In the Interest of J.M.

328 S.W.3d 466, 2010 Mo. App. LEXIS 1734
CourtMissouri Court of Appeals
DecidedDecember 21, 2010
DocketNo. ED 94515
StatusPublished
Cited by16 cases

This text of 328 S.W.3d 466 (In the Interest of J.M.) 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 J.M., 328 S.W.3d 466, 2010 Mo. App. LEXIS 1734 (Mo. Ct. App. 2010).

Opinion

LAWRENCE E. MOONEY, Judge.

On October 20, 2009, D.M., an 18-year-old mother who was under the jurisdiction of the family court, appeared pro se for a hearing for a periodic review of her case. The trial court ordered that Mother’s 22-month-old child be taken into protective custody due to “numerous neglectful acts.” On January 15, 2010, the trial court conducted a hearing on whether Mother had been neglectful. After this hearing, which we shall later recount in detail, the trial court concluded that Mother was guilty of a pattern of neglectful behavior.

Initially, we address the juvenile officer’s timely motion -to supplement the legal file. The proposed supplementary material includes the court minutes and documents from Mother’s own juvenile case, and three exhibits admitted at the child’s adjudication and disposition hearings.1 Counsel for the juvenile officer admits that he neither asked the family court to take judicial notice of the files purportedly containing these documents nor did he proffer the majority of these documents for admission into evidence. The only documents in the juvenile officer’s proposed supplemental legal file that were admitted into evidence in the child’s case are letters and reports admitted as the guardian ad [469]*469litem’s exhibit 1 and the juvenile officer’s exhibits 1 and 2.

Rule 81.12(f) permits filing a supplement to the record on appeal when “anything material is omitted from the record on appeal.” Documents not considered by the trial court and not made part of the record below, however, cannot be introduced into the record on appeal, Winston v. Dir. of Revenue, 137 S.W.3d 502, 505 (Mo.App. E.D.2004), and we cannot consider them, Southwestern Bell Media, Inc. v. Ross, 794 S.W.2d 706, 708 (Mo.App. E.D.1990). Furthermore, the trial court’s mere knowledge that a document or other evidence exists is insufficient to allow introduction of such evidence for the first time on appeal. Marc’s Restaurant, Inc. v. CBS, Inc., 730 S.W.2d 582, 584 (Mo.App. E.D.1987).

The legislature has declared that one or more divisions in certain circuits, including St. Louis County, shall be designated as “family courts.” Section 487.010.1 RSMo. (2000).2 The family court shall have exclusive original jurisdiction to hear and determine juvenile proceedings. Section 487.080. Missouri’s unified family-court system seeks to create a single court with comprehensive authority over all cases involving children and their families. In re S.M.H., 160 S.W.3d 355, 361 (Mo. banc 2005)(4-3 decision). To the extent possible, one specially-trained judge is to address the legal and accompanying emotional and social issues challenging each family in order to achieve a more efficient and compassionate system of one judge for one family. Id.

As a general rule, a court will take judicial notice of its own records. State v. Pennick, 364 S.W.2d 556, 559 (Mo.1963). Under certain circumstances, a court may take judicial notice of its own record in other cases; however, when the record in another case forms an essential element of a party’s claim or defense, then the record itself must be introduced in evidence, absent an admission of its contents by the opposing party. Id. (quoting Richards Brick Co. v. Wright, 231 Mo.App. 946, 82 S.W.2d 274, 279 (Mo.App.St.L.Dist.1935)); Meiners Co. v. Clayton Greens Nursing Ctr., Inc., 645 S.W.2d 722, 724 (Mo.App. E.D.1982). And under circumstances where a trial court, on its own motion, may take judicial notice of its records in another case, in the event that it does so, the court should disclose on the record the precise matters so considered. Pennick, 364 S.W.2d at 559.

The family court’s unified approach of one judge for one family may indeed call for greater use of judicial notice. But the record before us does not indicate that the judge took judicial notice of either Mother’s case file or the child’s. Nor was any evidence from Mother’s case proffered or admitted into evidence in the child’s hearing. Further, Mother’s attorney expressly articulated the need for a clear record in each of the two cases during the adjudication hearing on the child’s case. Therefore, we largely deny the juvenile officer’s motion to supplement the legal file with materials outside the record in the child’s case. We grant the motion only with regard to those documents that were admitted into evidence at the child’s January 15, 2010 hearing, specifically, the guardian ad litem’s exhibit 1 and the juvenile officer’s exhibits 1 and 2.

We now turn to the ultimate question in this appeal: whether sufficient evidence supported the family court’s finding that Mother neglected her child, thus warranting the court’s taking jurisdiction over the child and removing him from [470]*470Mother’s custody. Removal of a child from a parent’s custody implicates the fundamental right of parents to rear their children free from government interference. In re C.A.D., 995 S.W.2d 21, 27 (Mo.App. W.D.1999). A parent’s right to rear her child is a fundamental liberty interest protected by the Constitution’s guarantee of due process. In re K.A.W., 133 S.W.3d 1, 12 (Mo. banc 2004). A parent’s liberty interest in the care, custody, and control of her child is perhaps the oldest of the fundamental liberty interests recognized by the U.S. Supreme Court. Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000)(plurality opinion). This interest does not evaporate simply because a parent has not been a model parent, or even because she has lost temporary custody of her child to the State. 160 S.W.3d at 372 (quoting Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982)).

We review the court’s judgment wherein it found “a pattern of neglectful behavior,” took jurisdiction over the child, and awarded custody of the child to the Children’s Division. Our standard of review for decisions in juvenile proceedings is the same as for any court-tried civil case. C.A.D., 995 S.W.2d at 29. We shall affirm the trial court’s judgment unless there is no substantial evidence to support it, the decision is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). In reviewing the sufficiency of the evidence, we consider the facts and all reasonable inferences in the light most favorable to the family court’s order. C.A.D., 995 S.W.2d at 29.

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Bluebook (online)
328 S.W.3d 466, 2010 Mo. App. LEXIS 1734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jm-moctapp-2010.