In Re TAS

32 S.W.3d 804, 2000 WL 1807919
CourtMissouri Court of Appeals
DecidedDecember 12, 2000
DocketWD 58229
StatusPublished
Cited by1 cases

This text of 32 S.W.3d 804 (In Re TAS) 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 TAS, 32 S.W.3d 804, 2000 WL 1807919 (Mo. Ct. App. 2000).

Opinion

32 S.W.3d 804 (2000)

In the Interest of T.A.S.
Juvenile Officer, Boone County, Respondent,
v.
P.S.L. (Natural Mother), Appellant,
B.R.S. (Natural Father), Defendant.

No. WD 58229.

Missouri Court of Appeals, Western District.

December 12, 2000.

*807 Susan M. Venturella, Columbia, for appellant.

Elizabeth K. Magee, Columbia, for respondent.

Glen R. Ehrhardt, Columbia, for guardian ad litem.

Before BRECKENRIDGE, P.J., and ULRICH and HOWARD, JJ.

HOWARD, Judge.

P.S.L., natural mother ("mother") appeals from the trial court's termination of her parental rights to T.A.S., a minor child. In her seven points on appeal, the mother contends the trial court erred in terminating her parental rights on the grounds of failure to rectify and parental unfitness, and in finding that termination was in T.A.S.'s best interests.

We reverse and remand.

Facts

T.A.S. was born on January 15, 1990. Her natural mother is P.S.L., and her natural father is B.R.S., Sr. The mother and the father had a son, B.R.S., Jr., born November 24, 1988. On April 17, 1991, B.R.S., Jr. was made a ward of the court. On November 6, 1995, the court entered an order terminating the mother's and father's parental rights to B.R.S., Jr. On appeal, this court reversed the termination order and remanded the case to the Boone County Circuit Court. In Interest of B.R.S., 937 S.W.2d 773 (Mo.App. W.D.1997). On February 14, 1997, the court again entered an order terminating parental rights, and the order was affirmed by this court on appeal. In Interest of B.R.S., Jr., 950 S.W.2d 335 (Mo.App. W.D.1997). In the case at bar, the court took judicial notice of the orders of termination in the proceeding involving B.R.S., Jr.

The mother has a son, F.D., Jr., born in September 1991, while the mother and father were separated. The mother and the father were divorced in February 1993. The mother married L.L. in October 1993, *808 and they separated in January 1994. While the mother was incarcerated, she gave birth to a daughter in September 1994, and the daughter died in October 1994 while in the custody of her father, S.B. The mother married S.B. in December 1994 after her divorce from L.L.

The mother has been incarcerated since the inception of juvenile court proceedings involving T.A.S. On December 13, 1995, T.A.S. was found to be within the jurisdiction of the court. On February 26, 1996, the court entered an order of disposition continuing T.A.S. in the custody and under the supervision of the Division of Family Services ("DFS") for placement with the father. On July 22, 1996, the court terminated its jurisdiction over T.A.S.

On February 27, 1997, the juvenile officer filed a petition alleging that T.A.S. was in need of care and treatment pursuant to § 211.031.1(1) RSMo. The trial court took judicial notice of proceedings in the present case beginning on February 27, 1997, with the protective custody order of that date. The court also took judicial notice of the March 26, 1997 and July 21, 1999 orders finding the allegations of the February 27, 1997 petition, as amended by the juvenile officer, to be true. On March 26, 1997, based on the February 27, 1997 petition, T.A.S. was found to be within the jurisdiction of the court and was made a ward of the court. On May 12, 1997, the court entered an order of disposition continuing T.A.S. in the custody and under the supervision of DFS for placement in foster care.

On June 19, 1998, the juvenile officer filed a petition to terminate the parental rights of the mother and the father to T.A.S. On November 23, 1998, the juvenile officer filed a first amended petition for termination. The termination petition was further amended by the juvenile officer at a hearing on July 19, 1999.

The juvenile officer presented two witnesses: Wendy Morgan, a licensed clinical social worker who had worked with T.A.S. since October 1995, and Michelle Croner, the DFS case manager for T.A.S. from March 1997 to June 1998. The mother also testified. The witnesses' testimony will be discussed as warranted by the points on appeal.

On December 6, 1999, the trial court entered a judgment terminating the parental rights of the mother and father on the grounds of failure to rectify[1] and parental unfitness. This appeal follows.

Standard of Review

We will affirm the trial court's judgment terminating parental rights unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. In re J.W., 11 S.W.3d 699, 703 (Mo.App. W.D.1999). We view the facts and all reasonable inferences arising therefrom in the light most favorable to the trial court's order. Id. We defer to the trial court on issues of witness credibility and choosing between conflicting evidence. In Interest of T.H., 980 S.W.2d 608, 611 (Mo.App. W.D.1998).

Argument

An order of termination must be supported by clear, cogent and convincing evidence that at least one of the grounds set out in § 211.447[2] exists, and the termination is in the child's best interests. Id. "Clear, cogent and convincing evidence in an action for termination of parental rights is evidence that instantly tilts the scales in favor of termination when weighed against *809 the evidence in opposition and the finder of fact is left with the abiding conviction that the evidence is true." In Interest of J.M., 815 S.W.2d 97, 101 (Mo.App. W.D.1991).

Point I

The mother's first point on appeal is that the trial court erred in terminating her parental rights for failure to rectify, because the court did not comply with the termination of parental rights statute in that 1) the court's finding as to the terms of a social service plan entered into by DFS and her and the extent to which the parties have made progress in complying with those terms is erroneous and confusing such that it is tantamount to a failure to make a finding on this factor as required by § 211.447.2(3)(a); 2) the court failed to make a finding as to the success or failure of the efforts of the juvenile officer, DFS, or other agency to aid her on a continuing basis in adjusting her circumstances or conduct to provide a proper home for T.A.S., as required by § 211.447.2(3)(b); 3) the court failed to make a finding as to the existence of a chemical dependency which prevents her from providing the necessary care, custody and control over T.A.S., as required by § 211.447.2(3)(d); 4) although the court determined that her contact with T.A.S. was a factor which was appropriate and applicable to the case, the court failed to make a finding as to the extent to which she has maintained visitation with T.A.S., as required by § 211.447.3(2); 5) although the court determined that the extent of her payment for the cost, care and maintenance of T.A.S. was a factor which was appropriate and applicable to the case, the court failed to make a finding as to her financial ability to pay such costs, as required by § 211.447.3(3).

We first address the mother's arguments concerning § 211.447.2. Section 211.447.2 provided, in relevant part, as follows:

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Bluebook (online)
32 S.W.3d 804, 2000 WL 1807919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tas-moctapp-2000.