In the Interest of A.A.T.N.

181 S.W.3d 161, 2005 Mo. App. LEXIS 1614
CourtMissouri Court of Appeals
DecidedNovember 1, 2005
DocketNo. ED 85697
StatusPublished
Cited by20 cases

This text of 181 S.W.3d 161 (In the Interest of A.A.T.N.) 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.T.N., 181 S.W.3d 161, 2005 Mo. App. LEXIS 1614 (Mo. Ct. App. 2005).

Opinion

PATRICIA L. COHEN, Judge.

Introduction

Ahn Nguyen (“Father”) appeals from a judgment of the Circuit Court of the City of St. Louis terminating his parental rights to his daughter, A.A.T.N.1 Father contends that the trial court erred in terminating his parental rights because: (1) the record is insufficient to support the trial court’s findings under Section 211.447.4(2),(3), and (6) RSMo.2000;2 and (2) the trial court failed to address all relevant statutory factors set forth in 211.447.4(2) and (3); and (3) the trial court failed to address the “best interest” factors set forth in Section 211.447.6. We affirm.

Statement of the Facts and Proceedings Below

Viewed in the light most favorable to the trial court’s decision, the facts are as follows. Four-year-old A.A.T.N. and her six-year-old sister, Annabelle, lived with Father and My Nguyen (“Mother”).3 On April 17, 2003, Dr. Griffiths-Williams examined A.A.T.N. and Annabelle at St. Louis Children’s Hospital. During the examination, Dr. Griffiths-Williams found multiple lesions on Annabelle’s legs, arms, back, the back of her neck and left knee as well as bruising on her left foot. She found similar lesions on A.A.T.N. In total, Dr. Griffiths-Williams found approximately thirty lesions on Annabelle and fourteen lesions on A.A.T.N. The lesions appeared [165]*165to be inflicted at different times, the most recent within thirty days of the hospital visit, and were not self-inflicted or accidental.

Suspecting abuse, the Missouri Department of Social Services, Children’s Division (“Children’s Division”) took A.A.T.N. and Annabelle into care on April 18, 2003. The trial court held a jurisdictional hearing, and thereafter issued an order (“Jurisdictional Order”), determining that Father abused A.A.T.N and her sister and continuing the Children’s Division’s custody of the children. More specifically, the trial court determined that Father held a fighter to Annabelle’s left knee, punctured her legs, arms and the back of the neck with a fork and hit her. The trial court also found that Mother knew or should have known of Father’s abuse, but that Mother failed to protect both A.A.T.N. and Annabelle from Father. The trial court concluded that Father and Mother were not appropriate custodians for A.A.T.N. and Annabelle because, while in Father’s and Mother’s custody, the children were at risk of harm or neglect. Additionally, the trial court ordered Father to obtain employment and appropriate housing, initiate semi-monthly visitation with A.A.T.N., engage in parenting skills training and family violence counseling and pay child support.

On November 13, 2003, the trial court held a hearing to review Father’s progress under the terms of the Jurisdictional Order. Following the hearing, the trial court determined that Father had partially complied with the Jurisdictional Order.

On April 14, 2004, the trial court held a permanency hearing. The children’s therapist, Lanie Holzman, and their caseworker, Angela Hager, testified and recommended termination of Father’s and Mother’s parental rights. Kenneth Woods, a licensed clinical social worker and Father’s therapist, also testified. Mr. Woods noted that although Father “must accept responsibility for what he did,” Father continued to deny causing the children’s injuries and offered no other explanation for them injuries. When discussing Father’s denial of accountability, Mr. Woods admitted that Father’s attitude was a “concern.” The trial court also again reviewed Father’s compliance with the Jurisdictional Order and concluded that Father failed to eliminate the conditions that caused the children’s removal from the home. At the conclusion of the hearing, the trial court issued an order recommending the termination of Father’s and Mother’s parental rights.

The Juvenile Officer filed a Petition to Terminate Parental Rights against Father and Mother, and the trial court held a dispositional hearing on October 18 and 20, 2004. The Juvenile Officer presented the testimony of Ms. Holzman and Ms. Hager, both of whom testified that termination was in the best interests of the children.

Ms. Holzman, the children’s therapist, based her recommendation on several factors. As an initial matter, Ms. Holzman, found A.A.T.N.’s account of the abuse credible. Moreover, Ms. Holzman believed Father would hurt A.A.T.N. if she returned home and Mother would be unable to protect A.A.T.N. from him. Furthermore, she explained that Father would not be able to participate in therapy with A.A.T.N. because he did not acknowledge his abuse. In addition, she testified that A.A.T.N. did not want to five with Father and that A.A.T.N. continued to fear him. She warned that the “threat of potential unsafety” would traumatize A.A.T.N. if she returned home. Finally, she predicted that the conditions which caused A.A.T.N.’s removal from the home would not change in the future.

Ms. Hager, the children’s caseworker, echoed the testimony of Ms. Holzman. [166]*166Ms. Hager concluded that, if the children returned home, Father would have access to the children and Mother would be unable to protect them. She noted that Mother desired to be with Father and spent nights with him at his residence. Ms. Hager repeated Annabelle’s account of Father’s abuse, including that Father held her down and burned her with a lighter on her knee and, on a separate occasion, burned her with a fork. Likewise, Ms. Hager disclosed A.A.T.N.’s report that Father hit and kicked her and stabbed her with a fork. Ms. Hager also described A.A.T.N. as “distant” during her visits with Father. Finally, Ms. Hager stated that A.A.T.N. did not want to live with Father because she feared he would hurt her.

The Juvenile Officer also presented the testimony of Jennifer Evans, a Family Court staff psychologist. Ms. Evans testified about her interactions with Mother and stated that A.A.T.N. risked developing “emotional problems” if she was returned to Father and Mother because there was a “potentially abusive” situation in the home.

In addition to live witness testimony, the Juvenile Officer proffered the Children’s Division case file, Ms. Holzman’s summary therapy reports and the Children’s Division’s Termination of Parental Rights referral forms for A.A.T.N. Ms. Holzman’s summary therapy reports recounted A.A.T.N.’s and Annabelle’s statements regarding Father’s' abuse. Likewise, the Termination of Parental Rights referral form detailed Father’s abuse of A.A.T.N. and Annabelle. In addition to the reports and forms, the trial court took judicial notice of the pleadings and the files in A.A.T.N. and Annabelle’s underlying cases. The files from the underlying cases contained, inter alia, the orders from the jurisdictional and permanency hearings.

In support of his position, at trial Father stated that he never abused his daughters and had complied with the trial court’s order. In addition, he called Mary Conner, an employee of the Division of Child Support Enforcement, to explain why he failed to support A.A.T.N. Conner testified that the Division of Child Support Enforcement could not issue a child support order until paternity was established, and although Father submitted to a paternity test, the State never presented A.A.T.N. for the test. Nevertheless, she also stated that Father could have obtained a child support order without a paternity test by presenting an order of the trial court finding him to be A.A.T.N.’s father.

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181 S.W.3d 161, 2005 Mo. App. LEXIS 1614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-aatn-moctapp-2005.