Juvenile Office of Cape Girardeau County v. M.E.J.

666 S.W.2d 957, 1984 Mo. App. LEXIS 3582
CourtMissouri Court of Appeals
DecidedMarch 6, 1984
Docket46233
StatusPublished
Cited by22 cases

This text of 666 S.W.2d 957 (Juvenile Office of Cape Girardeau County v. M.E.J.) 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
Juvenile Office of Cape Girardeau County v. M.E.J., 666 S.W.2d 957, 1984 Mo. App. LEXIS 3582 (Mo. Ct. App. 1984).

Opinion

DOWD, Chief Judge.

M.E.J. appeals from a judgment of the Circuit Court of Cape Girardeau County terminating her parental rights in H.E.J. a minor child. We affirm.

Appellant, the natural mother herein is a 31 year old unmarried woman with three children. The termination of her parental rights to her second son, H.E.J. (born October 28, 1970), is the subject of this appeal. The rights of the natural father, D.J., which were also terminated, are not at issue here.

Appellant contends the trial court erred in four respects. Specifically, she charges there was no clear, cogent, and convincing evidence supporting termination under any grounds in Chapter 211, that the petitioner failed to fulfill the requirements set forth in § 211.447.2(2)(h)b RSMo 1978, 1 that the trial court failed to enter a specific order, and that the court erred in admitting certain evidence.

On August 7,1979, the Juvenile Office of Cape Girardeau County filed a petition requesting the circuit court to assume jurisdiction of H.E.J. The petition alleged that the child was neglected since the appellant, the natural mother, was unable to provide adequate adult supervision of and control over the child. At nine years of age, H.E.J. was referred to the Cape Girardeau Juvenile Office and subsequently to the Department of Family Services (hereinafter DFS) after apprehensions by the police and his unofficial involvement in nine to fourteen burglaries while living with his mother. On August 13, 1979, jurisdiction over the child was assumed by the trial court, and he was placed by DFS in a foster home.

Five hearings for the purpose of reviewing the status of the child were held by the trial court between March 6, 1980, and November 24, 1981. At the conclusion of each hearing, the child was returned to foster care.

*959 On May 10, 1982, the first amended petition for termination of parental rights was filed alleging the existence of conditions set forth in §§ 211.447.2(2)(h)(b) and 211.-447.2(2)(g). On August 4, 1982, the trial court found that termination of parental rights would be in the best interest of the child because the natural mother did not have the ability to provide a proper, safe, and suitable environment for the child and even though given numerous opportunities and assistance by the DFS and juvenile office to rectify these conditions, failed to do so.

At trial, Barbara Port, a DFS worker, testified that the first basis of the petition for the court’s custody was the neglect and lack of adult supervision over the child by the natural mother. Ms. Port also testified that the second basis for filing the original petition concerned the mother’s housekeeping and the home’s physical condition that were neither safe nor healthful for the children. Lack of proper housekeeping and home maintenance were evident in the untidy apartment that for months had unfixed broken windows, large holes in the kitchen floor, and lacked hot running water.

Prior to being placed in foster care, H.E.J. was failing second grade and was considered a disciplinary problem. While living with his foster family, H.E.J. improved his average to C+ with no disciplinary problems with the one exception of a bicycle theft during a weekend visit to his mother’s home.

DFS’s program for the eventual reunification of mother and child also included several community services resources such as home management counselors, project status, parent’s anonymous, and a big brother program. There was some progress made in fixing the home under the home management program. All other programs which required the mother’s participation, however, were unsuccessful. At trial, only H.E.J.’s big brother program remained in effect. In addition to the above services, DFS also arranged weekly visitations between the child and his mother both at DFS’s office and at the mother’s home.

Dr. Marie Lyskowski, a clinical psychiatrist at St. Frances Mental Health Center, who examined the appellant on two occasions at DFS’s request, testified that she loved her children, and her difficulty dealt primarily with son, H.E.J., who had some disciplinary problems both in school and in the community. As a part of appellant’s psychiatric evaluations, James Becker, a clinical psychologist, tested both her intellectual abilities with Wexter Adult Intelligence test (WAI) and her psychological makeup using the Minnesota Multiphasic Personality Inventory (MMPI). The results showed no psychiatric disorder although she was in the borderline retardation category. Becker testified that she tended to avoid stress and had difficulty coping with it which could affect her ability to parent her children.

In her first two points, appellant charges there is no clear, cogent, and convincing evidence to support any grounds both for termination pursuant to § 211.447.2(2)(h)b or that the juvenile office or DFS used reasonable diligent and continuing efforts to rectify conditions as required by § 211.-447.2(2)(h)(b). 2

*960 In order to terminate parental rights, the court must have determined there was clear, cogent, and convincing evidence of one or more of the statutory conditions contained in Chapter 211. Due regard is afforded the trial court for its ability to judge the credibility of the witnesses, and we will affirm the judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or it erroneously declares or applies the law. In the Matter of Baby Girl B., 545 S.W.2d 696, 697 (Mo.App.1976). In the Interest of M.K.P., 616 S.W.2d 72, 80 (Mo.App.1981). It is also well established that the primary concern in these proceedings is the best interest of the child. In the Interest of L.A.H., 622 S.W.2d 319 (Mo. App.1981). With this in mind, we find the aforementioned evidence reveals the appellant’s difficulties in providing either adequate supervision for the child or a proper home. We further find there was clear, cogent, and convincing evidence of the appellant’s inability to rectify these conditions. Accordingly, we believe it was in the best interest of the child to terminate the appellant’s parental rights. Absent any error of law, we find the trial court’s judgment was supported by substantial evidence, and appellant’s first two points are denied.

Appellant next contends the trial court erred in failing to enter a specific order reciting a factual finding as required by § 211.482. She further argues the court’s findings, particularly those detailed in paragraphs 12, 13, and 14 merely state conclusions and are not supported by any factual basis in said order. We disagree.

The order of the court complies with the requirements of § 211.482 in that it contains the requisite jurisdictional facts and does make a factual finding of one or more of the conditions set forth in § 211.-447.

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Bluebook (online)
666 S.W.2d 957, 1984 Mo. App. LEXIS 3582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-office-of-cape-girardeau-county-v-mej-moctapp-1984.