In the Interest of K.D.C.R.C.B-T.

928 S.W.2d 905, 1996 Mo. App. LEXIS 1553, 1996 WL 523517
CourtMissouri Court of Appeals
DecidedSeptember 17, 1996
DocketNo. 69483
StatusPublished
Cited by8 cases

This text of 928 S.W.2d 905 (In the Interest of K.D.C.R.C.B-T.) 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 K.D.C.R.C.B-T., 928 S.W.2d 905, 1996 Mo. App. LEXIS 1553, 1996 WL 523517 (Mo. Ct. App. 1996).

Opinion

GARY M. GAERTNER, Judge.

In this consolidated appeal, appellants, L.B. (“mother”) and W.T. (“father”), appeal the judgment of the Circuit Court of Cape Girardeau County terminating their parental rights to K.D.C.R.C.B-T. (“child”) pursuant to RSMo § 211.447.2(2) (1994).1 We affirm in part and remand in part.

Mother and father are the natural parents of child, a girl. Child was bom on August 17, 1994, and was taken into custody by the Division of Family Services (“DFS”) two days later because mother was delusional. Mother had stated to nurses that “Asian Indians” in a yellow van had been stalking her and were going to steal her baby. Mother also believed she had delivered twins.

Within a few days of mother’s return home after child’s birth, DFS social workers visited her in order to discuss the procedures mother would have to follow to regain custody of child.2 Pamela Cannon, one of the social workers, testified at the termination proceeding. She testified mother was very “erratic” when they made the initial visit and was very difficult to talk to. At this meeting mother again made reference to a “missing twin” and the “Asian Indians.” As a result of this meeting, DFS contacted the Department of Mental Health who sent a staff member to see mother. Though mother was not initially hospitalized, she was involuntarily committed to Doctors Regional Hospital in Poplar Bluff within two weeks of the initial visit, after Department of Mental Health staff found her to be “very aggressive” and “very threatening.” From there she was released to Mary’s Ranch, a supervised residence for people with mental disabilities. Mother still resided there on the date of the termination proceeding, October 3,1995.3

Dr. Daniel Levin, a psychologist at Professional Mental Health, performed a general psychological evaluation on mother on December 28, 1994, and also testified at the hearing. He diagnosed her as suffering chronic schizophrenia, which is characterized by loss of contact with reality, disorientation, and emotional instability. He found mother had a distorted sense of self and was self-absorbed, leaving “many questions” about her ability to form healthy relationships, to have empathy for others, and to form boundaries between herself and other individuals. Dr. Levin believed mother’s inability to empathize was an “extensively harmful implication” for a child dependent upon her. He also stated the first step to recovery was recognizing one was ill and that, despite a twenty-three year history of mental illness,4 mother did not believe anything was wrong with her. Lastly, though he stated he would not make his diagnosis of chronic schizophre[907]*907nia definitive without reviewing mother’s past medical history, he testified it would take mother “many, many years under the best of circumstances” to make progress, and that “real limits” existed as to her ability to become well enough to care for her child. He expressed his belief that mother could not care for child in mother’s condition.

Mother testified on her own behalf. She denied suffering any illness and characterized Dr. Levin’s testimony as “nothing but a lie.” When questioned about her ability to have a child live with her at Mary’s Ranch, mother recognized children were not allowed where she currently lived, and she would have to attain independent living status in order for child to reside with her. When further questioned about what she needed to do to meet the independent living criteria or what she would have to do to maintain that status, she replied she “just hope[d] to be out soon.”

Also entered into evidence were mother’s past medical records cataloguing her admittances and treatments at various hospitals and mental health facilities beginning in 1979. The records revealed mother was consistently diagnosed as suffering paranoia schizophrenia, thus substantiating Dr. Lev-in’s preliminary assessment and diagnosis. The various acts and circumstances leading up to and resulting in mother’s numerous hospitalizations included drawing a knife on her brother, attempting to choke her mother, alleging someone put voodoo curses on her, voicing fears about ghosts, having hallucinations, and displaying bizarre and threatening behavior in the community.5 Mother’s records also revealed her repeated failure to take her medication when not supervised or hospitalized.

Also admitted into evidence were the records from the probate division of the Circuit Court of Gasconade County showing mother had been declared incapacitated by reason of her mental illness, and a guardian and conservator had been appointed for her in 1990. Mother was still under a guardianship/con-servatorship on the date of the hearing.

With respect to evidence supporting the termination of father’s parental rights, the evidence revealed father suffered from a serious psychiatric disorder, previously diagnosed as bipolar affective disorder (manic-depressive illness). Dr. James Powers, a clinical psychologist with Professional Mental Health, assessed father’s parenting ability on August 30,1995. Dr. Powers found father to be an isolated individual having difficulty with social boundaries — particularly with sexual boundaries — and in accurately perceiving reality. Father had a history of alcohol and substance abuse, behavior in which he still “periodically” engaged, according to Dr. Powers. The testing also indicated potential trouble with father’s ability to accept child’s expression of age-appropriate behaviors. While father expressed some interest in child, Dr. Powers found father maintained the relationship in part to meet some of his own needs, rather than maintaining the relationship out of his concern for child’s welfare. As a result of his examination, Dr. Powers believed father could not meet child’s basic needs, and would not be able to so long as his condition remained the same. His prognosis for father’s ability to improve was poor.

Ms. Cannon also testified with respect to father. She stated he told her he did not want custody of child, though he exercised visitation with her one hour a month on a fairly consistent basis. Ms. Cannon believed father’s visitation was acceptable as long as it was supervised. Ultimately, however, Ms. Cannon recommended terminating both mother’s and father’s parental rights.

Steve Essner, the supervisor of the Community Psychiatric Rehabilitation Program at the Community Counseling Center, also testified at the hearing. He worked with father and others with serious and persistent mental illnesses to attain housing, vocational, educational, and social goals. At the time father joined the program in 1990, he was evaluated and diagnosed with bipolar affective disorder. He was abusing alcohol, marijuana and cocaine, which exacerbated his mental illness. Mr. Essner testified father [908]*908received help weekly in a variety of aspects, from maintaining a home, to getting a job, to handling finances, to taking medication. He stated father’s diagnosis had not changed since his initial evaluation and father was dealing with the same issues at the time of the hearing as he was when he first came to the Center. At one point, a guardianship was discussed.

Mr. Essner also spoke of the unsanitary condition of father’s and mother’s home, noting they housed at least three pets that urinated and defecated on the floor indoors. While Mr.

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928 S.W.2d 905, 1996 Mo. App. LEXIS 1553, 1996 WL 523517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kdcrcb-t-moctapp-1996.