In the Interest of A.M.F. v. P.F.

140 S.W.3d 201, 2004 Mo. App. LEXIS 876
CourtMissouri Court of Appeals
DecidedJune 21, 2004
DocketNo. 25883
StatusPublished
Cited by18 cases

This text of 140 S.W.3d 201 (In the Interest of A.M.F. v. P.F.) 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.M.F. v. P.F., 140 S.W.3d 201, 2004 Mo. App. LEXIS 876 (Mo. Ct. App. 2004).

Opinions

PHILLIP R. GARRISON, Judge.

This appeal presents for our review the trial court’s judgment terminating the parental rights of P.F. (“Mother”) and G.F. (“Father”) as to their minor children, A.M.F. (“Daughter”) and D.R.F. (“Son”) (collectively, “the children”) at the request of the Greene County Juvenile Office (“Respondent”).1 In one point on appeal, Mother alleges that the trial court committed reversible error in finding that there was clear, cogent and convincing evidence that she suffers from a permanent mental condition that renders her unable to provide her children the necessary care, custody and control. We affirm the judgment of the trial court.

In reviewing a trial court’s judgment terminating parental rights, we consider the facts and reasonable inferences therefrom in the light most favorable to the judgment. In the Interest of B.L.B., 834 S.W.2d 795, 799 (Mo.App. E.D.1992). Viewed through this lens, the evidence pertinent to Mother’s claim revealed the following. Mother has a long history of mental health issues, beginning with a suicide attempt in 1973. She was hospitalized in a psychiatric institution from 1980 to 1981. Daughter was born in 1986 and Son was born in 1992, four years before Mother and Father were divorced in March 1996. Pursuant to the judgment of dissolution, Mother was awarded custody of the children. During the summer of the following year, however, the children moved in with Father, as Mother was unable, by her own admission, to discipline or take care of them.

Two years later, Mother entered a program administered by Burrell Mental Health Center (“Burrell”) that involved, among other things, her relocation to an assisted living, semi-independent apartment setting. On October 25, 1999, as a part of Mother’s program with Burrell, Mother submitted to a psychiatric evaluation by Dr. Antonio Dimalanta (“Dimalan-ta”), who diagnosed her with “past history” of major depression and also said there was a question about possible delusions. Dimalanta testified that he recommended Mother take medication to reduce her delusional symptoms but, for reasons unknown to him, Mother refused to do so.

In June 2000, the Missouri Department of Family Services (“DFS”) investigated a report from the Springfield, Missouri Police Department that the children were being subjected to physical and sexual abuse and neglect at the hands of Father. As a result of this and several prior reports of abuse and neglect, the children were taken into temporary protective custody by DFS and subsequently allowed to live with relatives. When, however, attempts to keep the family intact were unsuccessful, DFS took custody of the children in September 2000 and has maintained custody of them to the present time, with the children placed in various foster care settings.

[204]*204As a result of Father’s subsequent incarceration and continued unwillingness to adhere to any program for reuniting him with the children, in October 2001 DFS began attempting to determine if reuniting the children with Mother could be a viable option. Mother continued, however, during all of 2001, to refuse medication despite the advice of her Burrell case worker. She attended seven of nine parenting classes offered from October 2001 to January 2002 and, while she participated actively in some of those classes, she also slept through portions of them.

From December 2001 to January 2002, Mother paid three visits to a psychologist, Dr. Mark Bradford (“Bradford”), at the request of DFS. From his clinical observations, Bradford determined Mother was “highly distractible,” “had difficulty talking about some of [her] issues,” and displayed “quick flight of ideas,” traits not uncommon in persons with bipolar disorder. These observations, coupled with the results of various psychological tests, led Bradford to diagnose Mother with, at minimum, schizo-affective disorder, bipolar type. Bradford described Mother’s condition as one characterized by “wild mood swings,” misinterpretation of events and people, and “projection]” of emotions upon other people. He opined that the disorder would be “difficult ... to control” and that it would be “difficult to — to correct and discipline children if you’re misinterpreting the reality of what they’re — if you’re projecting your emotions or feelings upon them at any given moment.” He also noted that the condition would likely not improve without medication, that left untreated the disorder would result in “[occasional impulsive behaviors [sic],” regression, difficulty maintaining employment, “[p]ersonality problems,” “[fjriction” in relationships, and “confus[ion]” in child-rearing. Asked at trial what would be his prognosis concerning Mother’s ability to parent children if her disorder were left untreated, he stated that it “wasn’t good.”

On January 18, 2002, Mother was seen by Dr. Alok Jain (“Jain”), a staff psychiatrist with Burrell, for a psychiatric evaluation. Based on his observations, Jain diagnosed Mother with bipolar disorder, with possible personality change due to prior head trauma. He also expressed concern that Mother’s condition was at times manifesting itself through psychotic symptoms, including auditory and visual hallucinations. Although Jain’s prognosis for Mother was poor without medical treatment, and despite his belief that her ability to parent children would be impaired without treatment, Mother adamantly continued to refuse any recommended medication.

On February 6, 2002, Respondent filed the underlying petition to terminate the parental rights of Mother and Father. As to Mother, the petition alleged statutory grounds for terminating her parental rights, to wit: the children had been abused and/or neglected in that Mother suffers from a mental condition, “which is either permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders [Mother] unable to knowingly provide the children the necessary care, custody and control,” and that the children had been in the jurisdiction of the juvenile court for more than one year with no improvement having occurred or expected. The petition further alleged that it was in the best interests of the children that Mother’s parental rights be terminated.

Trial of Respondent’s petition was had on October 15, 2002 and April 14, 2003, after which, on June 10, 2003, the trial court issued its judgment terminating the parental rights of both Father and Mother. This appeal followed.

[205]*205In her sole point, Mother contends that it was error for the trial court to find that there was sufficient clear, cogent, and convincing evidence presented proving that Mother suffered from a mental abnormality that was either permanent in nature or such that there was no reasonable likelihood it could be reversed, and which rendered Mother unable to provide the children the necessary care, custody, and control.

We note at the outset that this is all that Mother’s point alleges. No issue is taken with the trial court determination that a second statutory ground existed for terminating her parental rights, as pled by Respondent, namely, that the children had been in the custody of the juvenile court for more than one year, that the conditions that led to the assumption of said jurisdiction persisted, and that no reasonable likelihood existed that those conditions could be remedied at an early date so that the children could be returned to Mother. See Section 211.447.4(3).2

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Bluebook (online)
140 S.W.3d 201, 2004 Mo. App. LEXIS 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-amf-v-pf-moctapp-2004.