In the Interest of VR

725 So. 2d 241, 1998 WL 879224
CourtMississippi Supreme Court
DecidedDecember 17, 1998
Docket97-CA-00915-SCT
StatusPublished
Cited by34 cases

This text of 725 So. 2d 241 (In the Interest of VR) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court 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 VR, 725 So. 2d 241, 1998 WL 879224 (Mich. 1998).

Opinion

725 So.2d 241 (1998)

In the Interest of V.R.
G.R and B.J.R.
v.
Department of Human Services for the State of Mississippi.

No. 97-CA-00915-SCT

Supreme Court of Mississippi.

December 17, 1998.

*242 Leslie Gates, Meridian, Attorney for Appellants.

Office of the Attorney General by Pat Flynn, Attorney for Appellee.

BEFORE SULLIVAN, P.J., MILLS AND WALLER, JJ.

MILLS, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. G.R., the father and B.J.R., the mother of V.R., their minor daughter appeal a Lauderdale County Youth Court order initiating termination of parental rights proceedings. They assert the following issues:

I. WHETHER IT IS A VIOLATION OF CONSTITUTIONAL SEPARATION OF POWERS AND DUE PROCESS FOR THE JUDICIAL BRANCH TO DIRECT THE DHS TO INITIATE TPR PROCEEDINGS WITHOUT PRIOR APPLICATION FOR SUCH BY THE DHS AND WITHOUT PRIOR NOTICE TO THE PARENTS.
II. WHETHER PROBABLE CAUSE EXISTED TO BELIEVE THERE WERE GROUNDS FOR TERMINATION.

STATEMENT OF THE FACTS

¶ 2. On February 18, 1994, V.R. the minor child was removed by the Lauderdale County Department of Human Services (DHS) from the home of her parents, G.R. and B.J.R. The DHS affidavit for custody alleged that V.R. was not receiving "proper care, supervision, attention, shelter, clothing, nourishment, medical attention and a stable environment." On March 8, 1994, a summons was issued ordering the parents to appear at a neglect/abuse hearing on March 10, 1994. A guardian ad litem was appointed for V.R. After the hearing, a consent judgment was entered which continued DHS' custody and granted G.R. and B.J.R. visitation rights. The parents agreed to submit to the jurisdiction of the court without an adjudication of neglect or abuse and to cooperate in any treatment programs or counseling in the best interest of the child and the parents.[1]

¶ 3. At an August 16, 1994 review hearing the youth court noted that neither parent had entered into a service agreement with *243 the DHS, the parents continued to exhibit an unstable home environment and the parents had failed to attend any parenting classes or family counseling. The parents were ordered to enter into a service agreement with the DHS within thirty days or their visitation privileges would cease.

¶ 4. On October 6, 1994, an order was issued granting continued custody to DHS and limiting parental visitation to the discretion of DHS. An additional order continuing DHS' custody was entered on March 9, 1995.

¶ 5. V.R. was returned to her parents on June 8, 1995. On August 4, 1995, two months later, DHS filed another affidavit for custody, alleging V.R.'s parents provided improper care and an unstable environment. Again, custody was granted to DHS and a guardian ad litem was appointed. A neglect and abuse hearing was set for August 31, 1995.

¶ 6. At the August hearing, the youth court judge found V.R. was a victim of neglect. The court placed V.R. in the custody of DHS, set up supervised visitation with DHS, and ordered the parents to obtain psychological evaluations for the court to review. The review hearing was set for October 31, 1995 but was thereafter continued until November 9, 1995. V.R.'s parents did not attend the hearing. In its order following the review hearing, the court found: 1) the parents had not complied with prior orders of the court or the service agreement, 2) the parents had indicated a desire to relinquish parental rights which they withdrew before each review, 3) the parents appeared to be unable to provide permanency and stability which V.R. needed, 4) the parents failed on two occasions to appear for court-ordered psychological evaluations and 5) a termination of parental rights (TPR) should be pursued in the best interest of the child. The court discontinued the visitation rights of the parents at that time.

¶ 7. On December 14, 1995, the parents filed a motion to re-schedule their psychological evaluation and suspend the initiation of TPR proceedings. In their motion, the parents stated they did not attend the November 9 hearing because they were not aware that the court would be considering the initiation of TPR proceedings. The parents were directed by the court to make appointments with Dr. Jan Boggs, Ph.D. for additional psychological examinations, and DHS was ordered to hold in abeyance the directive to institute TPR proceedings. On January 31, 1996 the judge amended the order upon the parents' request and the court directed the parents to have additional evaluations performed by Weems Community Health Center. A hearing was set for April 25, 1996 to review the results of the evaluations.

¶ 8. On April 4, 1996, the parents filed an objection to the appointment with Dr. Boggs due to Dr. Boggs' previous examination of the father, G.R. The youth court judge granted the parents' request and allowed them to choose their own physician for evaluation. The court included a specific list of questions to be addressed during the evaluation and allowed thirty days for this to be accomplished. A review hearing was set for May 23, 1996.

¶ 9. On June 10, 1996, the parents filed a petition for review and reconsideration, stating that they had complied with the court's requests by submitting themselves to the evaluations and asked that the court consider all pertinent and competent testimony in the review. The parents further requested visitation rights but not the return of custody of V.R.

¶ 10. A hearing for reconsideration was held on July 2, 1996. The parents presented the testimony of Dr. Betsy Heindl Storms, director of Child and Youth Services at Weems Mental Health Center, and Rachelle Crenshaw, a case manager at Weems. The parents also testified and the psychological evaluations of Dr. Geary Alford, the physician chosen by the parents, were admitted as evidence.

¶ 11. Dr. Alford examined both parents along with their youngest child, who was still in their custody. In his evaluation of the mother, B.J.R., he concluded,

As part of this evaluation, I reviewed records from the Lauderdale County Department of Human Services and records from Dr. Jan Boggs. The results of this review are quite troubling as data indicate a rather *244 long-standing pattern of conflict, sometimes violent, between [B.J.R.] and [G.R.] and also reflect a pattern of neglectful parenting and generally dysfunctional family life. Thus, while [B.J.R.] may have the `capacity' to provide at least adequate parenting, the family history indicates periods of inadequate actual behavioral performance.
Given the inherent problems with these parents taken together with their actual behavioral histories, and, in particular, considering the intellectual, emotional, behavioral, social, and financial demands that will naturally continually increase as small children grow and develop, I am very reluctant to recommend custody of the children be maintained by either of these parents.
If custody is granted and/or retained by [B.J.R.] or [G.R.] of one or both of their natural daughters, it would be strongly recommended that social service agencies (such as Child Welfare Department, perhaps Mississippi Families as Allies for Children's Mental Health, etc.) provide a case worker to follow and assist this family functioning, thereby providing both assistance to this family and providing for an early alert and intervention should significant problems develop.

On the father's parenting ability, he concluded,

Diagnoses:
1.

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Bluebook (online)
725 So. 2d 241, 1998 WL 879224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-vr-miss-1998.