In Re SMB, Jr.

254 S.W.3d 214, 2008 WL 2132365
CourtMissouri Court of Appeals
DecidedMay 22, 2008
Docket28800
StatusPublished

This text of 254 S.W.3d 214 (In Re SMB, Jr.) 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 SMB, Jr., 254 S.W.3d 214, 2008 WL 2132365 (Mo. Ct. App. 2008).

Opinion

254 S.W.3d 214 (2008)

In the Interest of S.M.B., JR.

No. 28800.

Missouri Court of Appeals, Southern District, Division One.

May 22, 2008.

*215 Christopher A. Hazelrigg, Springfield, for Appellant.

William C. Prince, Springfield, for Respondent Greene County Juvenile Office.

Gary Z. Collins, Springfield, for Juvenile/Minor.

JEFFREY W. BATES, Judge.

S.M.B., Jr. (S.M.B.), is the child of C.B. (Mother) and S.M.B., Sr. (Father). Mother appeals from a judgment terminating the parental rights of Mother and Father pursuant to a petition filed by the Deputy Juvenile Officer of Greene County, Missouri.[1] Mother was not formally served. Nevertheless, she appeared at the termination hearing in person and by counsel, and they fully participated in the trial. After the presentation of evidence, the trial *216 court terminated Mother's parental rights pursuant to § 211.447.4(2) because she had neglected S.M.B.[2] On appeal, Mother contends the court erred because: (1) absent formal service of process, the trial court lacked jurisdiction to terminate Mother's parental rights; and (2) the evidence was insufficient to support the statutory ground for termination. Finding no merit in either contention, this Court affirms.

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.

S.M.B. was born January 3, 1995. Thereafter, Mother and Father got married and then separated. In October 2005, S.M.B. was living with Father; his pregnant girlfriend, A.P.; and their child, D.B. After A.P. gave birth to another child, L.B., the Children's Division (Division) performed a newborn-crisis assessment at the hospital because of A.P.'s reported drug use during the pregnancy. The test revealed the presence of methamphetamine in L.B.'s meconium. Shortly thereafter, D.B. and L.B. were taken into protective custody by the Division. S.M.B., however, could not be located. Father reported that S.M.B. had no contact with Mother due to concerns about her drug use. When the Division contacted Mother, she did not know where S.M.B. was. Through the Division's own investigation, S.M.B. was located in Adair County, Missouri. He was brought back to Greene County and placed in the protective custody of the Division.

Division caseworker Jodi Kelley (Kelley) worked on S.M.B.'s case from its inception. The initial case goal was unification of S.M.B. with Mother and Father. In furtherance of that goal, Kelley prepared a treatment plan. Kelley's initial concerns about Mother included unauthorized persons residing in the household with her and substance abuse. Mother's responsibilities included: (1) visiting S.M.B. on a regular basis; (2) paying child support and providing in-kind support; (3) maintaining stable, safe housing; (4) not allowing other individuals to frequent the household who would pose a threat to S.M.B. and/or who are involved in criminal activity such as drug use, possession or sale; (5) obtaining a drug/alcohol assessment and following all recommendations; (6) submitting to random drug testing; (7) completing a psychological evaluation and following all recommendations; and (8) utilizing services to learn life skills like child care, nutrition and health care. In the months that followed, Mother made little progress in complying with the requirements of her treatment plan.

On December 8, 2006, the juvenile officer filed a petition to terminate the parental rights of Mother and Father based upon the statutory grounds of abandonment and abuse/neglect of S.M.B. That same day, the court appointed attorney Andy Brown to represent Mother. On December 11, 2006, a summons for Mother was issued for service on December 14, 2006.

*217 The next day, attorney Brown entered his appearance for Mother and filed an answer to the petition on her behalf. The answer did not raise the issue of lack of personal jurisdiction over Mother. On December 20, 2006, the summons to Mother was returned non est because she had moved. It does not appear from the record that any further service on Mother was attempted.

The hearing on the petitions to terminate parental rights of Mother, Father and A.P. was held on August 27, 2007.[3] Mother appeared in person and with attorney Brown. At no point during this hearing did Mother raise the issue, by motion or otherwise, that the trial court lacked personal jurisdiction because Mother had not been formally served with the summons and petition.

The evidence supporting the termination of Mother's parental rights came from Kelley. She testified that Mother was supposed to visit S.M.B. on a regular basis. After S.M.B. was placed in the Division's custody, visitation was freely available to Mother whenever she called to schedule a visit. From October through December 2005, Mother visited S.M.B. once. During the entire 2006 calendar year, Mother visited S.M.B. once. From January through August 2007, Mother did not visit S.M.B. at all. Mother offered no explanation for her failure to visit S.M.B., nor did she call to check on his welfare. Mother did not maintain any other form of contact with S.M.B., such as through letters or cards. In addition, Mother failed to provide any financial support for S.M.B. Except for one hand-held video game that was given to S.M.B. in November 2005, Mother failed to provide any other in-kind support for him. In every other aspect of Mother's treatment plan, she was non-compliant. In June 2007, Kelley learned that Mother was incarcerated.

Attorney Brown participated fully in the hearing. During his cross-examination of Kelley, he adduced testimony that Mother had "some major medical problems" in 2006 and that she was never employed to Kelley's knowledge. On one occasion, a scheduled visit with S.M.B. was cancelled after Mother called and reported that she had been in a "car wreck and couldn't make it to the visit." Although Mother was present in court and had the opportunity to testify, she declined to do so. At the conclusion of the hearing, Brown presented a closing argument on Mother's behalf.

After hearing the evidence, the trial court terminated Mother's parental rights to S.M.B. because she neglected the child by repeatedly and continuously failing to provide for his needs. The court made specific findings that: (1) Mother failed and refused to provide financial or in-kind support for S.M.B.; (2) there was no evidence that Mother lacked the ability to provide such support; and (3) Mother failed and refused to maintain a parental relationship with S.M.B. The court also determined that it was in S.M.B.'s best interest to terminate Mother's parental rights. This appeal followed.

II. Standard of Review

To terminate parental rights, a trial court must use a two-step analysis. In re S.J.H., 124 S.W.3d 63, 66 (Mo.App. 2004).

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Bluebook (online)
254 S.W.3d 214, 2008 WL 2132365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-smb-jr-moctapp-2008.