In the Interest of W.A.H.

725 S.W.2d 150, 1987 Mo. App. LEXIS 3719
CourtMissouri Court of Appeals
DecidedMarch 3, 1987
DocketNo. 51252
StatusPublished
Cited by5 cases

This text of 725 S.W.2d 150 (In the Interest of W.A.H.) 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 W.A.H., 725 S.W.2d 150, 1987 Mo. App. LEXIS 3719 (Mo. Ct. App. 1987).

Opinion

SIMON, Judge.

An appeal by G.J.W. from an order, of the Juvenile Court of the County of St. Louis, terminating the parental rights of G.J.W. and W.A.H., Sr. as to their natural son, W.A.H., Jr. W.A.H., Sr. has not appealed.

On appeal, G.J.W. raises two points. First, she contends that the trial court erred in terminating her parental rights based on the finding that she neglected W.A.H., Jr. by failing to reasonably comply with the service plan of June 6, 1983. She argues: (1) that the service plan was invalid because she had not been notified that she had ten days in which to request a hearing on the plan; (2) that the evidence was not clear, cogent, and convincing that her alleged neglect was a sufficient reason [152]*152to terminate her parental rights when her conduct is viewed as a whole; and (3) that her lack of contact with W.A.H., Jr. arose from her mistaken belief that she did not have a social worker or service plan to facilitate contact with her son. In her second point, G.J.W. contends that the trial court erred in terminating her parental rights based on her failure to rectify the conditions that had caused the court to assume jurisdiction in the first instance because the evidence failed to establish what the original conditions were, and consequently, what conditions G.J.W. failed to rectify.

The record discloses that W.A.H., Jr. was bom on May 5, 1976 to G.J.W. who was unmarried at the time, and that W.A.H., Sr. is the named father. G.J.W. has three other children, M.W., L.S., and A.H. On December 18, 1978, when he was approximately two and one half years old, W.A.H., Jr., M.W. and L.S. were removed from G.J. W.’s home and their actual custody was transferred to Missouri Division of Family Services (DFS). W.A.H., Jr. was entrusted to the foster care of Mrs. Anne Tyler and has been continuously in her care.

The Juvenile Court assumed jurisdiction of W.A.H., Jr. on April 5, 1979 pursuant to a petition which alleged that his parents or the persons legally responsible for his care and support neglected or refused to provide proper support and other care necessary for his well-being, and that the child was without proper care and supervision. On April 5, 1979, pursuant to an order of the juvenile court, W.A.H., Jr.’s legal and physical custody were continued in the foster care system of DFS.

A petition seeking the termination of G. J. W.’s parental rights as to W.A.H., Jr. was filed on July 6, 1984 and amended on April 26,1985. The petition, as amended, alleged three grounds for termination of her parental rights: (1) abandonment of the child for a period of six months or longer, without any provision for support and without any communication or visitation; (2) neglect of the child for a period of six months or longer and failure to reasonably comply with the 1983 service plan approved by the court; and (3) failure to rectify the conditions alleged in the April 5, 1979 petition which had originally brought the child within the jurisdiction of the court.

On January 24, 1986, the Juvenile Court terminated the parental rights of G.J.W. and W.A.H., Sr. The trial court found that the father had abandoned W.A.H., Jr. under § 211.447.2(2)(a)b (RSMo Supp.1982) (All further reference shall be to RSMo Supp.1982 unless otherwise noted).

As to G.J.W., the trial court found that G.J.W. had abandoned W.A.H., Jr., neglected him by failing to reasonably comply with the 1983 service plan, and failed to rectify the conditions which formed the basis for the court’s original jurisdiction of W.A.H., Jr. Specifically, the trial court found that G.J.W., without good cause, left W.A.H., Jr. without any communication or visitation from June 1983 until August 24, 1984; that G.J.W. was notified of the June 6, 1983 court approved service plan and was notified that she had ten days within which to request a hearing on said plan; that G.J.W. was fully aware that her parental rights could be terminated in the event that she failed to comply with the service plan; that G.J.W. had, in fact, failed to comply with the provisions of the service plan and, as a result, neglected W.A.H., Jr. by failing to provide him with a continuing relationship; and that G.J.W. had failed on a continuous basis to rectify the conditions alleged in the April 5, 1979 petition which had formed the basis of the court’s original jurisdiction. The trial court further found that the termination of GJ.W.’s parental rights was in the best interest of W.A.H., Jr.

The following evidence was adduced at the termination hearing. Tyree Miller, a DFS social service worker, was assigned W.A.H., Jr.’s case in January, 1979. Miller remained the sole worker assigned to the case until he left the agency in September, 1984. During that time, Miller monitored W.A.H., Jr.’s progress in foster care, maintained contact with G.J.W. and arranged visits for W.A.H., Jr. and G.J.W. Miller was also responsible for helping G.J.W. fulfill her obligations under a court ap[153]*153proved service plan prepared to help her regain custody of W.A.H., Jr.

Miller testified that W.A.H., Jr. had been removed from GJ.W.’s custody on December 18, 1978 because of allegations of lack of supervision and physical and emotional neglect. These were the allegations that formed the basis of the original petition and caused the juvenile court to originally assume jurisdiction. Miller testified that, while he was assigned to the case, G.J.W. failed to rectify the conditions which had originally resulted in the court assuming jurisdiction over W.A.H., Jr. Specifically, Miller stated that G.J.W. had failed to seek treatment for alcoholism which, in his opinion, was at the root of all her problems. Miller stated that G.J.W. refused to admit having a problem with alcohol. GJ.W.’s children had told Miller that when she drank she became abusive and was a different person. On cross-examination Miller stated that he did not know if G.J.W. still had a problem with alcohol after he left the case or at the time of trial.

Miller testified that he prepared a service plan pertaining to W.A.H., Jr. and two other children of G.J.W. He signed the plan on September 23, 1980, and presented it to G.J.W. who signed it in his presence. Miller explained the plan item by item before G.J.W. signed it and told her that the purpose of the plan was to help her regain custody of her children. He told her that if she did not fulfill her obligations, a hearing might be held, her parental rights might be terminated, and she might never be able to regain custody of her children. G.J.W. testified that she recalled Miller reviewing each specific item of the plan with her, explaining it to her and telling her that she would need to comply with the provisions in order to regain custody of her children. G.J.W. testified that she understood everything except why she needed to seek counseling for alcoholism. G.J.W. stated that she was never informed that she might never regain custody of her children if she failed to comply with the plan, even though the plan contained such a warning. The plan also contained the following: “I have read this plan and understand what it means. I understand that I have ten (10) days to ask, in writing, for a hearing if I disagree with this plan.” This was directly above the line upon which G.J.W. signed.

This service plan remained in effect until June of 1983. Under the plan G.J.W. was to: (1) visit W.A.H., Jr.

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Bluebook (online)
725 S.W.2d 150, 1987 Mo. App. LEXIS 3719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-wah-moctapp-1987.