In the Interest of: A.A.R., and A.N.R., Minors, GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent v. M.S.R., Mother

442 S.W.3d 72, 2014 WL 686775, 2014 Mo. App. LEXIS 164
CourtMissouri Court of Appeals
DecidedFebruary 21, 2014
DocketSD32873 and SD32874 (Consolidated)
StatusPublished

This text of 442 S.W.3d 72 (In the Interest of: A.A.R., and A.N.R., Minors, GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent v. M.S.R., Mother) 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 the Interest of: A.A.R., and A.N.R., Minors, GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent v. M.S.R., Mother, 442 S.W.3d 72, 2014 WL 686775, 2014 Mo. App. LEXIS 164 (Mo. Ct. App. 2014).

Opinion

DON E. BURRELL, J.

M.S.R. (“Mother”) appeals the July 2013 judgments that terminated her parental rights in, to, and over her children, A.A.R. (born in 2007) and A.N.R. (born in 2008) (“the Children”). See section 211.447. 1 We address both appeals in this consolidated opinion because the relevant facts and legal issues are nearly identical. Mother’s single point contends “the evidence was insufficient to support a finding that a significant likelihood of future harm to the [Children] existed if parental rights were not terminated[.]”

Because the challenged finding was supported by substantial evidence, we affirm.

Facts and Procedural Background

The following summary of the relevant evidence is presented in accordance with our standard of review, which requires us to view the “evidence and permissible inferences drawn from the evidence in the light most favorable to the judgment.” In re the Adoption of C.M.B.R., 332 S.W.3d 793, 801 (Mo. banc 2011). The two-day termination hearing was held in April 2013. The trial court took judicial notice of its files on “the underlying neglect cases[,]” a circuit court file concerning a yet-unresolved criminal charge against Mother for “endangering the welfare of a child[,]” and two court files regarding “termination actions ... involving siblings of [the Children.” 2

Betsy Burroughs worked as an investigator for the Children’s Division of the Missouri Department of Social Services, *75 (“Children’s Division”) in October 2010. She contacted Mother and the Children that month after receiving “hotline” reports alleging “unsanitary living conditions and other physical abuse[.]” In connection with her investigation of the hotline reports, Burroughs looked at Mother’s previous history with Children’s Division.

Burroughs found that there had been 16 previous hotline reports relating to Mother that dated back to 2004. A timeline developed from the past reports “demonstrated a pattern of [Mother’s] frustration levels with her children.” 3 The earliest reports concerned children “that [Mother] no longer had[.]” Five of the reports were made after the birth of A.A.R. Two of the reports, from 2007 and 2008, were determined by Children’s Division to be substantiated by a preponderance of the evidence “against .[Mother] for abrasions and lacerations” on a child. Burroughs was unsure of the identity of the child at issue.

Hotline reports directly concerning the Children began in 2009 with a report that Mother was witnessed yelling, “Mother Fucker dumb ass, you little fucker, look what you. made me do with my drink[.]” It alleged that Mother then began throwing the older child to the ground before “throwing him into the stroller on top of the one year old.” Mother later “admitted to yelling but denied any physical abuse.”

While Mother was receiving in-home services in response to the 2009 incident, the caseworker reported that Mother had tied the bedroom door shut so her children could not get out. Mother “admitted to this and did not see a problem with it.” After Burroughs learned “that [Mother] had locked her [other] children in their room while living [in South Carolina,]” she confronted Mother about a reported statement that “there was a report for tying her children’s bedroom doors shut, but she truly did not know that was wrong.” Mother “proceeded to inform [Burroughs] that she did not realize locking a child in their room with a rope was bad because in South Carolina she used a chain and they told her a chain was bad.”

In April 2010, a report was received that Mother was observed “ ‘yankfing]’ the three year old” by the arm, lifting his feet off the ground, and carrying him away by the arm. The reporting person also stated that Mother was “always calling [the Children] ‘little assholes’ and ‘bastards[.]’ ” The investigative court summary noted that Mother “was resistant to making the changes that she agreed to[,]” but by the time the case was closed in May 2010, she had made some changes.

The first October 2010 report alleged that Mother had “grabbed the three year old by the neck and threw him to the ground.” Burroughs testified that Mother was “seen ... out near the street with her son” on that occasion, and Mother ultimately “attempted to somewhat throw him towards [sic] the street by his arm.” The seepnd October 2010 report alleged unsanitary living conditions and that Mother yelled at the. Children, threatening to “beat [their] ass[es].”

*76 Mother did not respond to Burroughs’s first two efforts to contact her about the October 2010 reports, although Burroughs left her card at Mother’s apartment. On Burroughs’s third attempt, she was accompanied by “law enforcement,” and she was successful in contacting Mother. At that time, Burroughs found that “overall ... the apartment was sufficient.” The Children were “not verbal enough” to be interviewed as one was “about two or three, and the other one [was] about a year younger!.]” Mother told Burroughs that she had “stop[ped] using any type of physical discipline due to the number of hotlines that she had received.” Mother denied yanking her son’s arm, but she admitted that “she still becomes frustrated with [the C]hildren and do[es] yell at them sometimes[.]” Mother “admitted that she needed counseling[ and] she still needs some help with her parenting skills, but that she did not respond well to the IIS [intensive in-home services] worker, because she was a female and ... she didn’t get along with female authority figures.”

Burroughs referred “a Family Centered Service” (“FCS”) worker to Mother, but that worker “reported that he was unable to make contact with [Mother] after several attempts.” Burroughs indicated that the FCS worker provided “documentation” of his repeated efforts to contact Mother. During a “juvenile court conference” held in November 2013, Mother said that the FCS worker “had not tried to contact her.” At the conference, Burroughs and the deputy juvenile officer “discussed each allegation with [Mother],” including the ones that had led to the termination of Mother’s parental rights over her other children. Mother “denied every allegation, stating that people in the community just did not perceive her in the correct manner, and that’s why she was having all of these hotlines.” At the end of the November 2010 conference, the Children were taken into protective custody. According to Burroughs, that action was taken because “[t]he repeat maltreatments show that this was the beginning step in a pattern of the abuse that [Mother] had demonstrated in the past.”

In January 2011, Robin Pummill began providing counseling services to Mother that continued to the date of trial, with the exception of a gap between November 2011 and April 2012. Pummill had “57 sessions with” Mother, “and lots of interventions ... ha[d] been provided for [Mother.]” Despite those sessions and interventions, Pummill had concerns about .Mother’s lack of progress. Pummill said she was “looking at a parent that rather than take the responsibility for the actions, there was [a] great amount of avoidance and denial.” She opined that “if that happens, then sometimes the pérson may not be as apt to make th[e] Changes” needed to improve parenting.

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Bluebook (online)
442 S.W.3d 72, 2014 WL 686775, 2014 Mo. App. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-aar-and-anr-minors-greene-county-juvenile-moctapp-2014.