IN THE INTEREST OF N.D.P.H. and Z.L.P.H, Minor children under seventeen years of age, K.E.H. v. GREENE COUNTY JUVENILE OFFICER, Petitioner-Respondent

CourtMissouri Court of Appeals
DecidedOctober 5, 2023
DocketSD37993 and SD37994 (Consolidated)
StatusPublished

This text of IN THE INTEREST OF N.D.P.H. and Z.L.P.H, Minor children under seventeen years of age, K.E.H. v. GREENE COUNTY JUVENILE OFFICER, Petitioner-Respondent (IN THE INTEREST OF N.D.P.H. and Z.L.P.H, Minor children under seventeen years of age, K.E.H. v. GREENE COUNTY JUVENILE OFFICER, Petitioner-Respondent) 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.

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IN THE INTEREST OF N.D.P.H. and Z.L.P.H, Minor children under seventeen years of age, K.E.H. v. GREENE COUNTY JUVENILE OFFICER, Petitioner-Respondent, (Mo. Ct. App. 2023).

Opinion

Missouri Court of Appeals Southern District

In Division IN THE INTEREST OF: ) N.D.P.H. and Z.L.P.H, ) Minor children under seventeen ) years of age, ) ) K.E.H., ) ) Respondent-Appellant, ) ) v. ) Nos. SD37993 & SD37994 ) Filed: October 5, 2023 GREENE COUNTY JUVENILE ) OFFICER, ) ) Petitioner-Respondent. )

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY

Honorable Joseph Schoeberl, Senior Judge

AFFIRMED

K.E.H. (Father) appeals from judgments terminating his parental rights to his two

children: N.D.P.H. and Z.L.P.H. (hereinafter referred to collectively as the Children). The

trial court terminated Father’s parental rights on the statutory grounds of: (1) neglect; and

(2) failure to rectify potentially harmful conditions. See § 211.447.5(2); § 211.447.5(3). 1

1 All statutory references are to RSMo Cum. Supp. (2021) unless otherwise indicated. All rule references are to Missouri Court Rules (2023). The court further found that termination of Father’s parental rights was in each child’s best

interest. See § 211.447.6. In Father’s two points on appeal, he challenges only the court’s

best-interest determination. 2 Father contends the court: (1) abused its discretion by finding

that termination was in the Children’s best interests; and (2) plainly erred by failing to

“inquire as to the wishes of the Children as to whether they wanted Father’s parental rights

terminated.” Finding no merit in either point, we affirm.

Standard of Review

A trial court’s judgment terminating parental rights “will be affirmed if the record

supports at least one ground and supports that termination is in the best interest of the

children.” J.A.R. v. D.G.R., 426 S.W.3d 624, 630 (Mo. banc 2014); see In the Interest of

J.P.B., 509 S.W.3d 84, 90 (Mo. banc 2017). We review a statutory ground for termination

by determining whether the ruling is supported by substantial evidence, is against the weight

of the evidence, or involves an erroneous application or declaration of the law. J.A.R., 426

S.W.3d at 626; In re Adoption of C.M.B.R., 332 S.W.3d 793, 815 (Mo. banc 2011). The

judgment will be reversed only if we are left with a firm belief that the judgment is wrong.

C.M.B.R., 332 S.W.3d at 815. We view “the evidence and permissible inferences drawn

from the evidence in the light most favorable to the judgment.” Id. at 801. We defer to the

trial court’s assessment of credibility. Id. at 815. An abuse-of-discretion standard is used

to review a trial court’s decision that termination of parental rights is in the child’s best

interest. Id. at 816; J.A.R., 426 S.W.3d at 626. The trial court’s judgment is presumed valid,

2 Because Father does not challenge the findings regarding the statutory grounds for termination, we only review that part of the judgment which found that termination of Father’s parental rights was in the Children’s best interests. See In re A.Y.M., 154 S.W.3d 412, 414 n.2 (Mo. App. 2004). 2 and the burden is on the appellant to demonstrate that it is incorrect. Houston v. Crider, 317

S.W.3d 178, 186 (Mo. App. 2010).

Factual and Procedural Background

We limit our recitation of the facts to those necessary to resolve Father’s points on

appeal. The Children were born in April 2019 (Z.L.P.H.) and March 2021 (N.D.P.H.). In

December 2020, when Z.L.P.H. was 20 months old and in Father’s care, Z.L.P.H. was

transported by ambulance to Cox Medical Center for methamphetamine intoxication. She

tested positive for methamphetamine and amphetamine. Upon further investigation by the

Children’s Division (Division), Father admitted to using methamphetamine two days before

the incident. Father later admitted to law enforcement to using methamphetamine the night

before, with numerous other users in the home where Z.L.P.H. was in Father’s care. Due to

safety concerns about returning Z.L.P.H. to Father’s care, the Division placed Z.L.P.H. with

the paternal grandmother (Grandmother). Father agreed to participate in services offered by

the Division, but he did not do so.

In March 2021, when N.D.P.H. was born, the Division received a referral for a

newborn crisis assessment based on concerns about lack of prenatal care and drug use. Both

the Children’s mother (Mother) and Father were homeless. With respect to Father, concerns

included: (1) his drug use; (2) obtaining safe and stable housing; (3) employment; and (4)

domestic violence between Father and Mother. Further, placement of Z.L.P.H. was also

becoming “volatile” as Father was participating in Grandmother’s household, and they were

not able to get along.

On March 17, 2021, both Z.L.P.H. and N.D.P.H. were taken into protective custody

by the Division. The Children were placed together in a foster home. A treatment plan

addressing Father’s issues was prepared by the Division.

3 In April 2022, petitions were filed to terminate Father’s parental rights to each of the

Children. Trial in the matter was held in February 2023. At that time, the Children were

one and three years of age. Witnesses included a police officer and two Division

investigators, who testified to the above-described events that led to the Children coming

into care. The two caseworkers who managed the Children’s case testified, along with two

other workers who supervised the Children’s visitation with Father. The guardian ad litem

(GAL) also participated at trial on behalf of the Children. Lastly, Father testified on his own

behalf. The following is a summary of the testimony.

Shelly Anderson was the Children’s caseworker for the first six months, from March

to September 2021. At that time, Father was involved in Family Treatment Court, but he

did not follow through with substance abuse treatment. Similarly, despite housing and

employment referrals, Father did not obtain stable housing or employment. Father’s

visitation with the Children was limited to supervised visits. Father was not consistent with

those visits.

Emaly Keller (Keller) took over as caseworker from September 2021 until the time

of the February 2023 trial. She reported that Father was discharged from Family Treatment

Court for failed drug tests. He had taken only six out of 50 required urinalysis tests; five

were positive for THC, and one was positive for methamphetamine. Father’s hair follicle

tests were positive for methamphetamine on: July 21, 2022 and September 23, 2022, and

on January 20, 2023, which was less than a month before trial. Father denied using, but he

admitted that he had been around people who were smoking methamphetamine.

According to Keller, during her tenure as caseworker, Father did not achieve and

maintain sobriety. Similarly, despite several referrals, Father did not participate in

counseling services, any domestic violence education, programs to improve his coping skills,

4 or classes on anger management. In addition, Father did not obtain appropriate housing or

report consistent employment. Father reported working, but provided only one pay stub in

April or May of 2022, and one other pay stub the morning of trial. Father did provide some

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IN THE INTEREST OF N.D.P.H. and Z.L.P.H, Minor children under seventeen years of age, K.E.H. v. GREENE COUNTY JUVENILE OFFICER, Petitioner-Respondent, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ndph-and-zlph-minor-children-under-seventeen-moctapp-2023.