In Re SLJ

3 S.W.3d 902, 1999 WL 993810
CourtMissouri Court of Appeals
DecidedOctober 28, 1999
Docket22833
StatusPublished

This text of 3 S.W.3d 902 (In Re SLJ) 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 SLJ, 3 S.W.3d 902, 1999 WL 993810 (Mo. Ct. App. 1999).

Opinion

3 S.W.3d 902 (1999)

In re the Interest of S.L.J. and E.M.J.
State of Missouri, Greene County Juvenile Office, Petitioner-Respondent,
v.
Donald A. Cook, Jr., Respondent-Appellant.

No. 22833.

Missouri Court of Appeals, Southern District, Division One

October 28, 1999.

*903 Christopher A. Hazelrigg, Hazelrigg & Roberts, P.C., Springfield, for Appellant.

Bill Prince, Springfield, for Respondent.

KENNETH W. SHRUM, Judge.

Donald A. Cook, Jr., (Father) appeals *904 from a judgment of the juvenile court[1] terminating his parental rights to his alleged biological daughter, S.L.J., under § 211.447, RSMo Cum.Supp.1997. Father contends the juvenile court erred in ruling to terminate his parental rights because the juvenile officer failed to prove the bases for termination by clear, cogent, and convincing evidence. We affirm the judgment.[2]

FACTS

Father is currently serving a fifteen-year sentence in the custody of the Missouri Department of Corrections for second-degree murder. By Father's estimation, S.L.J. was conceived approximately one and one-half months before his arrest and incarceration in October 1990. Around the time of S.L.J.'s conception, Father was living with S.L.J.'s biological mother (Mother). Father testified that at the time he was incarcerated, Mother was not "showing," that Mother had not told him she was pregnant, and that he did not otherwise know she was pregnant. S.L.J. was born March 25, 1991. In 1993, the Missouri Department of Social Services, Division of Child Support Enforcement, filed a paternity action against Father. Father testified that this was the first he knew of S.L.J., who was then "a little over two years old." Upon learning of S.L.J., Father contacted Mother via telephone. Father testified that during this phone call, "I got to speak with [S.L.J.]—I mean, as much as you can speak with someone that age." He further testified that, as of the time of the hearing, this was the only time he had spoken with S.L.J. on the phone and that he had never met S.L.J. in person.

Approximately one month after this contact, on or about July 8, 1993, the juvenile court assumed jurisdiction of S.L.J. and placed her in the custody of Greene County Division of Family Services (DFS). Father testified that, as a result, he did not have any contact with S.L.J. for two years following his first and only phone conversation with her. He explained, "[N]o one informed me where [S.L.J.] was at. I—It took me that long to find out where [she] was at." Father did learn from S.L.J.'s great uncle that S.L.J. was in the custody of DFS, though he still did not know where she was. When asked what efforts he made to reestablish contact with S.L.J., Father responded, "The only thing I could do. I was steadily writing letters to different agencies in the state."

In 1995, Father learned that S.L.J. was in the custody of Greene County DFS. At that point, he made contact with S.L.J.'s DFS caseworker, D.J. Patrick Cary (Cary). At the hearing in this case, Cary testified that during the time she handled S.L.J.'s case, Father "sent cards and letters to [S.L.J.]" but did not have any other contact with S.L.J., and S.L.J. did not "return[] any correspondence or communicate[ ] with [Father]." Cary further testified that, to her knowledge, S.L.J. had no emotional connection to Father and that Father did not "provide any ... kind of money or gifts or anything of that nature." In September 1996, Cary resigned her position with DFS and S.L.J.'s case was temporarily transferred to another caseworker. Then, in March 1997, DFS caseworker Stephen Rule (Rule) took over S.L.J.'s case and continued to work with S.L.J. up to the time of the hearing in this case. Rule testified at the hearing that Father sent S.L.J. cards and letters on "[b]irthdays *905 and holidays" and that, to his knowledge, Father had not provided "any kind of financial assistance, even in a limited form," or "any kind of clothing or toys or gifts for [S.L.J.]" When asked whether he believed S.L.J. had "any kind of emotional ties or bonding to" Father, Rule answered, "She doesn't know him." Rule also testified that during the time he had been working with S.L.J., she had not talked or asked about Father. Finally, Rule testified that even if Father were not presently incarcerated, "there's no likelihood ... that [S.L.J.] could be returned to [Father]... in the foreseeable future," and that "continuing the parent/child relationship between [S.L.J.] and [Father] ... would jeopardize this child's ability to become a part of a stable and permanent home."

Father's testimony corroborated Cary's and Rule's in most respects regarding his financial support and contacts with S.L.J. Father admitted that he had not paid any support for S.L.J., although he earned $7.50 per month "most of the time." Father was unable to estimate the frequency of his cards and letters to S.L.J., though he testified that he sent them for "[b]irthdays, holidays, and other times other than just birthdays and holidays." He later stated, "[N]o, it wasn't consistent. It was that I was doing it and that I wasn't trying to let too much—too much time lapse in between doing it."

Following the hearing, the juvenile court issued its judgment terminating Father's parental rights to S.L.J. The juvenile court based the termination on three grounds: abandonment, § 211.447.2(1); abuse or neglect, § 211.447.2(2); and the existence of juvenile court jurisdiction over the child for one year coupled with findings that "conditions which led to the [juvenile court's] assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future," and that "the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home," § 211.447.2(3). Specifically, the juvenile court found that § 211.447.2(1)(b), (2)(d), (3)(a), and (3)(b) were applicable to the instant case. Father appeals.

We recount additional facts where relevant to our consideration of Father's point on appeal.

APPLICABLE STATUTORY PROVISIONS

The juvenile officer filed the petition in this case on February 9, 1998. On July 1, 1998, § 211.447, RSMo Cum.Supp.1998 took effect. The juvenile court heard the case on August 12, 1998, and issued its judgment on January 12, 1999. The juvenile court made its findings of fact and conclusions of law in accordance with § 211.447, RSMo Cum.Supp.1997. This sequence of events requires us to determine which version of § 211.447 governs this case, i.e., the version in effect at the time of the filing of the petition or the version that became effective while the case was pending. Both parties cite to the 1998 amendment in their briefs but neither expressly addresses the issue of which law should apply. We conclude that the juvenile court correctly applied § 211.447, RSMo Cum.Supp.1997.

Article I, Section 13, of the Missouri Constitution provides that "no ex post facto law, nor law ... retrospective in its operation can be enacted." As a result, we presume that statutes operate prospectively only. Jones v. Missouri Dep't of Soc. Serv., 966 S.W.2d 324, 327[1] (Mo.App.1998) (citing Callahan v. Cardinal Glennon Hosp.,

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Bluebook (online)
3 S.W.3d 902, 1999 WL 993810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-slj-moctapp-1999.