In the Interest of: T.J.P., Jr. Juvenile Officer v. T.L. (Mother)

432 S.W.3d 192, 2014 WL 836712
CourtMissouri Court of Appeals
DecidedMarch 4, 2014
DocketWD76551
StatusPublished
Cited by4 cases

This text of 432 S.W.3d 192 (In the Interest of: T.J.P., Jr. Juvenile Officer v. T.L. (Mother)) 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: T.J.P., Jr. Juvenile Officer v. T.L. (Mother), 432 S.W.3d 192, 2014 WL 836712 (Mo. Ct. App. 2014).

Opinion

OPINION

KAREN KING MITCHELL, Judge.

T.L. (Mother) appeals the trial court’s order terminating her parental rights to her minor child (Child). 1 Mother argues that the trial court failed to make certain required findings, that the findings the trial court did make were legally insufficient and not supported by the evidence, and that the evidence does not support a finding that termination was in Child’s best interests. Finding no error, we affirm.

Factual and Procedural Background 2

Child was born to Mother and T.P. (Father) on May 20, 2011. Mother and Father never married and were no longer in a romantic relationship as of the date of the trial. 3 Mother has two other children with her ex-husband, a daughter (Sister) born in March 2005, and a son (Brother) born in November 2007. Sister lives with Mother’s ex-husband in Lee’s Summit, Missouri. Although Mother was awarded joint legal and physical custody of Sister, she testified that she had not seen her daughter since August 2012 due to a lack of transportation. Brother lived with Mother from his birth until March 2009 *195 when he was removed from her care after being diagnosed with failure to thrive. 4 In ordering Brother’s removal from Mother’s care, the court found that Brother “was below the third percentile of recommended growth for a child of his age” and Mother had “refused to follow the physician’s recommendations for an increased feeding schedule.” The court found that Brother required a medication schedule for asthma, Mother failed to administer the asthma medication, and Brother’s eczema had been left untreated causing lesions on his face. Brother was later placed in the care of Mother’s father and stepmother in Illinois. In September 2011, with Mother’s consent, Mother’s father and stepmother were appointed legal guardians of Brother. Mother testified that she has not seen Brother since he was first placed with her father and stepmother in Illinois in the summer of 2010 because she cannot afford to visit and does not have her own transportation.

On May 23, 2011, the Juvenile Officer filed a petition alleging that Child was in need of care and treatment due to Mother’s neglect of Brother and Sister. The petition also alleged that Mother “has been diagnosed with Bipolar Disorder and Antisocial Personality Disorder but fails or refuses to take prescribed medication or comply with regular therapeutic treatment.” Child was taken into custody by the Division of Family Services (Division) and placed in foster care, where he remained as of the date of trial. Initially, the permanency goal for Child was reunification, but, in April 2012, the goal was changed to termination of parental rights and adoption. A Petition for Termination of Parental Rights was filed on August 16, 2012, and a trial was held on March 11-12, 2013. Since at least July 2012, Child has been in a foster home where adoption is possible.

Between July 2011 and June 2012, Mother entered into three service agreements with the Division. The agreements included the following goals: obtain a GED and employment; remain compliant with mental health services; remain medication compliant; improve parent/child interactions; and participate in all court-ordered services. The court ordered Mother to complete a psychological evaluation with a parenting assessment and follow all recommendations; participate in individual therapy; and participate in parenting classes. The court also ordered couples counseling and a parent aide to be provided.

Mother was twenty-eight years old at the time of trial and she had struggled with mental illness since childhood. Mother participated in two psychological evaluations, the first in May 2009, after Brother was removed from her care, and the second in July 2011. In May 2009, Mother reported that she was diagnosed with bipolar disorder and possible schizophrenia at the age of twenty-four. The doctor who performed the 2009 evaluation diagnosed Mother with bipolar disorder, manic, severe with psychotic features; relational problem NOS (not otherwise specified); neglect of child; and antisocial personality disorder.

Dr. Gregory Sisk evaluated Mother in July 2011, after Child was removed from her care. At trial, Dr. Sisk noted that Mother had a history of mental health services dating back to when she was ten years old. Mother told Dr. Sisk about receiving mental health treatment when she was ten, seventeen, nineteen, and twenty-four years old. Dr. Sisk’s written *196 report noted that Mother sought treatment for her mental illness when she was nineteen years old because she ‘“had so much going on [she] was starting to lose slots in [her] memory. [S]he was going to therapy to try to keep [her] sanity and memory.’ ” Dr. Sisk compared Mother’s condition in 2011 to the results of her May 2009 evaluation, and ultimately, diagnosed her with neglect of children by history (based on her past involvement with the Division); bipolar disorder, mixed type (a person with both manic and depressive episodes) with psychotic features; and mixed personality disorder (a person with signs of both antisocial and borderline personality disorders).

Mother’s history also reflects noncompliance with prescribed medication. It appears that Mother was prescribed Seroqu-el at some point in 2008, which she took until April 2009 when she went to jail on child endangerment charges. 5 Later, possibly while she was in jail, Mother was prescribed lithium, which she took until the prescription ran out. Mother testified that she ran out of all prescribed medication shortly before discovering she was pregnant. At that time, she did not refill her prescription nor did she take any medication during her pregnancy. 6

After Child was born, Mother was prescribed several medications to treat her mental illness, including lithium, trazo-done, and Visatril. In July 2011, Mother reported to her therapist that Father was complaining about her mood swings, and the therapist noted that, although Mother “is unaware of these mood swings[, she] thinks she needs to see the doctor more often or check herself into an inpatient setting for a medication evaluation.” In early August 2011, Mother’s medication was adjusted after she reported that she was experiencing insomnia, low energy, anger, mood swings, and paranoia. As of the date of trial, Mother was prescribed the following medications to treat bipolar disorder, depression, and anxiety: lithium, Lamictal, Vistaril, Ability, and Wellbutrin. Chynwe Ahumaraeze, a psychiatric nurse practitioner with Comprehensive Mental Health Services (CMHS), who treated *197 Mother since 2012, testified that Mother had been taking her medication continuously for at least the past year. However, records from CMHS suggest that Mother was not taking all of her medication as prescribed.

In December 2011, Mother told CMHS that she had full bottles of some medications but was running out of Visatril, even though she had always been given a month’s supply of each medication.

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432 S.W.3d 192, 2014 WL 836712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-tjp-jr-juvenile-officer-v-tl-mother-moctapp-2014.