In the Interest of C. L. M.

625 S.W.2d 613, 1981 Mo. LEXIS 337
CourtSupreme Court of Missouri
DecidedDecember 8, 1981
Docket63111
StatusPublished
Cited by46 cases

This text of 625 S.W.2d 613 (In the Interest of C. L. M.) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri 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 C. L. M., 625 S.W.2d 613, 1981 Mo. LEXIS 337 (Mo. 1981).

Opinion

HIGGINS, Judge.

Regina Dutkiewicz appeals, Rule 120.01, from a judgment which encompasses an adjudicatory determination under § 211.031, RSMo 1978, that she is incapable of provid *614 ing the necessary, proper care for her 18 month old daughter, C.L.M. 1 , and a resultant dispositional order under § 211.181, RSMo 1978, that transferred the custody of the child to the Division of Family Services for appropriate foster care placement, the child to remain under the jurisdiction of the Court. See §§ 211.041, and 211.251, RSMo 1978.

The Court of Appeals, Eastern District affirmed. The case was transferred by this Court to consider again appellant’s contentions that the judgment is “both against the weight of the evidence and not supported by substantial evidence” and “erroneous in application of Missouri case law.” Affirmed.

This case is for review under Rule 73.-01(c); and the judgment is to be sustained:

unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law. Appellate courts should exercise the power to set aside a decree or judgment on the ground that it is ‘against the weight of the evidence’ with caution and with a firm belief that the decree or judgment is wrong. . . .

Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). See § 211.171.6, RSMo 1978; R. L. W. v. Billings, 451 S.W.2d 125, 127 (Mo. banc 1970).

The Juvenile Court conducted a bifurcated hearing on a petition in the interest of C. L. M. filed pursuant to § 211.031, RSMo 1978, which, as amended, alleged that C.L.M. was within the jurisdiction of the court and without proper care and support in that: Regina Dutkiewicz, her mother, was currently suffering from residual schizophrenia, and had previously suffered from acute dissociative episodes, acute catatonic episodes, and epilepsy for which she had been hospitalized at Wohl Memorial Mental Health Institute for approximately one month in 1977; that she was incapable of providing the care required by C.L.M., an infant under two years old; and that as a result, it would be in the best interest of C.L.M. that her legal and physical custody be given on a temporary basis to the Division of Family Services.

In the adjudicatory stage of the hearing, the court took judicial notice of juvenile court records made in 1977, which terminated the mother’s parental rights to siblings of C.L.M. 2 These records contained findings of fact that the mother was hospitalized at the Wohl Institute from February 13, 1977, to March 5, 1977, and was there diagnosed as suffering from acute dissociative episodes, acute catatonic episodes and epilepsy.

Dr. McWay, a clinical psychologist, had twice recently examined the mother and subjected her to a battery of psychological tests. 3 Based upon the results of these tests and reports of other doctors who had previously examined and treated her in 1977, Dr. McWay gave his opinion that the mother, although of average intelligence, suffered from “residual schizophrenia”. He explained this to mean that she fades in and out of the confused and disoriented mental state which exemplifies schizophrenia, and at such times is self-centered, impulsive and inattentive to her child’s needs. Dr. McWay concluded that the mother’s condition is serious, rendering her incapable of proper child care.

Dr. McWay conceded that his diagnosis differed from some of the other reports upon which he relied. He explained the difference was in the origin to which he ascribed the mother’s mental defects and not in the symptoms displayed. He believed her malady to be “inorganic” or mental in nature whereas the differing reports had indicated the problem to be “organic” *615 or physical in derivation. Dr. McWay indicated that an “organic” finding resulted in a prognosis less favorable than that which he found because an “organic” condition was irreversible. He believed that the mother might at some future date be able to provide adequate child care. Dr. McWay maintained that the origin of the problem did not alter his opinion that the mother was currently incapable of caring for children.

Dr. Kitchen, a psychiatrist, performed a “mental status evaluation” during the mother’s recent hospitalization at Firmin Desloge Hospital, and a second evaluation in preparation for the hearing. She did not believe the mother suffered from psychosis or residual schizophrenia. She believed her educable and with help capable of caring for her child. Dr. Kitchen stated that she had “cognitive deficits”, meaning her basis of judgment, and ability to do things are not that of most people of her age and education. The source of this problem was in her opinion “organic brain syndrome” or “brain damage, unquestionably related to her epilepsy.” Dr. Kitchen felt this disorder was temporary in nature, but the condition posed some difficulty in her ability to perceive C.L.M.’s needs.

Dr. Kitchen did no testing herself. She relied on tests given by another doctor on the Firmin Desloge staff and the same 1977 reports used by Dr. McWay. Dr. Kitchen also recognized that medication may not totally control the mother’s epilepsy.

The court found that the allegations of the petition had been sustained and that Ms. Dutkiewicz is incapable of managing and providing for the needs of her child, C.L.M.

I.

Appellant contends the adjudicatory findings are not supported by substantial evidence and are against the weight of the evidence on the ground the opinions and diagnosis of a psychologist cannot support the court’s findings when it was “refuted” by a psychiatrist.

The opinion of a psychiatrist does not of itself outweigh or refute the contrary opinion of a psychologist. The extent of an expert’s experience or training in a particular field goes to the weight of his testimony and does not render his testimony incompetent. Swope v. Printz, 468 S.W.2d 34, 40 (Mo.1971); Pate v. St. Louis Independent Packing Co., 428 S.W.2d 744, 750 (Mo.App.1968). While the court may rule that a certain subject of inquiry requires that a member of a certain profession be called, it is not normally required that a specialist in a particular branch of the profession testify. See, E. Cleary, et al., McCormick on Evidence, § 13 at 30 (1972). In this case, there is no reason that the opinion of the psychologist could not be accepted over that of the psychiatrist. The dispositive issue is mental capacity and, in particular, capacity to care for an infant. The basis of much of the expert evidence was psychological testing; Dr. Kitchen did no testing herself.

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Bluebook (online)
625 S.W.2d 613, 1981 Mo. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-c-l-m-mo-1981.