In the INTEREST OF: N.R.P. and J.A.P

492 S.W.3d 634, 2016 Mo. App. LEXIS 608, 2016 WL 3418581
CourtMissouri Court of Appeals
DecidedJune 21, 2016
DocketED103643
StatusPublished
Cited by1 cases

This text of 492 S.W.3d 634 (In the INTEREST OF: N.R.P. and J.A.P) 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: N.R.P. and J.A.P, 492 S.W.3d 634, 2016 Mo. App. LEXIS 608, 2016 WL 3418581 (Mo. Ct. App. 2016).

Opinion

Philip M, Hess, Presiding Judge

Introduction

T.P. (Father) appeals the judgment of the Circuit Court of the City of St. Louis terminating his parental rights to N.R.P. and J.A.P (collectively the Children). On appeal, Father argues that the trial court erred ■ by • terminating Father’s parental rights because its findings were concluso-ry, not supported-by clear, cogent, and convincing evidence, and against the weight of the evidence; Finding no error, we affirm.

* Factual Background

Father is the biological parent of N.R.P. and J.A.P, N.R.P. was born in May 2011. N.RP.’s mother (Mother) took him to the hospital in March 2012. While at the hospital, Mother’s behavior became, erratic and the hospital staff did not release N.R.P. to Mother because they were concerned about Mother’s mental health. As a result, N.R.P. was taken into the care of .the Missouri Childrén’s Division (the Divi-sión). N.RP’s younger brother, J.A.P., was born oft May 7, 2Ó12. He came into the care of the Division ten days after he was born.

Around the time N.R.P. was removed from Mother’s care, a juvenile officer *636 working for' the Division requested permission from Father to inspect his home and asked him to provide documentation of employment or financial stability. Father did not comply with any of the officer’s requests. As a result, the circuit court assumed authority over N.R.P. on May 1, 2012 and J.A.P. on June 19, 2012. Both children have remained continuously in the care of the Division since they were removed from Mother.

After the circuit court assumed authority over N.R.P. and J.A.P., it ordered Father to comply with a service plan that required Father to:

1. submit to paternity testing;
2. have weekly, supervised visitation with the children;
3. obtain and maintain financial stability or regular employment;
4. obtain.. and maintain appropriate housing with working utilities for himself and his children;
5. submit to blood, breath, and urine testing upon request;
6. enroll’ in and successfully complete an approved substance abuse assessment with aftercare and provide ' proof of participation and completion;
7. enroll in and successfully complete parenting skills training; ■
8. enroll in and successfully complete family violence counseling;
9.' inform the Division of the identity of relatives who may be caretakers of his children;
10. submit to a psychological evaluation with parenting assessment and comply with any recommended treatment;
11. execute releases of any records of counseling, evaluations,' or examinations; and
12. comply with the rules of his probation. 1 .

Father did not complete multiple terms of the service plan, and the Division filed a petition to terminate Father’s parental rights. In September 2015, the case proceeded to trial to determine whether Father and Mother’s 2 parental rights to the Children should be terminated. Father did not appear at the trial. Father’s counsel told the trial court that she did not know why he was not present. She stated she informed Father of the trial’s date and time and attempted to call Father the morning of trial, but could not reach him. Father’s counsel requested a continuance to locate Father, which the trial court denied.

The following facts were adduced at trial. The Division asked Father to submit to forty-one drug tests during the time the Children were in foster care. Of those forty-one requests, Father complied four times. In all four tests, Father tested positive for marijuana, and he tested positive for cocaine on at least one occasion. Father also submitted to two random drug tests in August 2015, twenty days apart, while he was being treated for substance abuse at Bridgeway. He tested positive for marijuana and cocaine both times. As a result of his drug tests results, Bridge-way discharged him. ’ Father began outpatient treatment" at Bridgeway shortly after his discharge. At the time of trial, Father had not completed a substance abuse program.

Father completed a nurturing skills and parenting program in August 2012. Fa *637 ther completed twenty out of the thirty-two scheduled Family Support Team meetings.

During the pendency of the case, Father repeatedly failed to comply with the Division’s requests to provide his home address. 3 However, in March or April 2015, Father provided the Division with an address. The Division inspected the home and found that it was clean and had three bedrooms. However, following the initial inspection, Father stopped cooperating with the Division and repeatedly cancelled scheduled home visits.

Father also did not comply with the Division’s requests to provide proof of employment. The only proof of employment he provided was an undated letter that he gave to his case manager in February or March of 2013 from a person claiming to be his employer. Father’s case manager called the person who wrote the letter. The person stated, that he would try to give the case manager something more official, but he never did. Father’s case manager tried calling again in May 2015, but the phone number was no longer in service. Father never provided paycheck stubs, tax forms, or any. other proof of employment.

The Children bonded with Father and knew him as their father. Father was entitled to weekly visitations with the Children, which he consistently attended. Father also attended several doctor’s appointments with J.A.P. The- Children enjoyed Father’s visits and he brought snacks and gifts with him to the visitations. However, aside from giving the Division money to buy diapers on one occasion, Father did not provide any financial support for the Children.

Mother testified at trial that Father had been violent with her in the past. Father participated in a family violence counseling program in June 2013, but he was unsuccessfully discharged from counseling in September 2013 for not cooperating and making inappropriate comments: Father attempted to obtain family violence counseling with Provident in August 2015, but was unable to because the Division had not yet paid the $80 assessment fee.

Following the trial, the trial court kept the record open for one week to allow Father to submit a post-hearing affidavit or exhibit to demonstrate employment. Father failed to do so. The trial court terminated Father’s parental rights to the Children pursuant to § 211.447.5(3) 4 and transferred the custody of the Children to the Division for the purpose of adoption or foster care placement. This: appeal follows.

Standard of Review

We review a judgment terminating parental rights under the standard set forth in Murphy v. Carron,

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Bluebook (online)
492 S.W.3d 634, 2016 Mo. App. LEXIS 608, 2016 WL 3418581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-nrp-and-jap-moctapp-2016.