In the Interest of M.T. v. Juvenile Officer

431 S.W.3d 539, 2014 Mo. App. LEXIS 566, 2014 WL 2107924
CourtMissouri Court of Appeals
DecidedMay 20, 2014
DocketNo. ED 99959
StatusPublished
Cited by7 cases

This text of 431 S.W.3d 539 (In the Interest of M.T. v. Juvenile Officer) 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.T. v. Juvenile Officer, 431 S.W.3d 539, 2014 Mo. App. LEXIS 566, 2014 WL 2107924 (Mo. Ct. App. 2014).

Opinion

ROY L. RICHTER, Presiding Judge.

J.T. (“Father”) appeals from the trial court’s judgment, following an adjudication hearing and dispositional hearing, granting petitions filed by the St. Louis Family Court’s Juvenile Officer (“Juvenile Officer”) in the City of St. Louis, alleging that twins, M.T. (“Daughter”) and M.T. (“Son”) come within the provisions of Section 211.081, RSMo., requiring the juveniles be placed in protective custody of the Missouri Department of Social Services, Children’s Division (“Children’s Division”) because they were without proper care, custody or support. At the close of the adjudication hearing, the trial court ordered that the juveniles remain in protective custody and be in the legal custody of the Children’s Division. The trial court immediately proceeded to a dispositional hearing, granting legal custody to Children’s Division, for appropriate placement. However, because the trial court later terminated its jurisdiction, we dismiss Father’s appeal.

I. BACKGROUND

Twins, Daughter and Son were born on August 17, 2012, premature and with breathing problems. Daughter remained in the neonatal intensive care unit (“NICU”) for seventeen days and was on a breathing machine for three days during that time. Eventually both of the twins went home to live with Mother, Father, and their maternal grandmother, but Daughter continued to have breathing problems. Daughter was taken to St. Louis Children’s Hospital Emergency Department (“SLCH ED”) on September 19, 2012, and again on the morning of October 20, 2012. Daughter was diagnosed with “preseptal cellulitis,” an infection, given a dose of medication, and sent home with a prescription to fill.

At home on October 20, 2012, Mother left to run errands and Father stayed with the twins. During naptime, Father and Daughter fell asleep with Daughter on Father’s chest, and she slid off his chest and onto the bed. Father noticed Daughter having difficulty breathing and at one point, she completely stopped breathing. Father attempted to perform CPR, called 911, and Daughter was resuscitated by a bag-mask ventilation and transported back to the SLCH ED. Daughter was admitted to the Pediatric Intensive Care Unit (“PICU”) with respiratory distress.

After examination by Dr. Jamie S. Kon-dis, M.D., the Children’s Division was contacted and an investigation was conducted, producing petitions filed in the Circuit Court of the City of St. Louis, alleging both children were in need of care and treatment due to Daughter being a victim of child maltreatment, physical abuse and abusive head trauma based on a diagnosis of acute bilateral subdural hematomas and retinal hemorrhages bilaterally1 with no non-accidental explanation.

[541]*541A protective custody hearing was held on October 29, 2012, wherein Mother and Father were present and the trial judge appointed counsel for them and appointed a guardian ad litem. The trial court ordered the juveniles to remain in protective custody in the legal custody of the Children’s Division for appropriate physical placement.

On November 8, 2012, new, private counsel (“Counsel”) entered her appearance on Father’s behalf, and his original counsel withdrew. An adjudication hearing was held thereafter on December 10 and 18, 2012, before the Family Court commissioner. The court entered a dispositional order keeping the children in the legal custody of the Children’s Division.

Mother and Father filed a Motion for Rehearing, which was granted. This Adjudication Hearing took place on April 11, 2013. The Juvenile Officer’s first witness was Dr. Kondis, a member of the Child Protection Team at SLCH, who examined Daughter on October 21, 2012. She testified that Daughter had two symptoms: subdural and retinal hemorrhages, and taken together, were consistent with abusive head trauma. She had reasonable “cause to suspect that [Daughter] was the victim of child maltreatment, physical abuse type, or abusive head trauma.”

Father’s Counsel called as a witness William Waldrop, M.D., who was employed by Washington University medical school in St. Louis and worked in the Pediatric Operating Room and Pediatric Critical Care Unit. He testified that he could not say with certainty whether Daughter had been shaken, since it is possible for a child to be diagnosed with acute bilateral sub-dural hematomas and retinal hemorrhages not resulting from abuse. He stressed his reason for referring Daughter to the child protective division was a precaution based on her injuries. After Dr. Waldrop testi-fled, Dr. Kondis was called on rebuttal. Finally, the Juvenile Officer stated she had one final witness, Detective Colin Tully.

At this point, Father’s Counsel was preparing to exit the courtroom and said, “I think if you can just excuse me and let me go be with my Mom.” The court asked whether she had another witness, and Counsel said no. She further stated, “As long as I’m finished with the experts, I’m fine.” The trial court responded that under the circumstances, it would give Counsel leave to absent herself from the hearing. Counsel then left the hearing, and the trial court proceeded to hear the next witness, Det. Tully, even though Father was unrepresented. Det. Tully testified on behalf of the Juvenile Officer, who then rested.

In Counsel’s absence, Mother’s attorney advised the trial court that Counsel had planned to call the case manager as a witness. Mother’s attorney requested a short recess to contact Counsel to determine what she wanted to question the case manager. The hearing resumed and Mother’s attorney called only one witness, Mother.

At the conclusion of the adjudication hearing, the trial court entered Findings and Order of Jurisdiction, dated April 11, 2013, finding by clear and convincing evidence that the two children were without proper care, custody or support and within the provisions of Section 211.031.1. The trial court further ordered that it should proceed to a disposition hearing, which it then held immediately thereafter.

During the dispositional hearing, again without Counsel’s presence, the Juvenile Officer called the Children’s Division case manager as a witness. At the conclusion, the trial court ordered legal custody of the twins be granted to the Children’s Division for appropriate placement.

[542]*542Father did not request a rehearing, nor did he file a motion to amend or for a new hearing. Thereafter, Counsel filed a motion requesting leave to withdraw as Father’s attorney and Father received new counsel. On May 13, 2013, Father filed his notice of appeal in this Court, raising two issues: first, whether Father’s statutory rights to counsel, pursuant to Section 211.211 were violated and thus, he was denied a fair trial, and second, whether there was sufficient evidence the children were in need of care and treatment pursuant to Section 211.031 and thus, the parents were not entitled to their care, custody and control.

Later, on September 30, 2013, the trial court held a permanency hearing, at which Father failed to appear, and evidence was presented showing Father had been non-compliant with court-ordered services. The trial court followed the Juvenile Officer’s recommendation, ordering that the children should be reunited with Mother, who was no longer living with Father. The trial court then terminated its jurisdiction. The Juvenile Officer filed a motion to dismiss Father’s appeal for mootness, which has been taken with the case on appeal.

II. DISCUSSION

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Bluebook (online)
431 S.W.3d 539, 2014 Mo. App. LEXIS 566, 2014 WL 2107924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mt-v-juvenile-officer-moctapp-2014.