In the Interest of M.B.A

709 S.W.2d 941, 1986 Mo. App. LEXIS 4057
CourtMissouri Court of Appeals
DecidedApril 29, 1986
Docket14012
StatusPublished
Cited by20 cases

This text of 709 S.W.2d 941 (In the Interest of M.B.A) 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 M.B.A, 709 S.W.2d 941, 1986 Mo. App. LEXIS 4057 (Mo. Ct. App. 1986).

Opinions

MAUS, Judge.

On September 18,1981, the Juvenile Officer of Cedar County filed a petition to terminate the parental rights of E.A.N. (hereinafter mother) to her three children then in the actual custody of foster parents. The initial “N” is from the name of the mother’s second husband. After an initial appearance by the parties on April 29, 1982, and numerous subsequent delays, a plenary hearing was held on September 9, 1983. A judgment terminating those parental rights of the mother was entered on August 31, 1984. After further delay, the mother’s appeal reached the January, 1986, docket of Division II of this court. It was re-argued before the court en banc on February 19, 1986.

Those dates have been mentioned for two reasons. The first is to note the inordinate delay in the determination of the future of these children. This is not to assign fault, but to emphasize that those concerned were charged with knowledge of the need for an early determination of a stable home environment for those children. The demand for expeditious determination of cases such as this, clearly stated by Judge Welliver in D.G.N. v. S.M., 691 S.W.2d 909 (Mo. banc 1985), must be observed.

The second reason is to focus attention upon the statutory period that is the basis for a decision in this case. That period is six months prior to September 18, 1981. § 211.447.2, RSMo 1978. The following is a condensation of the evidence.

The mother was 18 years of age when, on November 21, 1974, she married M.A. (hereinafter father) who was then 17 years of age. They lived in northwest Kansas. Initially they resided with his mother. They were living with her on May 1, 1975, when their son M.B.A. was born. Thereafter, they moved to a trailer. Their daughter, N.H.A., was born on November 7, 1976. Apparently, the relationship between the parents began to deteriorate about this time.

In mid 1977, they were told they had to move the trailer from the lot on which it was located. They were behind in the pay-[943]*943merits on the trailer. When the mother was eight months pregnant with her third child, B.W.A., the father left. B.W.A. was born November 13, 1977. The father’s whereabouts were unknown for four months.

After the father left in October of 1977, the mother claimed his vacation check estimated to be approximately $200. She received “welfare.” On a date not clear from the record, the mother abandoned the trailer. She moved into an apartment in the basement of an old building. The apartment consisted of a kitchen, a living room and a bedroom. A bath was shared with another basement apartment.

The two older children received outpatient treatment or hospital care on numerous occasions during 1976 and 1977. On March 5, 1977, N.H.A., the daughter, was found to be suffering from malnutrition. In June, 1977, by an anonymous call, the Kansas Department of Social and Rehabilitation Services was informed that the mother was neglecting her children. That department then provided health services and counseling to the mother. Records disclose several diagnoses of respiratory and ear infections.

After the mother learned she was pregnant with her third child, B.W.A., she determined she did not want that child. She did not want to give the child to her mother-in-law, because that would not be fair to her parents. In August, 1977, the mother-in-law called the father’s great aunt, a woman 42 years of age, and asked her if she wanted the unborn child. After a discussion with her husband, the aunt called back and told the mother-in-law they would accept the baby. At this point, it should be noted that the aunt and her husband had lived in northwest Kansas. But, in June of 1976 they moved to Cedar County, Missouri. The aunt had been acquainted with the father and the mother. In 1975, the aunt gave the mother several items for the care of her first child, M.B.A. When the aunt was in northwest Kansas at Christmas, 1977, she was told by the mother-in-law that the baby had been born, but the mother said her brother was going to take the children.

By February, 1978, living conditions for the children had deteriorated. It may be summarized that they were not properly housed, clothed, fed or bathed. By her own admission she was not a good mother. She resented B.W.A. For example, she held him to feed him only one time after his birth. On other occasions she would prop the bottle in his mouth. She said she was severely depressed and lost interest in everything. Her diet consisted of Cokes and cigarettes.

On January 31, 1978, B.W.A. had been admitted to a hospital suffering from pneumonia. A social worker and two physicians called the aunt to see if she and her husband would accept the children. On February 3, 1978, the aunt drove to northwest Kansas to do so. She found the mother and the two older children living in the basement apartment in deplorable conditions. The children slept on a mattress on the floor in a closet. The mattress was soiled by urine and feces. Those children were unkempt and dirty.

The aunt had taken with her a petition to the Probate Court of Cedar County for the appointment of the aunt and her husband as guardians of the children. After a lawyer explained the form, the mother signed a consent to this appointment. She also signed a “consent to custody” statement which recited the aunt and her husband were to have custody of the children until she was able to care for them. On February 4, 1978, the children were brought to Missouri to live in the custody of the aunt and her husband. On February 17, 1979, the mother executed a consent for the aunt and her husband to adopt B.W.A. At the time she understood she was giving up all of her rights relative to B.W.A. Since being brought from Kansas, the three children have lived in the home and under the care of the aunt and uncle.

The record concerning the subsequent whereabouts and activities of the mother is not entirely clear. She said that from February, 1978, to February, 1979, she lived a [944]*944lot of places; with her sister in Oklahoma, and in Goodland, Colby, Atwood and Overland, Kansas. In March, 1978, the father returned. They were reconciled, but did not long live together. She stayed in Atwood where she worked at a cheese plant for $3.25 per hour. The father worked in Hayes, Kansas. In April or May, 1979, he started working in the oil fields near Galveston, Texas. In May, 1979, the father, to whom the mother was yet married, was killed in a motorcycle accident.

The mother testified that in 1980 she settled in Ellis, Kansas. In 1980 she saw a psychiatrist or a psychologist six times. Welfare paid for one additional visit, which she was saving in case she needed it. She testified that for two and one-half years before the hearing she had been employed in a cafe in St. Francis, Kansas. By reference to the calendar it is determined she started this work about March 9, 1981. She worked at the cafe 36 hours per week for $3.35 per hour.

Sometime before her husband’s death, the mother entered into a relationship with T.N. At an indefinite time she started living with T.N. In September, 1981, the mother and T.N. were married. At the time of the hearing he was employed by the highway department and made $935 per month gross. She testified his take-home pay was $605 per month.

At Easter and Christmas, 1978, the aunt went to western Kansas for visits. The children accompanied her. The mother saw the children at her former mother-in-law’s.

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In the Interest of M.B.A
709 S.W.2d 941 (Missouri Court of Appeals, 1986)

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709 S.W.2d 941, 1986 Mo. App. LEXIS 4057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mba-moctapp-1986.