In Re LND

219 S.W.3d 820, 2007 WL 1176889
CourtMissouri Court of Appeals
DecidedApril 23, 2007
Docket27910
StatusPublished

This text of 219 S.W.3d 820 (In Re LND) 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 LND, 219 S.W.3d 820, 2007 WL 1176889 (Mo. Ct. App. 2007).

Opinion

219 S.W.3d 820 (2007)

In re the Interest of L.N.D.

No. 27910.

Missouri Court of Appeals, Southern District, Division Two.

April 23, 2007.

*822 Margaret Elise Branyan-Barker, Springfield, MO, for Appellant.

William C. Prince, Springfield, MO, for Respondent.

Robert George Asperger II, Springfield, MO, for Juvenile/Minor.

JEFFREY W. BATES, Chief Judge.

G.D., Jr. (Father), appeals from a judgment terminating his parental rights to L.N.D. pursuant to a petition filed by the Deputy Juvenile Officer of Greene County, Missouri.[1] The trial court terminated Father's parental rights pursuant to § 211.447.4(2) (abuse or neglect) and § 211.447.4(3) (failure to rectify).[2] On appeal, Father contends that there was insufficient evidence to support either statutory ground for termination. We affirm.

I. Factual and Procedural Background

When we review a trial court's judgment terminating parental rights, we consider the facts and the reasonable inferences derived therefrom in a light most favorable to the judgment. In re L.R.S., 213 S.W.3d 161, 164 (Mo.App.2007); In re L.M., 212 S.W.3d 177, 180 (Mo.App.2007). Viewed in that light, the following evidence was adduced at trial.

In May 2003, Father was charged with distributing a controlled substance near a school. At some point not disclosed by the record, he was convicted of that charge and placed on five years probation.

L.N.D. was born on August 17, 2003, and resided with K.S. (Mother) in Springfield, Missouri. L.N.D. suffered from apnea and sometimes stopped breathing for as long as 29 seconds while sleeping. Absent timely stimulation or resuscitation, an infant suffering from apnea could suffer brain damage or die due to lack of oxygen. L.N.D. was at an increased risk of death because a previous sibling died of Sudden Infant Death Syndrome. Shortly after birth, L.N.D. began receiving treatment from Dr. Kathleen Rice, an apnea specialist. When L.N.D. was two weeks old, Dr. Rice met with Father "and discussed at length the prolonged apneas and the importance of monitoring and good follow-up."

Thereafter, neither Mother nor Father brought L.N.D. to scheduled appointments with Dr. Rice or the child's general pediatrician. In addition, the apnea monitor was only being used about 60% of the time when L.N.D. slept, which placed her in danger of death or brain damage.[3]

*823 On November 18, 2003, the Children's Division (Division) received a hotline call that L.N.D. was not being taken to the doctor or monitored for apnea. The next day, Division Supervisor Ron Keyes (Keyes) and a Springfield police officer made contact with Mother and L.N.D. The child was taken to the juvenile court office for a conference, which Father attended. While there, he was interviewed by Keyes. Father said he lived in Springfield with his mother and only occasionally had contact with Mother and L.N.D. Father admitted that L.N.D. was supposed to be on an apnea monitor, but he did not know whether the monitor was being utilized. He also knew L.N.D. had doctor's appointments, but "he chose not to" provide any assistance in getting her to those appointments. Finally, Father admitted to smoking marijuana within the past two weeks.

After obtaining copies of L.N.D.'s medical records, Keyes verified that the child had not been on her apnea monitor or attended scheduled medical appointments. The Division tried to work with Mother and Father by offering the services of a Medicaid van to transport L.N.D. to medical appointments, but the parents made statements suggesting they would not use the service. On November 20, 2003, L.N.D. was removed from Mother's home so the child could receive necessary medical care that was not being provided by Mother or Father. That same day, the child was taken into protective custody by the court on grounds of parental neglect.

The adjudicatory hearing was held on January 14, 2004. The court found that the allegations of the petition were true and that L.N.D. was in need of care and protection. On that same date, the court approved a treatment plan for Father. Among other provisions, the plan required Father to: (1) attend parenting classes; (2) attend apnea monitor training; (3) obtain a drug and alcohol assessment, follow all recommendations and undergo random drug tests; (4) not violate the law; (5) maintain a lawful means of steady support; (6) provide support for his child; (7) maintain contact with L.N.D. through regular visitation; and (8) provide and maintain a stable place of residence. Father was supposed to contact the Division once each week concerning his treatment plan, but he only did so once per month.

Father had limited success in complying with his treatment plan. He received apnea monitor training at a local hospital in January 2004, and he attended parenting classes from late July through September 2004. He was not successful in completing any of the other requirements.

Father underwent drug and alcohol assessment in February 2005 and began a treatment program in March 2005. He completed a 28-day inpatient drug treatment program. He also started, but did not complete, a 22-week outpatient drug treatment program. Father missed some scheduled urinalysis tests that were part of his random drug screens, and he had one positive screen for marijuana in January 2005.

Father's positive drug test resulted in the filing of a motion to revoke his probation for failure to comply with the rules of his outpatient substance abuse program and for not completing that program. Father also violated his probation by having guns in his house. These violations of law led to the revocation of his probation on April 1, 2005. He was ordered to serve a 12-year sentence and remained incarcerated at the time of trial. He was not due to be released from prison until March 19, *824 2017.[4] In addition, Father faced a state charge for statutory rape and a federal drug conspiracy charge. Neither charge had been resolved as of the date of trial.

Between November 2003 and April 2005, Father was working for Penmac and a food company. Nevertheless, Father failed to provide L.N.D. with any financial support. In October 2005, the Family Support Division entered an administrative order requiring Father to pay $1.00 per month as child support for L.N.D. Even these nominal payments were not made by Father. His in-kind support was limited to a few gifts of clothing and toys at the beginning of the case. Father provided no in-kind support after August 2004.

Father was scheduled to have one hour of supervised visitation per week. Father and Mother visited L.N.D. two times at the beginning of the case in November or December 2003. In March 2004, the Division scheduled visitation for Father in July 2004, but he canceled because he had to work. In August 2004, the Division tried to arrange visitation, but Father did not follow through with the scheduling process. The next time Father saw L.N.D. was in September 2004. During that month, Father participated in three parent-child interaction sessions with L.N.D. These sessions, which each lasted one hour, were part of the parenting class. Around Christmas 2004, Father came to the visitation with a strong odor of smoke about his body.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of K.W.
167 S.W.3d 206 (Missouri Court of Appeals, 2005)
Vigil-Keyes v. Vanderwal
203 S.W.3d 749 (Missouri Court of Appeals, 2006)
Roberson v. KMR Construction, LLC
208 S.W.3d 320 (Missouri Court of Appeals, 2006)
In the Interest of L.M. v. Greene County Juvenile Office
212 S.W.3d 177 (Missouri Court of Appeals, 2007)
C.M.S. v. Greene County Juvenile Office
213 S.W.3d 161 (Missouri Court of Appeals, 2007)
In the Interest of M.B.A
709 S.W.2d 941 (Missouri Court of Appeals, 1986)
Kierst v. A.O.G.
965 S.W.2d 326 (Missouri Court of Appeals, 1998)
Juvenile Officer v. M.D.
18 S.W.3d 556 (Missouri Court of Appeals, 2000)
Juvenile Officer v. L.L.J.
24 S.W.3d 771 (Missouri Court of Appeals, 2000)
Campbell v. R.L.O.
75 S.W.3d 905 (Missouri Court of Appeals, 2002)
Juvenile Officer v. A.S.
83 S.W.3d 76 (Missouri Court of Appeals, 2002)
J.K.T. v. State
88 S.W.3d 903 (Missouri Court of Appeals, 2002)
L.M.S. v. State
90 S.W.3d 232 (Missouri Court of Appeals, 2002)
Missouri Division of Family Services v. A.R.H.
124 S.W.3d 63 (Missouri Court of Appeals, 2004)
In the Interest of P.L.O.
131 S.W.3d 782 (Supreme Court of Missouri, 2004)
In the Interest of A.S.W.
137 S.W.3d 448 (Supreme Court of Missouri, 2004)
In the Interest of C.F.C.
156 S.W.3d 422 (Missouri Court of Appeals, 2005)
M.D.R. v. Greene County Juvenile Office
179 S.W.3d 418 (Missouri Court of Appeals, 2005)
In re the Interest of L.N.D.
219 S.W.3d 820 (Missouri Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
219 S.W.3d 820, 2007 WL 1176889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lnd-moctapp-2007.