Juvenile Officer v. Blackwell

806 S.W.2d 162, 1991 Mo. App. LEXIS 490, 1991 WL 46795
Missouri Court of Appeals·Decided April 9, 1991·No. WD 43267·Published·Cited by 1 cases

Opinion

NUGENT, Chief Judge.

Catherine L. Blackwell seeks a reversal of the trial court’s judgment terminating her parental rights under § 211.447. 1 She contends that the juvenile officer failed to establish grounds for termination by clear, convincing, and cogent evidence, as required by § 211.447.2.

We affirm the judgment of the trial court.

In 1985, a court dissolved Ms. Blackwell’s marriage to the father of her two children: B.O., a son, born January 4,1980, and D.O., a daughter, bom October 19, 1981. Soon after that she entered into a relationship with Mike Johnson, who moved *164 in with her and her children in the fall of 1985.

In September, 1985, staff members at the Boone Hospital Center emergency room examined D.O. for injuries incurred when Mike Johnson, in an outburst of anger, grabbed her so forcefully and placed her in a chair that the child suffered a fractured left forearm. Although she saw the incident and had reason to believe that her daughter suffered pain, Ms. Blackwell failed to seek medical attention for the child for six to ten days. She also neglected to provide follow-up medical care for the injury and removed the cast from the little girl’s arm without medical advice.

On October 26, 1985, Mr. Johnson again injured the girl when he grabbed her and pulled her from the back seat to the front seat of the car, causing her to hit her head on the ashtray. Five days later, Ms. Blackwell, who had been drinking, became involved in an automobile accident. Her young son, B.O., in the car at the time, did not have on a seat belt.

On December 22, 1985, a passerby discovered the two children locked alone in the house in the evening, and observed that D.O. had bruises on her face. After learning of this incident, juvenile authorities took the girl to the University of Missouri Medical Center for a physical examination on December 23, 1985. The examination confirmed that D.O. had sustained a black eye and multiple bruises on her face. The child said that Mike Johnson had struck her with his fist. On the same day, the Boone County Juvenile Officer took both children into protective custody.

On October 23, 1987, the children returned to Ms. Blackwell’s home for a trial period. Thereafter, their teachers began to express concerns about their welfare, specifically concern about their absenteeism and about B.O.’s clothes, which did not appear warm enough for the cold winter weather. Similarly, during this period, therapists at the Mid-Missouri Mental Health Center noted incidents of physical neglect involving D.O., including uncombed hair, lack of food, and inappropriate clothing for the winter weather.

Then on December 27, 1987, B.O. started a fire in his toy box. In response, Ms. Blackwell whipped him with a belt, despite the fact that at the time she had entered into a Service Agreement with the Division of Family Services in which she agreed to refrain from corporal punishment. After striking B.O. with the belt, she told him, “You can just go hit the road and live on the street.” At approximately 8:45 p.m., the seven year old boy left the house wearing no coat despite the rain and cold. He ended up down the road, entangled in a barbed wire fence.

On April 8, 1988, the children again entered judicial custody after B.O. told a counselor at his school that the day before Mike Johnson had hit him with a pool cue because he had not come into the house when called. When questioned at the Columbia Police Department, the children said that Mike Johnson had struck both of them with a pool cue. Physical examinations revealed bruises on their legs and buttocks. The police also questioned their mother about the incident, and she stated that she knew that he had struck her children with the cue. The investigating officer believed that she did not seem overly concerned by the incident.

After their removal from their mother’s home, the children lived at Rainbow House in Columbia until April 14, when they entered into foster care. They returned to Rainbow House on April 25, however, because the foster parents had difficulty managing them. Ultimately, both children went to a foster family in Montgomery City, where they still remain.

On April 20, 1988, D.O. told her foster mother that Mike Johnson had sexually abused her. The Division of Family Services learned of that and reported it to the Columbia Police Department. On April 25, police officer Susan Stoltz interviewed D.O. Using anatomically correct dolls, D.O. indicated to Stoltz that Johnson had placed his finger in her vagina and that he had performed cunnilingus upon her. D.O. also indicated that the sexual abuse took place during a period close in time to the pool cue incident.

*165 Following her disclosure of sexual abuse, D.O. began engaging in sexually inappropriate behavior with other children at Rainbow House. Consequently, Mid-Missouri Mental Health Center admitted her on May 31, 1988, and she remained there as an inpatient until she joined her brother with their current foster family on July 14,1988.

Despite Mike Johnson’s repeated acts of abuse upon her children, Ms. Blackwell maintained her live-in relationship with him. He continued to reside in her home after the children’s second removal into protective custody and after D.O.’s allegations of sexual abuse. In August, 1988, they vacated the house. Ms. Blackwell moved in with her mother in Jefferson City, and he stayed with friends in Columbia and then spent time in jail. After his release from jail, he and Ms. Blackwell rented a house in Jefferson City and lived together until the end of April, 1989.

As late as September, 1989, Mr. Johnson drove the mother to her visits with her children. In her testimony at the termination hearing on December 15, 1989, she stated that she continued to date him, although not exclusively. She also stated, however, that she did not foresee any long-term commitment to Johnson and that she did not intend to have him present with the children.

William E. Brown, a family counselor working with both children, testified that D.O. had displayed a tremendous amount of anger, fear and resentment, and that these feelings manifested themselves in a pattern of aggressive, disruptive behavior calculated to keep other people at a distance from her. He believed that probably both children had long-term emotional damage. He did not see their having any trust in their mother because of her continued relationship with a man who had abused them. Mr. Brown doubted that the children would ever believe that their mother could protect them, even if Mike Johnson disappeared from the scene. He saw a crucial need for some stability in both children’s lives and believed that the children have gradually bonded with their current foster family in a way that establishes a foundation for stability.

Ellen Horowitz, a psychologist who worked with the family at the Mid-Missouri Mental Health Center, testified that Ms. Blackwell appeared to minimize the abuse that occurred in her home and would explain away those events. She treated the abuse as “not really a big deal,” an issue best left in the past.

Similar testimony came from Lynn Bradtke, a children’s service worker at the Division of Family Services.

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Juvenile Officer v. Blackwell, 806 S.W.2d 162, 1991 Mo. App. LEXIS 490, 1991 WL 46795 (Mo. Ct. App. 1991).

806 S.W.2d 162 (Juvenile Officer v. Blackwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Juvenile Officer v. Blackwell
806 S.W.2d 162 (Missouri Court of Appeals, 1991)