In Re SRJ, Jr.

250 S.W.3d 402, 2008 WL 562252
CourtMissouri Court of Appeals
DecidedMarch 4, 2008
DocketED 89348
StatusPublished

This text of 250 S.W.3d 402 (In Re SRJ, 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 SRJ, Jr., 250 S.W.3d 402, 2008 WL 562252 (Mo. Ct. App. 2008).

Opinion

250 S.W.3d 402 (2008)

In re the Interest of S.R.J., JR., a minor.
Missouri Division of Family Services, Petitioner-Respondent,
v.
S.R.J., Sr., The Child's Natural Father, Respondent-Appellant.

No. ED 89348.

Missouri Court of Appeals, Eastern District, Division One.

March 4, 2008.
Motion for Rehearing and/or Transfer Denied April 8, 2008.
Application for Transfer Denied May 20, 2008.

*404 Eric Charles Hensic, High Ridge, for appellant.

Charles C. Maas, (Guardian Ad Litem), Arnold, MO, for juvenile.

Mark J. Schwartz, Hillsboro, MO, for respondent/juvenile officer.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 8, 2008.

Introduction

KENNETH M. ROMINES, Judge.

This is a termination of parental rights case. Our inquiry concerns whether the trial court erred in finding statutory grounds for termination of parental rights, and whether the trial court erred in finding that termination of parental rights was in the best interests of the child. We find no error on the part of the trial court and therefore affirm the judgment.

Factual and Procedural Background

This case involves the termination of S.R.J., Sr.'s ("Father") right to his minor child, S.R.J. Jr. ("S.R.J.Jr."). On 18 March 2004, the Juvenile Officer filed a petition alleging that S.R.J. Jr. was without proper care, custody or support and that the minor child's residence was unsafe or unsanitary because the mother had been evicted and had no housing. On 18 March 2004, the Juvenile Court entered a temporary protective custody order placing the minor child in the temporary care of the Children's Division. On 22 March 2004, the Juvenile Officer filed a first amended petition alleging that on or about 14 March 2004, Mother and Father knowingly moved with S.R.J. Jr. into a residence where a methamphetamine lab had been found in February 2004, where there had been a series of fires in March 2004, and where an occupant of the residence had drug problems. The first amended petition further alleged that on or about 16 March 2004, a fire broke out in the residence and as a result, Mother, Father and S.R.J. Jr. were without a fixed place of abode.

The court held a protective custody hearing on 31 March 2004. Father appeared at the hearing where the Juvenile Officer served Father with a summons and a copy of the Juvenile Officer's first amended petition. The court found it necessary for S.R.J. Jr. to remain in protective custody, and further ordered Father to have visitation with the juvenile for a minimum of one hour per week, supervised by the Children's Division.

On 4 June 2004, the Juvenile Officer filed a second amended petition that alleged, inter alia, that on or about 24 March 2004, chemicals and materials associated with the manufacture or use of methamphetamine were located within S.R.J. Jr.'s residence, indicating that the materials had been present during the time S.R.J. Jr. resided therein. On 26 January 2005, the Juvenile Court entered *405 its judgment assuming jurisdiction over the juvenile under Section 211.031.1(1) RSMo (2000)[1]. At this time, the court placed S.R.J. Jr. in the legal custody of the Children's Division, and suspended any visitation pending Father's completion of anger management and psychological/psychiatric evaluations. At this time the court also approved a written service agreement between the Division and Father which contained thirteen (13) assignments which Father agreed to complete.

While he completed some of the assignments, Father failed to complete more than half of the terms of the written service agreement. Specifically, Father would not take prescribed medications unless given him for free. Father failed parenting classes on his first attempt and did not sign releases for the Juvenile Officer or Children's Division to verify completion on his second attempt. Father also did not abstain from non-prescription drugs, as he admittedly smoked marijuana while the child was in the court's custody. Father further refused to attend individual therapy after only four sessions because a male therapist was not available. Additionally, Father did not pay child support during the time the child was in the court's custody. Father did not maintain steady employment and did not update the Children's Division on his contact information when he moved. Finally, Father did not maintain clean, orderly and safe housing.

On 2 May 2006, the Juvenile Officer filed a petition to terminate the parental rights of Father. On 24 October 2006, the Juvenile Officer filed the amended petition to terminate parental rights with regard to Father. The Juvenile Officer filed the petition under the provisions of Sections 211.447.4(2); (3); and (6). The parties participated in a hearing on 20 November 2006 and again on 4 December 2006.

On 18 January 2007, the court entered its judgment terminating Father's parental rights under Sections 211.477.4(2); (3) and (6). This appeal follows.

Discussion

Father raises two issues on appeal. First, Father claims that the trial judge erred in terminating Father's parental rights in that the Juvenile Officer failed to meet with the court and request that the court order the investigation and social study as required by Section 211.455. Second, Father asserts the trial judge erred in finding that the Juvenile Officer proved by clear, cogent, and convincing evidence that Father's parental rights should be terminated under Sections 211.477.4(2); (3) and (6), and that termination was in the best interest of the child.

Investigation and Social Study

Section 211.455.1 requires that, within thirty days following the filing of a petition for termination of parental rights, the Juvenile Officer meet with the court to request that the court order an investigation and social study. Father claims that the trial judge erred because the required meeting never took place and the court did not order the investigation and social study. Because Father did not adequately preserve this issue for appeal, we do not review it.[2]

*406 Termination of Parental Rights

Father claims that the trial judge erred in finding that the Juvenile Officer proved by clear, cogent, and convincing evidence that Father's parental rights should be terminated and that termination was in the best interest of the child.

Standard of Review

The standard of review for judgments terminating parental rights is based on the requirements of Section 211.447.5. Those requirements are: 1) the trial court must find by clear, cogent, and convincing evidence that one or more grounds for termination exists under subsections 2, 3 or 4 of Section 211.447; and 2) the trial court must find that termination is in the best interests of the child. In Interest of P.L.O., 131 S.W.3d 782, 788 (Mo. banc 2004). We review whether statutory grounds under Section 211.447.2, .3 or .4 have been proven by clear, cogent and convincing evidence under the standard set forth in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We affirm the trial court's judgment unless no substantial evidence supports it, it is contrary to the weight of the evidence, or it erroneously declares or applies the law. Id.

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Related

Hancock v. Shook
100 S.W.3d 786 (Supreme Court of Missouri, 2003)
Niederkorn v. Niederkorn
616 S.W.2d 529 (Missouri Court of Appeals, 1981)
Murphy v. Carron
536 S.W.2d 30 (Supreme Court of Missouri, 1976)
State v. Muegge
842 S.W.2d 192 (Missouri Court of Appeals, 1992)
In the Interest of P.L.O.
131 S.W.3d 782 (Supreme Court of Missouri, 2004)
State v. J.I.D.
144 S.W.3d 856 (Missouri Court of Appeals, 2004)
In the Interest of C.F.C.
156 S.W.3d 422 (Missouri Court of Appeals, 2005)
Missouri Division of Family Services v. S.R.J.
250 S.W.3d 402 (Missouri Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
250 S.W.3d 402, 2008 WL 562252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-srj-jr-moctapp-2008.