In the Interest of P.J.M.

926 S.W.2d 223, 1996 Mo. App. LEXIS 1248, 1996 WL 396696
CourtMissouri Court of Appeals
DecidedJuly 16, 1996
DocketNo. 68976
StatusPublished

This text of 926 S.W.2d 223 (In the Interest of P.J.M.) 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.J.M., 926 S.W.2d 223, 1996 Mo. App. LEXIS 1248, 1996 WL 396696 (Mo. Ct. App. 1996).

Opinion

GERALD M. SMITH, Presiding Judge.

Parents appeal from the judgment of the trial court terminating their parental rights in three of their children. We affirm.

At the time of trial the parents had seven children. The eldest was born in December 1984. For convenience and anonymity we will designate the children by numbers 1 through 7 with 1 representing the eldest. Numbers 2, 3, 4, and 7 are girls. Numbers 6 and 7 are twins. Numbers 5, 6, and 7 are involved in this proceeding.

None of the children were in the custody of either parent at the time of the hearing. The parental rights of the parents had been terminated as to Numbers 3 and 4 in Orleans Parish, Louisiana. The reason for those terminations was neglect and abandonment. Numbers 1 and 2 were originally removed from the home in May 1987, when the parents were arrested and charged with kidnapping and sexual assault of a fourteen year old girl. The charges were later dropped because of unwillingness of witnesses to testify. Number 2 was never returned to the parent’s custody. Number 1 was returned in September 1993 to his mother and in short order went from an honor student to a discipline problem. He was subsequently removed from mother’s custody in September 1994. Numbers 6 and 7 were born in late May 1994. Because of mother’s treatment of Number 7 that child was taken into custody by Mississippi county juvenile authorities on June 10, 1994, and after a hearing on June 21, 1994, at which mother admitted the allegations of the petition, Number 7 was adjudicated neglected and placed in foster care. In July of that year Number 7 was returned to her mother. On September 15, 1994, after mother tested positive for drugs at a safe house, the four children in her custody, Numbers 1, 5, 6, and 7 were taken into custody by the juvenile authorities.

After petitions were filed in September 1994, alleging the children involved here were in need of care and treatment, orders were issued by the juvenile court assuming custody and placing the children with the Division of Family Services. No hearing was held. Instead petitions for termination of parental rights were filed with regard to each child in April, 1995. Hearing was held on June 6 and 7 and the court entered its order terminating parental rights to Numbers 5, 6, and 7 on August 1,1995.

In father’s first point he contends that the requirements of § 211.447.2(2) RSMo 1994 were not met in that there had been no prior adjudication of abuse or neglect as to the children involved in this proceeding. In the Interest of P.M., 801 S.W.2d 773 (Mo.App.1991)[3] and In the Interest of D.L.D., 701 S.W.2d 152, 158 (Mo.App.1985) both hold that the statute contemplates two hearings. The first is to establish abuse or neglect and the second to terminate parental rights.

We find the requirement of those cases has been met here. As to Number 7, the hearing and finding in Mississippi county satisfies the statutory requirement. Number 7 was found to be neglected after hearing. The ground of neglect as a basis for terminating parental rights is established by showing the child has been adjudicated neglected. It is not necessary to show the parents to have been neglectful. In the Interest of D.L.C., 834 S.W.2d 760 (Mo.App.1992)[3].

As to Numbers 5 and 6 (and for that matter 7) the hearing and adjudication in Louisiana of neglect of Numbers 3 and 4 is sufficient to support the termination here. Under Missouri law termination of parental rights can be based on a severe act or recur[225]*225rent acts of physical, emotional, or sexual abuse toward the child or any child in the family by the parent. § 211.447.2(2)(c). The reasoning for this is stated in D.G.N. v. S.M., 691 S.W.2d 909 (Mo.banc 1985)[1] as follows:

We do not believe that the actual physical harm must be present. “To require [the] child to suffer the fate of his siblings prior to termination of parental rights would be a tragic misapplication of the law.” (Quoting from In the Interest of J.A.J., 652 S.W.2d 745, 749 (Mo.App.1983)).

The records from the Louisiana proceeding reflect that father hit three month old Number 4 while striking at the mother, knocking the child to the ground. While attempting to avoid apprehension, the child and mother fell from an automobile operated by father and the child was taken to the emergency room. The court in Louisiana found that both Numbers 3 and 4 had been abandoned and neglected by their parents and on that basis terminated parental rights. More of the factual details involving the Louisiana situation appear intra.

In the Interest of D.G.N., supra, the court stated the following policy that courts in Missouri must:

[D]o all within their power to make the execution of this responsibility easier, fairer, faster and more in the best interest of the child. To this end, we direct that all future handling of termination of parental rights be expedited in every way possible and with all deliberate speed.... Only by so doing will it be possible to minimize the harm to children who must remain in limbo while the judicial system runs its course. We do not believe that this is too much to ask of lawyers, judges, the court and juvenile personnel, [l.c. 914].

It would be difficult to find a case where the expeditious handling of termination proceedings is more strikingly called for than this one. While the statutory requirements must be met, where the purpose behind the statutory requirements has, in fact, been achieved, hyper-technicality in the interpretation of the statute is not required. Here the neglected status of the children of these parents has been determined in two different proceedings in two different states. The family had been involved with one or more county or parish juvenile offices for eight years prior to the hearing. Each of the seven children had been the subject of juvenile office intervention. It is hyper-technical at best to delay the necessary termination, and the hopefully brighter future for these children, so that a court may have another hearing to determine that these specific children have received the same injurious treatment as their siblings.

Father further contends that he did not receive proper summons before the September 1994 orders were issued. Since these orders are not being considered as determinations of abuse or neglect the point is without merit.

Both parents challenge the sufficiency of the evidence to support the findings upon which parental rights were terminated. We will regretfully highlight some of the evidence upon which the findings were made.

As stated the parents have seven children with the oldest born in December 1984. The New Madrid County Division of Family Services (DFS) first became involved with the family in December 1986. Number 2 was then two months old. A report had been made that Number 1 was improperly supervised and was inappropriately bruised. The parents entered into a written service agreement to ensure proper medical care for Number 2 and appropriate discipline for Number 1.

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Related

In Interest of D____ L____ C____
834 S.W.2d 760 (Missouri Court of Appeals, 1992)
In the Interest of J.A.J.
652 S.W.2d 745 (Missouri Court of Appeals, 1983)
In the Interest of D.L.D.
701 S.W.2d 152 (Missouri Court of Appeals, 1985)
In the Interest of D.G.N. v. S.M.
691 S.W.2d 909 (Supreme Court of Missouri, 1985)
Juvenile Officer v. B.M.
801 S.W.2d 773 (Missouri Court of Appeals, 1991)

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Bluebook (online)
926 S.W.2d 223, 1996 Mo. App. LEXIS 1248, 1996 WL 396696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-pjm-moctapp-1996.