In the Matter of: T.S.D.

CourtMissouri Court of Appeals
DecidedJanuary 28, 2014
DocketED99499
StatusPublished

This text of In the Matter of: T.S.D. (In the Matter of: T.S.D.) 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 Matter of: T.S.D., (Mo. Ct. App. 2014).

Opinion

In the Missouri Court of Appeals Eastern District DIVISION III

) No. ED99499 In the Matter of: T.S.D. ) ) Appeal from the Circuit Court ) of Franklin County ) ) Honorable David B. Tobben ) ) FILED: January 28, 2014

Introduction

Marilyn D. (“Mother”) appeals from the trial court’s judgment finalizing the adoption of

her biological son, T.S.D., by J.D. and M.D. The trial court found that because Mother willfully

abandoned and willfully, substantially, and continuously neglected T.S.D. under Section

453.040(7), Mother’s consent was not required for the adoption. On appeal, Mother claims three

points of error. First, Mother claims that the trial court erred in failing to comply with the

requirements of Sections 453.070, 453.077, and 453.110 in that the pre-adoption assessment and

post-placement assessment reports were not admitted into evidence, and that the pre-adoption

assessment was not ordered by the trial court. In her second and third points on appeal, Mother

argues that the trial court’s finding that she abandoned and neglected T.S.D. was against the

weight of the evidence and not supported by substantial and competent evidence, thereby

requiring her consent to the adoption. Because the trial court’s judgment is not against the

1 weight of the evidence and is supported by substantial and competent evidence, we affirm the

judgment of the trial court.

Factual and Procedural History

Viewed in the light most favorable to the trial court’s judgment, the following evidence

was adduced at trial. T.S.D. was born to Mother in the state of Washington on July 22, 1999. At

the time of T.S.D.’s birth, Mother was married to J.D., although J.D. was not the biological

father of T.S.D. Despite not being T.S.D.’s biological father, J.D. was present at his birth, cut

his umbilical cord, and remained actively involved in T.S.D.’s life. Mother and J.D. separated in

2001, at which point T.S.D. lived with J.D. the majority of the time and went to school in J.D.’s

school district. Mother and J.D.’s divorce was finalized on April 13, 2005.

In January 2005, J.D. moved to Missouri and T.S.D. moved in with Mother. Mother did

not enroll T.S.D. in her school district, so T.S.D. did not attend school. In March 2005, Mother

called J.D. and told him she “couldn’t handle” the kids. J.D. then drove to Idaho to meet Mother

and pick up T.S.D. and his older sister, D.D. 1 Since that time, T.S.D. and D.D. have lived with

J.D. T.S.D. has only seen Mother once since 2005, when J.D. drove T.S.D. and D.D. to

Washington for a month-long visit in 2006. After that visit, Mother would call T.S.D. and D.D.

approximately three or four times a year. During a year-and-a-half to two-year period, Mother

made no phone calls to the children. Prior to the filing of the petition for adoption, Mother sent

T.S.D. and D.D. a total of three packages containing undersized clothing and a few token gifts.

The packages contained far fewer gifts for T.S.D. than for D.D. Additionally, Mother collected

$247 a month in child support from T.S.D.’s biological father, totaling approximately $21,000

over the years. Despite her receipt of child support for T.S.D., Mother sent only one check to

J.D. for T.S.D.’s support. Mother also claimed T.S.D. as a dependent on her income taxes, but

1 J.D. is the biological father of D.D.

2 has never requested that T.S.D. come live with her. In the six months prior to the filing of this

adoption action, Mother had no contact whatsoever with T.S.D.

In 2007, J.D. married his current wife, M.D. On December 16, 2011, J.D. and M.D. filed

a petition for transfer of custody and adoption of T.S.D. 2 The petition alleged that Mother

abandoned and neglected T.S.D. when she gave T.S.D. to J.D. in 2005, has seen T.S.D. only

once since then, and has sent only “token gifts” from time to time. J.D. and M.D. arranged for a

domestic adoption home study which they filed simultaneously with their adoption petition. The

home study was prepared by Karla Jacquin (“Jacquin”), a self-employed, licensed clinical social

worker.

An adoption hearing was held on May 16, 2012. The trial court heard testimony from

D.D., J.D., and M.D., as well as from Mother and Mother’s fiancé. The trial court also heard

testimony from Jacquin, who testified as to the home study that she prepared for J.D. and M.D. 3

Jacquin stated that she met with the family at least twice in their home, toured the home,

collected references, conducted individual interviews with all family members, ordered criminal

background checks, and reviewed the Missouri and national sex offender registries. Jacquin

testified that nothing in the criminal background checks caused her any concern. Jacquin also

testified that she had no concerns regarding the safety and welfare of T.S.D. in the home, the

family’s ability to care for, maintain, and educate T.S.D., and the financial ability of the family

to care for T.S.D. Based on the favorable home study, Jacquin stated that she would approve

J.D. and M.D.’s adoption of the children.

The appointed guardian ad litem (“GAL”) for the children also testified at the adoption

hearing. The GAL testified that she had the opportunity to review the home study completed by

2 T.S.D.’s biological father signed a written consent to the termination of his parental rights and to the adoption of T.S.D. by J.D. and M.D. 3 Counsel for Mother moved to strike the home study, despite the fact that it was not entered into evidence. However, the motion to strike was denied.

3 Jacquin and all discovery, as well as to meet with J.D., M.D., D.D., T.S.D., Mother, Mother’s

sister, Mother’s friend, and the children’s school principals. Based on her investigation, the

GAL recommended that the adoption of T.S.D. be approved. The GAL testified that T.S.D. does

not have a bond with Mother and shared negative memories of his time with Mother. The GAL

stated that T.S.D. was allowed to stay up until 2 a.m. when he stayed with Mother and lived on a

diet of McDonald’s and Ramen noodles. The GAL further testified that T.S.D. did not express

any desire to visit Mother and in fact expressed apprehension and fear at the thought of having to

visit or live with Mother.

The GAL then testified that T.S.D. had a very close bond with J.D. and M.D. and

excelled academically and socially while in their care. The GAL also stated that T.S.D. had a

fear of having to leave his home with J.D. and M.D. Based on her investigation, the GAL

believed that it was in the best interest of T.S.D. for him to be adopted by J.D. and M.D. and

“very strongly” felt that the adoption should be approved.

On June 7, 2012, the trial court entered its findings of fact and conclusions of law and its

order transferring custody for adoption. The trial court found that under Section 453.040(7)

Mother willfully abandoned T.S.D. for more than six months prior to the filing of the petition

and willfully, substantially, and continuously neglected T.S.D. by not providing necessary care

and protection. Therefore, Mother’s consent to the adoption was not required. The trial court

further held that transfer of custody was in the best interest of T.S.D. and ordered that custody of

T.S.D. be transferred to J.D. and M.D. for subsequent adoption.

T.S.D. remained with J.D. and M.D. for the statutorily required six-month placement

period. During that period, Jacquin completed three post-placement assessment reports based on

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

Related

In Re Adoption of W.B.L.
681 S.W.2d 452 (Supreme Court of Missouri, 1984)
Murphy v. Carron
536 S.W.2d 30 (Supreme Court of Missouri, 1976)
In Re Mayernik
292 S.W.2d 562 (Supreme Court of Missouri, 1956)
Drew v. Littler
637 S.W.2d 772 (Missouri Court of Appeals, 1982)
Marriage of Hopkins v. Hopkins
664 S.W.2d 273 (Missouri Court of Appeals, 1984)
R. F. N. v. G. R.
546 S.W.2d 510 (Missouri Court of Appeals, 1976)
S. C. H. v. C. W. H.
587 S.W.2d 945 (Missouri Court of Appeals, 1979)
H.W.S. v. C.T.
827 S.W.2d 237 (Missouri Court of Appeals, 1992)
In re A.L.H.
906 S.W.2d 373 (Missouri Court of Appeals, 1995)
D.L.W. v. R.C.
9 S.W.3d 768 (Missouri Court of Appeals, 2000)
K.R.C. v. M.W.B.
55 S.W.3d 889 (Missouri Court of Appeals, 2001)
D.F. v. C.D.
108 S.W.3d 669 (Missouri Court of Appeals, 2002)
R.M. v. Greene County Juvenile Office
306 S.W.3d 632 (Missouri Court of Appeals, 2010)
S.M. v. E.M.B.R.
332 S.W.3d 793 (Supreme Court of Missouri, 2011)
M.W. v. D.J.
404 S.W.3d 423 (Missouri Court of Appeals, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
In the Matter of: T.S.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-tsd-moctapp-2014.