In the Interest of K.L.

972 S.W.2d 456, 1998 Mo. App. LEXIS 798, 1998 WL 202353
CourtMissouri Court of Appeals
DecidedApril 28, 1998
DocketWD 54175, WD 54380
StatusPublished
Cited by9 cases

This text of 972 S.W.2d 456 (In the Interest of K.L.) 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.L., 972 S.W.2d 456, 1998 Mo. App. LEXIS 798, 1998 WL 202353 (Mo. Ct. App. 1998).

Opinion

SPINDEN, Judge.

The parents of K.L., C.L. and R.L., file separate appeals of the circuit court’s judgment to terminate their parental rights. We affirm the circuit court’s judgment.

The couple married on April 1, 1988. They gave birth to K.L. on March 25, 1989; to C.L. on February 9, 1990; and to R.L. on November 8,1991. On January 28,1992, the *458 Division of Family Services (DFS) removed the children from the care of their mother on the ground of neglect. The father was incarcerated, and he remained in prison until October 1,1992.

On March 13,1992, the circuit court determined that the children had been neglected, but it ordered that they be returned to their mother’s custody under DFS’ supervision. In June 1992, the mother signed a service agreement to rectify her failings in earing for the children, but, on September 2, 1992, the circuit court ordered removal of the children from her custody because of her alleged lack of participation in DFS services and because of the unsanitary conditions of her residence. The circuit court ordered that the children be placed in the custody of their paternal grandparents under DFS’ supervision. After the mother signed another service agreement in November 1992, the circuit court ordered, on April 15, 1993, that the children be returned to their mother’s custody. Their father had been released from prison, but the record does not indicate that he returned to his wife’s residence.

On May 18, 1993, the circuit court again removed the children from their mother’s custody and placed them with the paternal grandparents because of her alleged failure to enroll one child in school, refusal to obtain proper medical attention for the children, and failure to cooperate with DFS or the court. The mother signed more service agreements in July 1993 and in March 1995. On March 31, 1995, the' circuit court ordered that DFS assume custody of the children but that placement remain with the grandparents.

The mother and father divorced sometime in 1993, but they cohabitated four to five separate periods between March 1995 and July 1996. The grandparents requested removal of the children from their care because of their failing health. On January 11, 1996, the circuit court placed the children in foster care under DFS’ supervision. In February 1996, the mother and father signed a service agreement, but DFS terminated the agreement in March 1996 because DFS workers had difficulty finding the couple at home and because they failed to participate in a parental aid program.

On July 10, 1996, the juvenile officer petitioned the circuit court to terminate the couple’s parental rights. The circuit court held a hearing on January 21,1997. Both parents testified and presented witnesses. On March 3, 1997, the circuit court entered its judgment to terminate their parental rights. Each parent appealed individually. We have consolidated their appeals.

The General Assembly has mandated in § 211.447.2 1 that, before a circuit court can terminate parental rights, it must determine that termination is in the child’s best interest and that the juvenile officer has established, by “clear, cogent and convincing evidence,” one of the enumerated grounds for termination. Clear and convincing evidence “instantly tilt[s] the scales in the affirmative when weighed against the evidence in opposition and [leaves] the fact finder’s mind ... with an abiding conviction that the evidence is true.” In re Adoption of W.B.L., 681 S.W.2d 452, 454 (Mo. banc 1984). The grounds enumerated include abuse or neglect of the child, § 211.447.2(2), and that the condition which caused the circuit court to put the child in protective custody has continued for more than one year with little likelihood of being remedied soon, § 211.447.2(3). The circuit court terminated the couple’s parental rights on both these grounds.

The mother contends that the juvenile officer did not meet her burden of establishing by clear, cogent and convincing evidence that DFS made a diligent effort to aid her in rectifying the conditions which led to the court’s adjudication of neglect. She argues that she “has not had the benefit of a diligent effort by DFS or the Juvenile Office to rectify the conditions which caused the children to come under the jurisdiction of the Juvenile Court.” She complains that her first case worker demanded so much that she “wound up in the stress unit of the local hospital” and that case workers and parent aides scheduled meetings which conflicted with her work schedule and thwarted her plans to move to another town to improve living conditions for *459 her children by threatening to remove the children from her custody. She contends that, because she has a stable job and plans to remodel a mobile home for her and her children, she is entitled to more time to demonstrate that she can rectify her shortcomings. The record does not support her point.

The mother does not cite any statutes or case law as authority for placing on DFS the burden for which she contends. In § 210.001(2), the General Assembly obligated DFS to “[ensure] that appropriate social services are provided to the family unit both prior to the removal of a child from the home and after family reunification!.]” Responding to similar arguments, we have said:

The parentsf] complaining about the lack of [DFS] services or token services misses the mark. A child is removed from his or her parent when deficiencies in the parent’s ability or willingness to meet their responsibilities to the child are noted. The parent is then in the position of demonstrating his or her ability to correct these deficiencies. This is accomplished by conscientiously availing oneself of the services offered that should be reasonably calculated to correct the deficiencies.

In the Interest of R.R.T., 744 S.W.2d 829, 882 (Mo.App.1988). This court’s Southern District has drawn the same conclusion:

[Appellant] argues in her briefs that the system failed her and that DFS could have done more to effect reunification by providing other forms of assistance. There is no statutory right, however, to a certain level or standard of DFS treatment and services in a termination proceeding. In re N.D., 857 S.W.2d 835, 840 (Mo.App.1993). The failure of DFS to provide treatment or services to a parent is not a valid defense for use by the parent in a termination proceeding. Id.

In the Interest of A.K.L., 942 S.W.2d 953, 960 (Mo.App.1997).

This record establishes that DFS did not fail in its obligation to help the mother with “appropriate social services.” DFS’ workers began trying to reunite the mother with her children in March 1992. Their effort continued through July 1996 when the juvenile officer filed the petition to terminate her parental rights. Eight times during that period, DFS workers prepared service agreements delineating specific, reasonable goals for her to achieve to regain custody of her children.

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Bluebook (online)
972 S.W.2d 456, 1998 Mo. App. LEXIS 798, 1998 WL 202353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kl-moctapp-1998.