial court] finds that [Father has] demonstrated a lack of commitment to [G.T.K.] by failing to make the changes necessary to provide [G.T.K.] with a safe, stable, and appropriate home environment.

Based on the factors, the trial court concluded that terminating Father's parental rights would be in the best interests of G.T.K.

Considering the judgment in which Father's and Mother's parental rights were terminated to K.J.K., the trial court found the following statutory grounds existed for termination:

a. [K.J.K.] has been in alternative care for fifteen of the most recent twenty-two months.

b. [K.J.K.] was abandoned by the unknown biological father.

c. [K.J.K.] was neglected by [Mother] and the fathers [Father and unknown biological father].

d. [K.J.K.] has been under the jurisdiction of the [trial] court for in excess of one year and the conditions leading to the assumption of jurisdiction continue to exist.

The trial court made findings regarding the following factors from § 211.447.6, RSMo 2000:

a. The emotional ties to the birth parent. There was no evidence presented that [K.J.K.] demonstrated health[y] emotional ties to [Father and Mother].

b. The extent to which the parent maintained regular visitation or other contact with the minor child. [Father and Mother] generally maintained regular visitation with [K.J.K.]

c. The extent of payment by parent for the cost of care and maintenance of the minor child, when financially able to do so, including the time that the minor child was in the custody of [DFS] or other child-placing agency. [Father and Mother] did not provide financial support for [K.J.K.]. They did provide items of in-kind support for [K.J.K.].

d. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parents within an ascertainable amount of time. [The trial court] finds that there were no additional services that could be offered to [Father and Mother].

e. The parents have shown a disinterest in and a lack of commitment to the minor child. [The trial court] finds that [Father and Mother] have demonstrated a lack of commitment to [K.J.K.] by failing to make the changes necessary to provide [G.T.K.] with a safe, stable, and appropriate home environment.

Based on the factors, the trial court concluded that terminating Father's and Mother's parental rights would be in the best interests of K.J.K.

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Related

In Interest of M.J. v. Greene County Juvenile Office
66 S.W.3d 745 (Missouri Court of Appeals, 2001)
In the Interest of F.M.
979 S.W.2d 944 (Missouri Court of Appeals, 1998)
In Interest of CKG
827 S.W.2d 760 (Missouri Court of Appeals, 1992)
In the Interest of A.M.C.
983 S.W.2d 635 (Missouri Court of Appeals, 1999)
Greene County Juvenile Office v. K.D.B.
30 S.W.3d 868 (Missouri Court of Appeals, 2000)
Juvenile Officer v. D.M.
85 S.W.3d 682 (Missouri Court of Appeals, 2002)
G.T.K. v. Greene County Juvenile Office
108 S.W.3d 62 (Missouri Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
108 S.W.3d 62, 2003 WL 1793369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kjk-moctapp-2003.