Interest of D.D.C. v. B.C.

817 S.W.2d 940, 1991 Mo. App. LEXIS 1672
CourtMissouri Court of Appeals
DecidedNovember 5, 1991
DocketNos. WD 44656, WD 44657
StatusPublished
Cited by18 cases

This text of 817 S.W.2d 940 (Interest of D.D.C. v. B.C.) 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
Interest of D.D.C. v. B.C., 817 S.W.2d 940, 1991 Mo. App. LEXIS 1672 (Mo. Ct. App. 1991).

Opinion

BERREY, Judge.

The mother, B.C., appeals from an order of the trial court terminating her parental rights to her two children, D.C. and E.C. Affirmed.

The appellant raises four points on appeal. First, the trial court erred in determining the children had been abandoned pursuant to § 211.447.2(l)(b), RSMo (1986). Secondly, the trial court erred in determining the appellant failed to provide the children with adequate food, shelter and care pursuant to § 211.447.2(2)(d), RSMo (1986). Third, the trial court erred in determining the problems would continue to exist in the home and there was little chance the children could be returned to the appellant in the near future pursuant to § 211.447.3, RSMo (1986). Finally, the appellant contends it was error to terminate her parental rights because the juvenile court failed to hold a dispositional hearing as required by § 210.720, RSMo (1990).

D.C. was born August 6, 1985, and E.C. was born September 14, 1987. The natural mother is B.C. and the natural father is unknown.

On December 21, 1987, D.C. was placed in protective custody under the supervision of the Division of Family Services (DFS) and was placed in the home of his maternal grandmother. On March 21, 1988, and March 25, 1988, E.C. and D.C. respectively were made wards of the Boone County Juvenile Court and were placed in the temporary custody of their maternal grandmother.

The circumstances prompting intervention by DFS began when B.C. was pregnant with D.C. During the period of her pregnancy, health care workers from the City of Columbia Health Department visit[942]*942ed her approximately fifteen times to offer hfer advice with regard to her health and prenatal care. Following the birth of D.C., B.C. continued to receive visits from a nurse who instructed her on infant care. Despite the instructions and the time committed to helping B.C., when the nurse visited the mother in the maternal grandparents’ home she found it to be dirty and cluttered with trash. Additionally, on one visit she witnessed roaches crawling on D.C. while in bed. The nurse made suggestions on how to improve the sanitary conditions of the home for the baby, but the suggestions were never implemented by B.C. The nurse also testified D.C. appeared unhealthy and did not respond to smiling and eye contact. The nurse attributed these deficiencies to poor nutrition, poor stimulation, lack of interactive type play, and nights spent sleeping in his car seat or a playpen. Furthermore, it was noted that D.C. was not being fed the proper foods. B.C. did not feed D.C. the required amount of formula and was feeding him table foods such as chocolate, ice cream and mashed potatoes instead of baby food.

In October of 1987, D.C. was examined by a doctor who diagnosed him as a “failure to thrive” case. The doctor based this diagnosis on the finding that D.C. was underweight for his age and malnourished. Numerous department visits were made to B.C. to instruct her in order to alter the family dietary pattern. However, the attempts were unsuccessful. D.C. was examined by the doctor again in January, 1988.This follow-up visit showed the developmental pattern appeared the same and was still consistent with an environmental failure to thrive.

The same doctor examined E.C. in January 1988, when E.C. was four months old. The doctor determined E.C. was also suffering from an environmental failure to thrive. Both boys were evaluated by other physicians who reached a consistent diagnosis. The doctors noted, however, after the boys had spent time in foster care there were improvements in all areas.

A series of social workers from DFS were also involved in the case. One caseworker involved expressed specific concerns with the housekeeping standards in the boys’ home. The caseworker additionally expressed concern with B.C.’s habit of going out a great deal and leaving the boys alone. The caseworker testified that while his assistance led to some improvement, the improved situation did not even satisfy minimal standards. Other caseworkers testified similarly.

In July of 1988, B.C. went to Texas and was married. B.C. and her husband returned to Missouri briefly in August of 1988 before moving back to Texas. B.C. did not take the children with her. According to B.C., she wanted to take the children but there was not room'in the car. B.C. made only minimal attempts to contact the children from September of 1988 to July of 1989.Other than this minimal communication, she did not have any contact with the children until July, 1989. In a fifteen-month time span B.C. had only eleven visits with the children and on many occasions was gone for extended periods of time.

A petition for termination of parental rights for each child was filed on July 21, 1989. B.C.’s parental rights were terminated as to D.C. and E.C. on December 13, 1990.

In any termination of parental rights, the primary concern must be the best interests of the child. In Interest of M.E.W., 729 S.W.2d 194 (Mo. banc 1987). The state must prove its case based upon clear, cogent, and convincing evidence. D.G.N. v. S.M., 691 S.W.2d 909, 912 (Mo. banc 1985). The decree will be sustained unless there is no substantial evidence, to support it, it is against the weight of the evidence or it erroneously declares or applies the law. Id. Review is done in the light that is most favorable to the order of the trial court. In Interest of M.L.W., 788 S.W.2d 759, 762 (Mo.App.1990).

Appellant first argues the state failed to prove by clear and convincing evidence that B.C. failed to support and communicate with the children during the statutory perir od pursuant to § 211.447.2(l)(b), RSMo [943]*943(1986). This section provides that a court can terminate on grounds of abandonment when it finds that for six months or longer a parent has without good cause: (1) left the child without any provision for parental support; and, (2) has left the child without making arrangements to visit or communicate with that child, although able to do so.

In this ease, no evidence was introduced by the mother to show she made any type of financial contribution towards the support of either D.C. or E.C. The transcript clearly indicates B.C. primarily relied on her mother to provide for her children. During the time she was in Texas, she failed to send any money for her children’s support. She managed to send a few letters and Christmas gifts, however, this cannot be mistaken for support. B.C. testified she did not work and received SSI. She further testified these funds were utilized to support herself rather than her children. There was no evidence presented by the appellant to indicate she is unable to obtain some type of employment. It is evident from the record B.C. failed to provide support for her children.

The other element which must be discussed under § 211.447.2(l)(b), RSMo (1986), is whether B.C. failed to visit or communicate with her children for a minimum of six months. B.C. moved to Texas and did not see her children from August 1988 to July of 1989. During this period she telephoned DFS on a few occasions to ask questions about the boys and additionally sent a few letters and presents. However, she never visited the boys during this eleven-month period. B.C.

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Bluebook (online)
817 S.W.2d 940, 1991 Mo. App. LEXIS 1672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interest-of-ddc-v-bc-moctapp-1991.