Juvenile Officer v. G.B.

18 S.W.3d 565, 2000 Mo. App. LEXIS 830, 2000 WL 684817
CourtMissouri Court of Appeals
DecidedMay 30, 2000
DocketNo. WD 56723
StatusPublished
Cited by3 cases

This text of 18 S.W.3d 565 (Juvenile Officer v. G.B.) 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 Officer v. G.B., 18 S.W.3d 565, 2000 Mo. App. LEXIS 830, 2000 WL 684817 (Mo. Ct. App. 2000).

Opinion

LAURA DENVIR STITH, Presiding Judge.

G.B., the grandmother of C.D., appeals the juvenile court’s ruling denying her motion to intervene in the juvenile court case in which the custody of C.D. is being determined. Because we agree with Grandmother that under Section 211.177 she has a right to intervene in the custody proceeding where, as here, the trial judge did not find that intervention was against the best interests of the child, and because we reject the judge’s implicit ruling below that Section 211.177 does not provide a basis for intervention if the parental rights of the parents have been terminated, we reverse and remand with directions that the judge below immediately grant Grandmother’s motion to intervene and proceed without delay to determine the custody and visitation issues which Grandmother [566]*566has been seeking to have addressed for the last one and one-half years.

I. FACTUAL AND PROCEDURAL HISTORY

This case has an unusual procedural history. Appellant G.B. is the grandmother of C.D., who was born on April 3, 1992 to M.D. (Mother). Mother left C.D. in the care of G.B. (Grandmother) when he was five weeks old. Grandmother cared for C.D., without appreciable assistance from Mother, until C.D. was about five and one-half years old. In February, 1996, when C.D. was not quite four years old, the Department of Family Services (DFS) took jurisdiction over C.D. and his sibling, S.D., on the basis that Mother had left them without care, custody or support in that she had left C.D. almost continuously with his Grandmother without substantial assistance from Mother, and had left S.D. in the care of others.

The juvenile court took jurisdiction over C.D. and initially placed him in Grandmother’s care and custody from February 1996 until September 1997. At that point, due to deterioration of her own marriage of 25 years, Grandmother sought help from DFS and custody of C.D. was changed to the home of foster parents, the M. family, who were acquaintances of Grandmother. The order specified that Grandmother and C.D. were to continue having contact, and Grandmother continued to visit with C.D. while he lived with the M. family, although she eventually made her visits more infrequent so as to allow for more bonding between C.D. and the M. family.

On December 16, 1997, the Juvenile Officer of Jackson County, Missouri filed a Petition for Termination of Mother’s and Father’s parental rights as to C.D. The Juvenile Officer requested that custody be placed with Grandmother during the proceeding’s pendency, but later that was changed to the M family. Grandmother was not served with a copy of this pleading nor made a party to the case. Grandmother sought to intervene in the termination of parental rights action on October 9, 1998, but her motion was denied. On that same date, the trial court granted the motion to terminate Mother’s and Father’s parental rights. Mother appealed that determination, and Grandmother appealed denial of her motion to intervene. This Court assigned that appeal case number WD 56616.

In the meantime, .on September 4, 1998, the Juvenile Court Commissioner recommended in the separately pending juvenile court custody case - the case that is the subject of this appeal — that contact between Grandmother and C.D. be terminated. On September 10, 1998, the juvenile judge entered an order to that effect. Grandmother was not served with a copy of the order. On November 3, 1998, Grandmother filed a motion to intervene in this custody proceeding, but that motion was denied by the Commissioner in a one-sentence order stating simply “Now on this 5th day of November, 1998, the Motion to Intervene filed the 5th day of November, 1998, is denied.” Once that order was adopted by the juvenile court judge, Grandmother appealed it to this Court. We assigned that appeal case number WD 56723. We then consolidated that appeal with Grandmother’s appeal of the denial of her motion to intervene and the other issues in .the termination of parental rights action, WD 56616.

Judge Ronald R. Holliger entered an order on February 9, 1999, directing Commissioner Payne to hold a hearing on Grandmother’s motion to intervene in the juvenile custody proceeding. In accordance with the understanding of the parties that such a hearing would be held, this Court dismissed Grandmother’s appeal of the juvenile court custody case order denying her visitation with C.D. so that the matter could proceed to hearing per agreement of the parties without waiting for determination of the separate issues raised in the termination of parental rights casé. The appeal by Grandmother and Mother of the order terminating Mother’s parental rights remained pending in this Court, and [567]*567our decision affirming that termination is handed down concurrently with this opinion, In the Interest of C.M.D. and S.D., 18 S.W.3d 556 (Mo.App. W.D.,2000).

Unfortunately, when a hearing was held in the juvenile custody case on remand, the juvenile court commissioner entered an order taking under advisement the issue of Grandmother’s motion to intervene in the juvenile custody case. In so doing, he noted the pendency on appeal of the termination of parental rights case, and so as “to avoid inconsistent orders,” held that “the Motions to Intervene by G.B. and M.B. are hereby taken under advisement pending determination of appeal of Termination of Parental Rights proceeding.”

In other words, although this Court had unconsolidated the two appeals so that there could be a determination of the intervention issue in the custody case while the parental rights issue was pending in this Court, the juvenile court commissioner believed that it would be somehow inconsistent to allow intervention to Grandmother if termination of Mother’s parental rights was upheld in the termination proceeding, and therefore decided that he would delay ruling on intervention pending the outcome of the termination of parental rights. At oral argument on this appeal, the parties indicated that it was also their understanding that the juvenile court commissioner intended by this order that, if the termination were upheld, then he would deny Grandmother the right to intervene in the juvenile custody case, but if the termination were reversed, then he would grant or would consider granting the motion to intervene.

Grandmother filed a Petition for Writ of Mandamus in this Court, asking us to direct the Commissioner to rule on the motion to intervene without delay, inasmuch as the issue of intervention in the juvenile proceeding was separate from and not dependent on the right of Grandmother to intervene in the termination of parental rights case, and inasmuch as termination of parental rights should not be dispositive of her right to intervene on the issue of custody under Section 211.177.1. She argued that section provided her with the right to intervene as of right where, as here, there was no showing that intervention would not be in her grandson’s best interests.

We granted our Preliminary Writ of Mandamus on January 19, 2000, and, following briefing, held oral argument on the request for a permanent writ on March 8, 2000. In light of the arguments made in the briefs and at argument, this Court determined to treat the Petition for Writ of Mandamus filed by Relator Grandmother as a motion to reinstate her appeal in WD 56723 of the juvenile court’s denial of her motion to intervene pursuant to Section 211.177 in the underlying juvenile custody case.

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Bluebook (online)
18 S.W.3d 565, 2000 Mo. App. LEXIS 830, 2000 WL 684817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-gb-moctapp-2000.