In Re LEC

94 S.W.3d 420, 2003 WL 138229
CourtMissouri Court of Appeals
DecidedJanuary 21, 2003
DocketWD 61306
StatusPublished

This text of 94 S.W.3d 420 (In Re LEC) 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 LEC, 94 S.W.3d 420, 2003 WL 138229 (Mo. Ct. App. 2003).

Opinion

94 S.W.3d 420 (2003)

In the Interest of L.E.C., J.I.C, and B.C, III, Plaintiffs,
Juvenile Officer, Respondent,
v.
K.C. (Mother), Appellant.

No. WD 61306.

Missouri Court of Appeals, Western District.

January 21, 2003.

*421 George Lee Stafford, Slater, MO, for Appellant.

Donald George Stouffer, Marshall, MO, for Respondent.

Before HAROLD L. LOWENSTEIN, P.J., JAMES M. SMART, JR., and LISA WHITE HARDWICK, JJ.

JAMES M. SMART, JR., Judge.

The Circuit Court of Saline County held a permanency hearing to determine whether K.C.'s children, Layla, Jennifer, and Bernardo, should continue in foster care, be returned to the custody of their mother, or whether proceedings should be instituted to terminate the parent's rights and legally free the children for adoption. The children's mother, K.C., also filed a motion for physical custody of the children or, alternatively, for expanded visitation, which was heard with the evidence presented at the permanency hearing. The court terminated Mother's visitation rights and determined that the future permanency plan for the children was adoption. Mother now appeals.

Statement of Facts

The facts of this case expose an extended family rife with sexual and criminal misconduct. On February 26, 1997, Jennifer was scratching between her legs during her kindergarten class. The school nurse removed a pubic louse from the inside of her labia and notified the Missouri Division of Family Services ("DFS"). Social workers from DFS interviewed Jennifer that day. Jennifer gave a graphic and detailed account of sexual abuse, implicating her father as the perpetrator. At the time, Jennifer was six years old.

Jennifer's mother ("Mother") was also interviewed that afternoon by DFS. Mother was told not to discuss anything with Jennifer and that the next day DFS would conduct a videotaped interview and a physical exam on Jennifer. Jennifer was allowed to return home with Mother that evening because the father, B.C. ("Father"), would not be home. In spite of DFS instructions, that evening Mother did discuss the allegations of sexual abuse with Jennifer. Mother clearly implied to Jennifer that she did not believe Jennifer. Mother told Jennifer that Father would go to jail if she lied and told her to tell "the truth."

The DFS took Layla, Jennifer, and Bernardo into protective custody the next day. A SAFE exam was conducted on Jennifer; her hymeneal opening was double the normal size for a child her age, and her vaginal vault showed signs of chronic irritation. Father was found guilty of statutory rape, § 566.032, RSMo 1994, for having sexual intercourse with Jennifer. Father was sentenced as a persistent sexual offender,[1] § 558.018, RSMo 1994, to life imprisonment.

*422 Mother was granted visitation with her children of one hour per week from April 1997 until October 1999, when the visitation was reduced to one hour per month. All visitations with the mother were supervised in a therapeutic environment. The children exhibited behavioral disturbances but appeared to make progress. Mother missed some scheduled visitations and meetings with DFS workers. Mother also exhibited some difficulty planning for the future and exercising child discipline, but did make progress. The Circuit Court of Saline County, after a permanency hearing, determined in April 2001 that DFS should attempt to return the children to their mother. Mother's visitation was increased to one hour per week and then increased to unsupervised weekend visitation.

Mother had agreed with DFS to conduct her unsupervised weekend visitations at her parents' house. During a weekend visit in early September, however, Mother instead took Layla, Jennifer, and Bernardo to spend the weekend at the trailer home of her sister and brother-in-law, Edith and Ronald. Her brother-in-law's father and brother, Russell B. and Michael B., lived in a trailer directly adjacent to Edith and Ronald's trailer. Russell and Michael B. are convicted sexual offenders. Mother was aware that Russell and Michael lived in the adjacent trailer and knew they had a history of sexual offenses. Russell had been incarcerated for molesting his own children. Michael had been incarcerated for forcible sodomy. In 1993, Mother and Father had also accused Michael of molesting Layla.

Mother and the children arrived at the trailer of Mother's sister Friday night. On Saturday, Mother, her sister (Edith), and the female children went out for the day. Ronald stayed at the trailer. Mother's conduct violated a written service agreement Mother had signed with DFS, agreeing that she not leave the children alone with any other person. Michael was also at the trailer. Mother did not worry about leaving Bernardo in the presence of Michael, a convicted sexual offender, she said, because her brother-in-law was also there.

On Sunday, Edith went to work and left Mother to watch all of the children at the trailer. That afternoon, Russell came over to the trailer. Layla and her cousin, Natasha, were playing in Natasha's bedroom while Mother and the other children were in the living room watching movies. Russell went into Natasha's bedroom. Russell was alone with Layla and Natasha for at least five minutes. During that time, Russell kissed Layla and Natasha with his tongue and put his hand in Natasha's underwear. Layla left the room and told Mother what had happened. Mother was aware that Russell had also tried to kiss Layla in the past. Mother told her to stay in the living room with her. Then Natasha left the bedroom and told Mother what Russell had done to her. Mother told Natasha to tell Russell to stop kissing her. When Natasha replied that Russell didn't listen, Mother told her that she would discuss it with Edith, Natasha's mother. After Edith arrived at the trailer, Mother told her what had happened. Edith did not act surprised and said that she would discuss the matter with her husband. Mother then left with her children. Neither Mother nor Edith reported the incident to the police or DFS.

In late September, DFS determined that the children should be placed with Mother for a ninety-day trial home placement. The children were placed in Mother's home on September 26, 2001. During the same week, DFS received a hotline call that Natasha was being molested by Russell B. During the subsequent investigation, *423 DFS learned that Natasha and Layla had been molested while under Mother's supervision. DFS also determined that Mother was aware of the incident but that she did nothing to report it or to prevent the abuse from continuing. Two days after the start of the ninety-day home placement, the children were removed from Mother's home and returned to foster care.

The Juvenile Officer for Saline County filed a motion for permanency hearing, pursuant to § 210.720, RSMo, concerning Layla in November 2001. Mother filed a motion for physical custody of Layla or, alternatively, for expanded visitation rights in December 2001.[2] The Circuit Court of Saline County held a permanency hearing relating to all three children and Mother's motion. The court denied Mother's motion and changed the permanency plan from reunification with Mother to adoption. Mother's visitation was terminated. Mother now appeals.

The Motion For Custody or Expanded Visitation

Mother raises two points on appeal. First, Mother challenges the trial court's denial of her motion for custody or expanded visitation on the grounds that the decision was against the weight of the evidence.

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Juvenile Officer v. K.C.
94 S.W.3d 420 (Missouri Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
94 S.W.3d 420, 2003 WL 138229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lec-moctapp-2003.