In the Interest of H.F.G. v. E.G.

196 S.W.3d 45, 2005 Mo. App. LEXIS 1919, 2005 WL 3526675
CourtMissouri Court of Appeals
DecidedDecember 27, 2005
DocketNos. WD 65382 and WD 65383
StatusPublished
Cited by4 cases

This text of 196 S.W.3d 45 (In the Interest of H.F.G. v. E.G.) 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 H.F.G. v. E.G., 196 S.W.3d 45, 2005 Mo. App. LEXIS 1919, 2005 WL 3526675 (Mo. Ct. App. 2005).

Opinion

HAROLD L. LOWENSTEIN, Judge.

E.G. (Mother) and P.G. (Father) each appeal the trial court’s termination of their respective parental rights of H.F.G. (Child), born October 18, 2001, claiming that the trial court erred because it failed to make certain statutorily mandated findings and because the judgment is not supported by clear, cogent, and convincing evidence. The Juvenile Office did not respond to Mother’s or Father’s brief. Because the circuit court did not make the required findings under section 211.447.4(3),1 this court reverses the circuit court’s judgment and remands with directions to enter judgment in accordance with section 211.447 and In the Interest of K.A.W., 133 S.W.3d 1 (Mo. banc 2004).

Legal Analysis:

A. STATUTORY FINDINGS

The trial court terminated Mother’s and Father’s parental rights under section 211.447.4(3),2 which allows the filing and granting of a termination petition when it is in the best interests of the child, the child has been under the jurisdiction of the juvenile court for one year, when the conditions leading to assumption of jurisdiction or other potentially harmful conditions persist, when little likelihood exists that those conditions can be remedied at an early date or when continuing the parental relationship greatly diminishes any prospect for the child’s early integration into a stable and permanent home. In the Interest of M.G., 31 S.W.3d 487, 488 (Mo.App.2000). Section 211.447.4(3) also expressly [47]*47commands the trial court to make findings on four subdivisions located in (a) through (d).

In the case at hand, the trial court’s judgment stated in relevant part:

The Court finds that [H.F.G.] ... has been under the jurisdiction of the Juvenile Court for one year and the Court further finds that conditions which led to the assumption of the Juvenile jurisdiction still persist[ ], and that there is little likelihood that these conditions will be remedied in an earlier date so that the child can be returned to the parents in the near future, and that the continuation of the parent/child relationship greatly diminishes the child’s prospects for early integration into a stable and permanent home.
The Court further finds that the Social Service Plan entered into by the parents and the Children’s Division is reasonable and that the parents failed to make any significant progress in complying with the terms of that agreement.
The Court further finds that the Juvenile Officer and the Children’s Division made all reasonable efforts to assist the parents on a continuing basis to adjust their circumstances to provide a proper home for the child until relieved of such duty by the Circuit Court of Morgan County, Juvenile Division.
The Court further finds that the parents continued to use marijuana in violation of the Social Service Plan, and have admitted to the same to Detective Ronnie Witt.
The Court further finds that there exists clear, cogent and convincing evidence that the termination of parental rights of the natural parents is in the best interest of the child pursuant to Section 211.447(3) R.S.Mo.
The Court further finds that there are no emotional ties between the birth parents and the child.
The Court further finds that the parents failed to maintain regular visitation or other contact with the child.
The Court further finds that the parents did not provide any support for the cost of care of maintenance for the child and they were financially able to do so while the child was in the custody of the Children’s Division, and what support was provided by the parents was minimal.
The Court further finds that additional services would not be likely to bring about a lasting parental adjustment to enable the return of the child to the parents within an ascertainable period of time.
THEREFORE, it is Ordered, Adjudged and Decreed that parental rights of [P.G.] and [E.G.] are hereby terminated and that the child [H.F.G.] be placed for adoption or other placement as deemed suitable by the Children’s Division ....

Both parties challenge these findings as insufficient. Specifically, Mother complains of the trial court’s lack of findings regarding subsections 211.447(3)(c) and (d), and regarding a link between past and future behavior. Father complains of the trial court’s lack of findings regarding as to what conditions led to the assumption of the jurisdiction.

“Severance of the parent-child relationship by act of law is an exercise of awesome power ...” In the Interest of C.N.G., 89 S.W.8d 564, 567 (Mo.App.2002). Therefore, strict and literal compliance with the statutory requirements for a termination of parental rights under section 211.447.4 is necessary. M.G., 31 S.W.3d at 488. When terminating parental rights under this section, the “trial court must [48]*48make findings as to the four specified conditions or acts of the parent[s]....” Id. at 489. The court must make findings on each of the four factors. Id. If a factor is not relevant, the court must still address it, stating why that factor is not relevant. Id. “Statutory mandates to make findings may not be overlooked on appeal.” In the Interest of T.A.S„ 32 S.W.3d 804, 810 (Mo.App.2000) (citation omitted).

Section 211.447.4(3) required a finding that the conditions leading to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child’s prospects for early integration into a stable and permanent home.

While the circuit court’s judgment did conclude that those conditions leading to the assumption of jurisdiction still persist with little likelihood that they will be remedied and that the continuation of the parent/child relationship greatly diminishes the child’s prospects for early integration into a stable home, the circuit court failed to indicate what those conditions were that gave rise to jurisdiction and which of those remained at the time of trial. Such general findings that merely track the language of the statute are inadequate, and, thus, require this court to remand to the trial court for the necessary findings. See C.N.G., 89 S.W.3d at 566-68 (reversing and remanding for insufficient findings that set forth, among others, which conditions led to the assumption of jurisdiction and which of these conditions still remained at the time of trial).

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Bluebook (online)
196 S.W.3d 45, 2005 Mo. App. LEXIS 1919, 2005 WL 3526675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-hfg-v-eg-moctapp-2005.