Juvenile Officer v. K.B.

883 S.W.2d 123, 1994 Mo. App. LEXIS 1434, 1994 WL 494832
CourtMissouri Court of Appeals
DecidedSeptember 13, 1994
DocketNo. WD 48922
StatusPublished
Cited by6 cases

This text of 883 S.W.2d 123 (Juvenile Officer v. K.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. K.B., 883 S.W.2d 123, 1994 Mo. App. LEXIS 1434, 1994 WL 494832 (Mo. Ct. App. 1994).

Opinion

BERREY, Judge.

K.B. appeals the termination of parental rights to her daughters K.M.B. and N.B. entered by the trial court on December 14, 1993. Appellant appeals from two separate judgments terminating her parental rights as to K.M.B. and N.B. Each judgment was apparently based on § 211.447.2 RSMo (Supp.1993).

The juvenile officer presented several witnesses. Peggy Hastings testified that she had been the original protective services worker assigned to the case. She testified K.B. had faded numerous times to meet goals set for her by the Division of Family Services (DFS). She had specifically failed to complete drug treatment programs, being a cocaine abuser. K.M.B. was bom in the drug exposed environment. The drug use was a major barrier toward reuniting mother and daughters. K.B. also failed to purchase items for the baby, failed to keep counseling [124]*124appointments, failed to keep visitation appointments with K.M.B. and failed to complete specific mandated CPR training. She was in and out of four drug treatment programs, never completing them and usually being dropped from the program for nonattendance. Hastings testified that K.B. told her, “Please, get me into drug treatment because I need help.”

Norma Kay Burton next testified that she was employed by the Division of Family Services as a ease worker and had been assigned to work with K.B. in May, 1992. According to Burton, K.B. completed a fourteen day drug program at Trinity North. She then went into Renaissance West for a sixty to ninety day program. She completed seventy-five days of the program and was released. K.B. showed improvement but according to Burton was still in need of after care and counseling. K.B. was placed in Samuel Roberts South aftercare but would not cooperate and was dropped from the program. K.B. next went to Research Recovery again at Trinity North but stayed only seven days. A bed was found for K.B. at Women’s Place, and she enrolled. A plan was developed for her to be with her children and work with them. However, “... she got in a fight with other clients and only stayed ten days.”

Burton testified that K.B. was involved in seven different plans for help and assistance. Burton also stated that K.B. would appear uneasy when visiting her children. She tried to feed N.B. and N.B. would choke. Appellant would then hand N.B. back to the foster parent. Burton felt there was “never a bonding with [K] ... at all.” Burton also testified she felt N.B. was closer to her great grandmother than to K.B. Family visits were held at the great grandmother’s home while K.B. was at Renaissance West. “The children knew that mom did drugs. They told me personally mom did drugs and sometimes they had to lie for mom doing drugs.” From Renaissance West she went to Samuel Rodgers after care, then to Research Recovery for seven days, then to the Women’s Place for ten days. Burton next took her to Imani House and arranged for her admittance. However, when a bed opened up “she didn’t show up.” This scenario occurred on two occasions.

K.B. did not meet the objectives of the written service agreement. She did not enroll or participate in the parenting classes. She did not attend the G.E.D. classes. She did not complete the Samuel Rodgers treatment plan because “she was released because she didn’t show up and they had to give the spot to someone else.” K.B. also faded to regularly contact Burton. Between May 25 and July 25,1993, DFS and K.B. entered into another written service agreement with only two objectives, 1) be available to visit with her children at her grandmother’s home on Tuesdays and 2) enter a treatment program at Imani House. K.B. did not complete either objective. K.B. offered no financial aid for the children while Burton was the case worker. Because of her inability or refusal to comply with her written agreements and the fact K.B. had not been stable long enough to provide the stability necessary to raise her children, the DFS recommended her parental rights be terminated.

Appellant alleges three points of trial court error, 1) finding appellant was chemically dependent because there was no medical evidence supporting such finding, 2) failure to receive evidence of events which occurred after DFS filed the petition to terminate parental rights, and 3) in terminating parental rights because the court failed to consider and make findings as required by § 211.447.-2(2) RSMo (Supp.1993).

In this court-tried case, we are guided by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) and by In Interest of 826 S.W.2d 890, 897 (Mo.App.1992). The court in M.J.A. recited the requirements as set forth in Murphy n Carrón, that the appellate court would affirm a judgment unless it was against the weight of the evidence, or unless there was no evidence to support it, or it erroneously applied or declared the law. In addition, the facts should be reviewed in a light most favorable to the trial court’s order. In Interest of M.E.W., 729 S.W.2d 194 (Mo. banc 1987).

Appellant alleges DFS should have been required to supply medical expert testimony to support the contention that K.B. has [125]*125a drug problem. It was permissible for the trial court to conclude that K.B. “continues to habitually abuse cocaine” based upon the evidence presented. There can be no doubt from the extensive evidence that appellant had a chemical dependence which prevented her from providing necessary care, custody and control over her children. Further, she has not provided funds for their care and nourishment. She has not completed her G.E.D. She has not complied with visitation schedules. She has failed in efforts to conquer her dependency, having been the recipient of some thirteen different and sundry efforts directed toward drug rehabilitation. One child had witnessed the appellant using drugs, one child was bom exposed to cocaine. Appellant admitted she had a drag problem. There was ample evidence on the whole record that K.B. had/has a serious drug problem. The appellant’s complaint that DFS failed to offer medical evidence on this point is to say the least ludicrous especially in view of appellant’s own testimony that she had a “drug problem.” There is clear, cogent and convincing evidence on the record as a whole that K.B. is a drug abuser.

The trial court’s findings as stated in its order is as follows:

The Court finds by clear, cogent and convincing evidence that the child has been under the jurisdiction of the Juvenile Court for a period exceeding one year and conditions of a potentially harmful nature continue to exist and there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parents in the near future; further, the continuation of the parent-child relationship greatly diminishes the child’s prospects for early integration into a stable and permanent home; specifically the mother continues to habitually abuse cocaine and the evidence showed that she had failed at least 15 different drug treatment programs since the case originated and her continued failure to successfully address her cocaine use places the child at risk of abuse and neglect.

This order finds that appellant failed to rectify the conditions which lead the court to assume jurisdiction under § 211.447.2(3)(d).

“If any one ground for termination is supported by the evidence the termination may stand.” M.E.W., 729 S.W.2d at 197.

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

Related

Abbott v. Whitley
973 S.W.2d 165 (Missouri Court of Appeals, 1998)
Matter of MM
973 S.W.2d 165 (Missouri Court of Appeals, 1998)
State Farm Mutual Automobile Insurance Co. v. DeCaigney
927 S.W.2d 907 (Missouri Court of Appeals, 1996)
Juvenile Officer v. T.S.
925 S.W.2d 486 (Missouri Court of Appeals, 1996)
In Interest of TS
925 S.W.2d 486 (Missouri Court of Appeals, 1996)
Juvenile Officer v. M.F.
915 S.W.2d 399 (Missouri Court of Appeals, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
883 S.W.2d 123, 1994 Mo. App. LEXIS 1434, 1994 WL 494832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-kb-moctapp-1994.