In the Interest of: E.R.M.S., T.M.D.S., and Z.W.D.S.

• Court: Missouri Court of Appeals
• Decided: May 9, 2023
• Docket: ED111003
• Status: Published

Opinion

In the Missouri Court of Appeals Eastern District DIVISION FIVE

IN THE INTEREST OF: E.R.M.S., T.M.D.S., ) No. ED111003 and Z.W.D.S. ) ) Appeal from the Circuit Court ) of St. Louis County ) ) Honorable Ellen W. Dunne ) ) ) FILED: May 9, 2023

Introduction

R.K. (“Mother”) appeals from the trial court’s judgments terminating her parental rights

over her children, E.R.M.S., T.M.D.S., and Z.W.D.S. (collectively “the Children”). Mother

raises four point on appeal. In her first three points, Mother argues the trial court erred in finding

clear, cogent, and convincing evidence supporting the termination of her parental rights on the

grounds of Section 211.447.5(2)1 abuse and neglect, Section 211.447.5(3) failure to rectify, and

Section 211.447.5(5) parental unfitness. Mother then argues in Point Four that the evidence did

not support the trial court’s finding that termination of parental rights was in the best interests of

the Children under Section 211.447.7. Because we find that the record contains clear, cogent,

and convincing evidence that Mother has an untreatable chemical dependency on

methamphetamine preventing her from providing the necessary care, custody, and control of the

1 All Section references are to RSMo (Cum. Supp. 2018). No subsequent statutory changes to Section 211.447 are relevant to this appeal.