In the Interest of E.T.C.

141 S.W.3d 39, 2004 Mo. App. LEXIS 864, 2004 WL 1326070
CourtMissouri Court of Appeals
DecidedJune 15, 2004
DocketNo. ED 83716
StatusPublished
Cited by15 cases

This text of 141 S.W.3d 39 (In the Interest of E.T.C.) 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 E.T.C., 141 S.W.3d 39, 2004 Mo. App. LEXIS 864, 2004 WL 1326070 (Mo. Ct. App. 2004).

Opinion

PATRICIA L. COHEN, Judge.

Introduction

Ellen Mary Behan-Carter (“Mother”) and Lance E. Carter (“Father”) appeal the Findings/Recommendations, Order, Judgment and Decree of the Family Court of St. Louis County terminating their parental rights as to their minor child, E.T.C. (“Child”).1 We affirm.

Statement of the Facts and Proceedings Below

Pursuant to section 211.031 RSMo 2000,2 a juvenile officer filed a Petition alleging that Mother neglected or refused to provide for Child’s education. The Petition noted that Father did not have primary physical custody of Child during the referenced school term. On July 20, 2001, the juvenile officer filed an Amendment to the Petition adding that mother had not been taking her prescribed anti-depressant or anti-psychotic medicine and exhibited delusional thinking. The Amendment further alleged that Father had knowledge of Mother’s behavior and mental condition yet failed to make arrangements for Child’s protection. As a result, Child was removed from Mother’s custody.

On October 25, 2001, the court adjudicated these allegations. In its Recommendation/Order, Judgment and Decree, the court placed legal custody of Child with the Division of Family Services (“DFS”) and physical custody of Child with Child’s paternal aunt and uncle. In its Order, the court directed DFS and the juvenile officer “to execute and place in the legal file for the court’s approval a service plan within 45 days for each parent.” The court further ordered Father to submit to a psychological evaluation and ordered Mother to submit to a psychiatric evaluation, sign information releases, take all prescribed medication and follow all treatment recommendations. The court also ordered each parent to participate in individual counseling.

Father signed his service plan on August 20, 2001. According to the plan, Father was required to: (1) visit Child at least two times each month; (2) provide financial contributions towards the support of Child; (3) obtain a drug/alcohol evaluation and psychologieal/psychiatric evaluations; (4) submit to drug/alcohol screening within one day of DFS request; (5) maintain housing meeting DFS minimum standards for Father and Child; (6) arrange for DFS approved daycare; (7) attend and participate in family counseling, parenting classes and any additional classes recommended as a result of the required drug/alcohol and/or psychological/psychiatric eval[43]*43uations; (8) inform DFS of any address, telephone, or job changes; (9) cooperate and use the services offered by DFS or the court; (10) comply with all court orders currently in effect and provide proof of attendance and participation in the required classes; and (11) sign all information releases requested by DFS.

Mother signed her service plan on May 29, 2002. According to the plan, Mother was required to: (1) visit Child once recommended by Child’s therapist and Mother’s therapist, as supervised by DFS; (2) provide financial contributions towards the support of Child; (3) obtain psychological/psychiatric evaluations; (4) submit to drug/alcohol screening within two days of DFS request; (5) maintain housing meeting DFS minimum standards for Father and Child; (6) arrange for DFS approved daycare; (7) attend and participate in psychological/psychiatric counseling, parenting classes, job training and any additional classes recommended as a result of the required psychological/psychiatric evaluations; (8) inform DFS of any address, telephone, or job changes; (9) cooperate and use the services offered by DFS or the court; (10) comply with all court orders currently in effect and provide proof of attendance and participation in the required classes; and (11) sign all information releases requested by DFS.

The juvenile officer filed a Petition to Terminate Parental Rights on November 20, 2002. The juvenile officer sought to terminate parental rights because (a) Child had been adjudicated abused and neglected on October 25, 2001; (b) Child had been under the court’s jurisdiction continually for at least one year; (c) Child had been in foster care for at least fifteen of the most recent twenty-two months; (d) Mother abandoned Child for a period of six months or longer before the filing of this petition;

(e) Father abandoned Child for a period of six months or longer before the filing of this petition; and (f) John Doe, the unknown father of Child, abandoned Child for a period of six months or longer before the filing of this petition.3

The court initially set the petition for hearing on December 17, 2002. On December 17, 2002, however, the court set the cause for a contested Termination of Parental Rights hearing on February 19, 2003. On February 19, 2003, the court reset the cause for a contested Termination of Parental Rights hearing. On April 7, 2003, the court issued its order granting Mother’s motion for continuance until June 24, 2003, noting that “[njeither parent shall be granted any further continuances.”

Accordingly, on June 24, 2003, the court held a hearing on the Petition to Terminate Parental Rights. Father appeared in person and by counsel. Mother appeared by counsel. Mother did not personally appear because she was in Ireland. Mother’s counsel orally moved for a continuance until such time as she could return to St. Louis. The court denied the motion.

At trial, the juvenile officer first called Dr. Davena Rastogi-Cruiz. Dr. Rastogi-Cruiz explained that, as of the June 24, 2003 hearing, Mother twice had been admitted to the Metropolitan St. Louis Psychiatric Center. Dr. Rastogi-Cruiz treated Mother during both stays. Dr. Rastogi-Cruiz diagnosed Mother with bipolar affective disorder, manic with psychotic features and treated Mother with mood stabilizers and anti-psychotic medication. Upon discharging Mother from the Metropolitan St. Louis Psychiatric Center, Dr. Rastogi-Cruiz ordered Mother to continue taking both medications [44]*44and follow up with an outpatient psychiatrist.4

Dr. Rastogi-Cruiz stated that although Mother’s illness was treatable, it was not curable. She explained the importance of Mother staying on the prescribed medications. According to Dr. Rastogi-Cruiz, without these medications, Mother exhibited delusions, irritability and racing thoughts, some hyper-religiosity, hyper-sexuality, and hyper-talkativeness. In her opinion, if Mother did not take her medication, Mother could not provide a stable environment and Child was at risk of being neglected. On cross-examination, Dr. Ras-togi-Cruiz acknowledged that one of the symptoms of Mother’s illness was noncompliance with treatment.

The juvenile officer next called Penny Moore the DFS caseworker assigned to Child’s case. Ms. Moore explained that Child had been in foster care continuously since the court took jurisdiction. Specifically, from July 2001 through August 2002, Child lived with Patricia and Thomas Openlander, Child’s paternal aunt and uncle, and from August 2002 through the hearing date, Child lived with Sherry Carter, another paternal aunt.5

Ms. Moore testified that records indicated that Father worked as a truck driver. Beginning in November 2001, Father began working as an over-the-road driver. Father lived out of his truck and did not provide adequate housing for Child. Ms.

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Bluebook (online)
141 S.W.3d 39, 2004 Mo. App. LEXIS 864, 2004 WL 1326070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-etc-moctapp-2004.