In the Interest of P.A.W. v. A.M.W.

716 S.W.2d 284, 1986 Mo. App. LEXIS 4346
CourtMissouri Court of Appeals
DecidedJuly 8, 1986
DocketNo. 50066
StatusPublished
Cited by16 cases

This text of 716 S.W.2d 284 (In the Interest of P.A.W. v. A.M.W.) 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 P.A.W. v. A.M.W., 716 S.W.2d 284, 1986 Mo. App. LEXIS 4346 (Mo. Ct. App. 1986).

Opinions

GARY M. GAERTNER, Judge.

The mother, A.M.W., appeals from the juvenile court’s order terminating her parental rights to P.A.W., her four-year old son.1 The juvenile court assumed jurisdiction under section 211.031 RSMo 1978, and entered the termination order pursuant to section 211.447.2(2)(e) RSMo 1978.

On appeal, the mother argues that the juvenile court erred in: (1) basing its decision to terminate her parental rights on a statutory provision that was not in effect when the termination petition was filed; (2) overruling the mother’s motion to dismiss the termination petition for failure to state a claim upon which relief could be granted; (3) overruling the mother’s motion to dis[286]*286miss for failure to conduct an investigation and submit a social study prior to termination; and (4) finding against the weight of the evidence that the child’s best interest and welfare required termination of the mother’s parental rights. We affirm.

None of the parties disputes the tragic facts giving rise to this action. P.A.W. was born on March 15, 1982. Immediately prior to the child’s birth, the mother made several bizarre statements to hospital nurses. She denied the pregnancy, claimed that the child was fathered by the devil, and threatened to cut the child up and feed it to the dogs.

On March 18, 1982, proceedings were initiated in the juvenile court for temporary detention of the child due to the mother’s psychiatric illness and erratic behavior. On March 19, 1982, the juvenile court entered a temporary detention order placing the child with the Missouri Division of Family Services (DFS). On March 22, 1982, the juvenile officer filed a neglect petition alleging that the mother had failed to provide the care necessary to the child’s well-being. On May 10, 1982, after a hearing, the juvenile court entered an order granting the mother legal and physical custody of the child under the supervision of DFS. The mother resided with her parents at that time.

On May 31, 1982, the mother stabbed the child in the chest with a butcher knife having an eight-inch blade. The child, then three months of age, survived the assault and was thereafter placed in a foster home, where he has remained for the past four years. His foster parents desire to adopt him.

On April 13, 1983, the mother pled guilty to second degree assault and was sentenced to five years imprisonment. On July 6, 1984, the juvenile officer filed a petition to terminate the mother’s parental rights. The petition alleged that the stabbing incident warranted termination under section 211.447.2(2)(e) RSMo 1978. That provision authorizes termination if “[t]he parent has committed ... a single incident of life threatening or gravely disabling injury or disfigurement of the child ....”

On January 25, 1985, the mother filed a motion to dismiss the petition because it failed to state a claim upon which relief could be granted. In her motion, the mother contended that the petition was fatally defective because the only provision under which termination was sought, section 211.-447.2(2)(e) RSMo 1978, was not in effect when the petition was filed on July 6, 1984. That provision had been amended on August 13, 1982, subsequent to the stabbing incident but prior to the filing of the termination petition.

On February 5, 1985, the juvenile court denied the mother’s motion to dismiss but ordered the juvenile officer to amend his petition to conform to the amended statute, section 211.447.2(2)(e) RSMo Supp.1982. That provision authorizes termination if “[t]he parent has knowingly committed ... a single incident of life threatening or gravely disabling injury or disfigurement of the child_” (Emphasis added.). The juvenile officer subsequently amended his petition to include an allegation that the mother had knowingly stabbed the child within the meaning of the 1982 statute. The allegations under the 1978 statute also remained in the petition.

On March 29, 1985, the juvenile court held an evidentiary hearing on the termination petition. At that hearing, four psychiatrists testified that the mother is afflicted with paranoid schizophrenia. The psychiatrists all agreed that this condition is chronic and will persist for the remainder of the mother’s life. Given this diagnosis, each of the four psychiatrists opined that the mother did not “knowingly” stab her child on May 31,1982. They explained that the mother’s mental disease had prevented her from forming the intention necessary to act knowingly.

On April 2, 1985, the juvenile court issued an order terminating the mother’s parental rights. The court based its decision to terminate exclusively upon the 1978 version of section 211.447.2(2)(e). The court specifically found that the juvenile officer’s [287]*287allegations with respect to the 1982 statute had not been proven by clear, cogent and convincing evidence. The mother appeals from the juvenile court's order.

In her first point on appeal, the mother argues that the trial court erred in terminating her parental rights under the 1978 version of section 211.447.2(2)(e), because that provision was not in effect when the juvenile officer filed the termination petition on July 6, 1984. The mother contends that although the 1978 statute was in effect when the mother stabbed the child, the 1982 statute is nevertheless controlling because it was in effect when the termination petition was filed.

Section 211.487 RSMo 1978 provides as follows:

1. Sections 211.442 to 211.492 apply to all proceedings commenced on or after August 13, 1978.
2. In any action to terminate parental rights pending prior to August 13, 1978, the law in effect at the time of the filing of the petition for termination of parental rights shall govern the hearing on such petition and any appeal therefrom.

When the legislature amended the Juvenile Code in 1985, it enacted a similar “savings” clause protecting all actions commenced on or before September 28, 1985, and again applying the law in effect at the time of the filing of the petition. See section 211.487 RSMo Supp.1985. No such provision was made, however, when the Code was amended in 1982. It is nevertheless apparent that the legislature intended the law in effect at the time of the filing of the petition to control the termination proceeding. In the instant case, it is undisputed that the 1982 version of section 211.447.2(2)(e) was in effect when the juvenile officer filed his petition. We thus hold that the juvenile court erred in terminating the mother’s parental rights under the 1978 statute.

The only other provision under which the juvenile officer’s petition sought termination of the mother’s parental rights was the 1982 version of section 211.447.2(2)(e). That provision differs from the 1978 statute only in that it requires the parent’s life threatening act have been done “knowingly.” In the instant case, the juvenile court specifically found that the juvenile officer’s allegations under that provision had not been proven by clear, cogent and convincing evidence. This finding was based upon the testimony of four psychiatrists, each of whom opined that the mother did not act knowingly when she stabbed her child. The absence of proof on this element of the 1982 statute thus precluded termination under that provision.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Juvenile Officer v. D.R.
52 S.W.3d 625 (Missouri Court of Appeals, 2001)
In Re AR
52 S.W.3d 625 (Missouri Court of Appeals, 2001)
Missouri Department of Mental Health v. Juvenile Officer
995 S.W.2d 21 (Missouri Court of Appeals, 1999)
In Re CAD
995 S.W.2d 21 (Missouri Court of Appeals, 1999)
In the Interest of F.M.
979 S.W.2d 944 (Missouri Court of Appeals, 1998)
In the Interest of M.R.
894 S.W.2d 193 (Missouri Court of Appeals, 1995)
Callahan v. Director of Revenue
878 S.W.2d 826 (Missouri Court of Appeals, 1993)
Juvenile Officer v. W.M.
845 S.W.2d 147 (Missouri Court of Appeals, 1993)
In Interest of WSM
845 S.W.2d 147 (Missouri Court of Appeals, 1993)
Phillips v. Hoke Construction, Inc.
834 S.W.2d 785 (Missouri Court of Appeals, 1992)
Rickard v. Rickard
818 S.W.2d 711 (Missouri Court of Appeals, 1991)
In the Interest of J.W.M.
761 S.W.2d 273 (Missouri Court of Appeals, 1988)
Juvenile Officer v. D.W.
761 S.W.2d 193 (Missouri Court of Appeals, 1988)
In the Interest of W.A.H.
725 S.W.2d 150 (Missouri Court of Appeals, 1987)
Paw v. Amw
716 S.W.2d 284 (Missouri Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
716 S.W.2d 284, 1986 Mo. App. LEXIS 4346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-paw-v-amw-moctapp-1986.