In Re SLB

964 S.W.2d 504, 1998 WL 99154
CourtMissouri Court of Appeals
DecidedMarch 10, 1998
DocketWD 53888
StatusPublished

This text of 964 S.W.2d 504 (In Re SLB) 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 SLB, 964 S.W.2d 504, 1998 WL 99154 (Mo. Ct. App. 1998).

Opinion

964 S.W.2d 504 (1998)

In re S.L.B., S.N.B. and R.J.B., Minors.
John R. JOHNSON, Chief Juvenile Officer, Respondent,
v.
A.B. (Natural Mother), Appellant.

No. WD 53888.

Missouri Court of Appeals, Western District.

March 10, 1998.

*505 Candace J. Barnes, St. Joseph, for Appellant.

David R. Schmitt, St. Joseph, Guardian Ad Litem.

James A. Nadolski, St. Joseph, for Respondent.

Before ELLIS, P.J., and HOWARD and RIEDERER, JJ.

HOWARD, Judge.

Mother appeals from the trial court's judgment terminating her parental rights pursuant to § 211.447 RSMo 1994.[1] The mother asserts six points on appeal. First, she contends the trial court erred in terminating her parental rights pursuant to § 211.447.2(2) because the court considered findings pertaining to factors (a) and (c) that were contrary to law, erroneous, and not supported by clear, cogent and convincing evidence. Second, she claims the court erred in terminating her rights pursuant to § 211.447.2(3) because 1) the trial court failed to make a specific finding on factor (d); 2) the trial court's findings were erroneous and not supported by clear, cogent and convincing evidence; 3) the trial court's findings were contrary to law because the court failed to state the terms of a social service plan as required by factor (a). Third, she contends the trial court erred in terminating her parental rights pursuant to § 211.447.2(3) because the court's finding that there is little likelihood that conditions will be remedied at an early date was not supported by clear, cogent and convincing evidence. Fourth, she claims the trial court erred in terminating her parental rights pursuant to §§ 211.447.2(2)(a) or 211.447.2(3) because findings that she could *506 not provide the necessary parenting were not supported by clear, cogent and convincing evidence and were against the greater weight of the evidence. Fifth, she contends the trial court erred in terminating her parental rights pursuant to § 211.447.2(2)(a), 211.447.2(2)(c) and 211.447.2(3) because the findings required by § 211.447.3 were not supported by clear, cogent and convincing evidence and were an abuse of the trial court's discretion. Sixth, she claims the trial court erred in terminating her parental rights pursuant to § 211.477.1 because the finding that termination was in the best interests of the minor children was against the overwhelming weight of the evidence.

We affirm.

Facts

This case involves three children: S.L.B., a female minor child, born June 20, 1988; S.N.B., a female minor child, born September 21, 1989; and R.J.B., a male minor child, born November 18, 1991. All three of the children are "special needs" children. S.L.B. has generalized epilepsy, and attention deficit and hyperactive disorders. S.N.B. has posttraumatic stress disorder, and attention deficit and hyperactive disorders. R.J.B. has serious developmental delays.

The children's natural father is not a party to this action, having relinquished his parental rights to the children on April 3, 1996. The mother's first contact with the Missouri Division of Family Services ("DFS") was a result of a substantiated child neglect report against her in December 1990, whereby S.L.B., who was two and a half years old at the time, was found roaming the streets several blocks from her home. At this time, DFS began working with the mother and continued working with her for several months. The mother moved to Kansas in 1991 and returned to Missouri in September 1992, and DFS resumed preventative services at that time. A second substantiated neglect report was found against the mother in April 1993, as a result of the mother not seeking treatment for severe burns S.L.B. received on her buttocks and legs. The children were placed in foster care and relative care at that time, with the two younger children being returned within three months and S.L.B. remaining in foster care until March 1994.

Following allegations that the children's natural father had sexually abused S.L.B. and S.N.B., the children were placed in foster care in July 1995. On July 12, 1995, the juvenile court entered a formal order placing the children in the custody of the DFS. The court took temporary custody of the minor children on August 3, 1995, based on allegations that the natural father had sexually abused the two girls and that the mother had knowledge of the sexual abuse and failed to protect them from such abuse. On September 14, 1995, the juvenile court entered a final order in which it found that S.L.B. and S.N.B. had been sexually abused by their father, that the abuse placed R.J.B. at risk, and that their mother's limited mental capacity made her incapable of protecting them from such abuse. The court ordered that the children be placed in the care and custody of DFS for placement in foster care.

On December 19, 1996, the trial court terminated the mother's parental rights pursuant to §§ 211.447.2(2) and 211.447.2(3). This appeal followed.

Standard of Review

The standard of review in termination of parental rights matters requires that we sustain the judgment of the trial court unless it is unsupported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. In Interest of M.R., 894 S.W.2d 193, 195 (Mo. App. E.D.1995). The best interests of the children are always the court's utmost concern in a parental rights termination case. In Interest of B.A., 931 S.W.2d 926, 929 (Mo.App. W.D.1996). We defer to the trial court's determination of the credibility of the witnesses and examine all the facts in the light most favorable to the trial court's order. Id. at 930.

Discussion

The mother's first point on appeal is that the trial court erred by terminating her parental *507 rights pursuant to § 211.447.2(2)[2] because the court considered findings pertaining to factors (a) and (c) that were contrary to law, erroneous, and not supported by clear, cogent and convincing evidence. She contends there is no statutory requirement that she be able to independently provide the children with necessary care, custody and control. She further contends that she had no knowledge, nor should she have known, that the sexual abuse was occurring.

In order to terminate parental rights under § 211.447.2, a court must make two findings. It must find that at least one of the grounds for termination set forth in the statute was adequately pleaded and proved. In Interest of S.C., 914 S.W.2d 408, 411 (Mo. App. W.D.1996). The court must also find that the termination is in the children's best interests. In Interest of H.R.R., 945 S.W.2d 85, 87 (Mo.App. W.D.1997).

When terminating parental rights pursuant to § 211.447.2(2), the court is required to consider and make findings as to all four conditions or acts enumerated in the statute. In Interest of S.C., 914 S.W.2d at 411. However, proof of one of the conditions or acts is sufficient for termination. Id.

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Related

In Interest of ND
857 S.W.2d 835 (Missouri Court of Appeals, 1993)
In Interest of SC
914 S.W.2d 408 (Missouri Court of Appeals, 1996)
Division of Family Services v. V.W.
945 S.W.2d 85 (Missouri Court of Appeals, 1997)
In the Interest of M.R.
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Kierst v. A.M.
931 S.W.2d 926 (Missouri Court of Appeals, 1996)
Johnson v. A.B.
964 S.W.2d 504 (Missouri Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
964 S.W.2d 504, 1998 WL 99154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-slb-moctapp-1998.