Juvenile Officer v. L.B.

788 S.W.2d 759, 1990 Mo. App. LEXIS 665, 1990 WL 54279
CourtMissouri Court of Appeals
DecidedMay 1, 1990
DocketWD 42338
StatusPublished
Cited by24 cases

This text of 788 S.W.2d 759 (Juvenile Officer v. L.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. L.B., 788 S.W.2d 759, 1990 Mo. App. LEXIS 665, 1990 WL 54279 (Mo. Ct. App. 1990).

Opinion

BERREY, Judge.

Appellant, L.B., the natural mother of M.L.W., appeals from an order terminating her parental rights to M.L.W. 1 The termination petition was brought pursuant to § 211.447.2(3), RSMo 1986. Appellant presents two points on appeal: (1) that the trial court erred in ordering the termination of parental rights because there was no clear, cogent and convincing evidence to find that L.B. could not provide the proper care and support for the child and that there was little likelihood that the conditions leading to the assumption of jurisdiction could be remedied; and (2) that the trial court erred in ordering termination as there was no clear, cogent and convincing evidence to support the finding that the Linn County Division of Family Services had used reasonable, diligent and continuing efforts to aid L.B. in rectifying the conditions which caused M.L.W. to come under the jurisdiction of the court. Affirmed.

M.L.W. is a female child born on July 22, 1985. She has been under the jurisdiction of the Linn County Division of Family Services (DFS) since September 19, 1986. On September 12,1986, Tammy Eastin contacted the office of the DFS. Eastin, the girlfriend of appellant’s oldest son, was caring for appellant’s two children R.H. 2 and M.L.W. Eastin was concerned because she had no money and the gas and electricity were about to be shut off. The children had been left with her while L.B. attended a truck driving school near Kansas City, Missouri. Appellant requested that the children be placed with the DFS. Initial placement of M.L.W. was with Mrs. Juanita Caruthers, but she was later placed with Doug and Vicki Reeter. She was still residing with them at the time of the hearing.

L.B. found employment as a truck driver but that employment was terminated when L.B. was arrested in November, 1986, on a bad check charge. She pled guilty to a felony charge of passing bad checks on February 9, 1987. On March 2, 1987, she pled guilty to a charge of second degree arson. She was subsequently incarcerated in the Chariton County jail in Keytesville and then transferred to the Adair County jail and later to the State Correctional Facility in Chillicothe, Missouri. From this facility L.B. was eventually transferred to the St. Mary’s Honor Center in St. Louis, Missouri, where she stayed until her parole on August 26, 1987.

L.B. was in contact with the DFS while she was living at the Honor Center. A court approved plan was executed by L.B. to be in effect from June 27, 1987, through December 22, 1987. In this plan she agreed to obtain employment, establish a home for herself and M.L.W., visit M.L.W. once a month, and pay support when she was able. She did not comply with the requirements of the plan. While at the Honor Center, appellant worked at a sample garment company earning approximately $120 per week, although the Honor Center took approximately half of her earnings. During this time she paid no support to anyone for the care of M.L.W. After her release, L.B. worked for the sample garment company until September when she changed jobs, moving to Franklin County to work at Tri-County Truck Stop *761 where she made $2.25 per hour and $50-$100 per day in tips. Her case was transferred to Franklin County where Mark Taylor, a DFS worker, was assigned to her case. Supervised visits were set up between L.B. and M.L.W. on January 7, January 8, February 25, April 7, and April 18, 1988. Through the DFS she received counseling and a psychiatric evaluation.

On February 25, 1988, a meeting was held with L.B. concerning permanency planning. At that meeting L.B. said that she was living in Villa Ridge, Missouri, and was in the process of changing jobs. She indicated that she planned to stay in Franklin County. However, in April 1988, L.B. moved once again, this time to Shelby County to do work as an informant with the Missouri Highway Patrol, a job which only paid expenses. She also got a job at a nursing home there at not much more than minimum wage. At a review hearing, held June 7, 1988, L.B. was asked about the support that she had paid. Although she professed willingness to support M.L.W. and her son, L.B. had spent a total of twenty dollars for their support from September of 1986 up to the time of this hearing. Another court approved plan was entered into by L.B. and the D.F.S. on June 13, 1988. In this agreement L.B. agreed to maintain stable employment, establish a stable permanent home, visit M.L.W. once a week, pay support averaging $25 per week and participate in counseling.

Everything went well for approximately a month and a half. L.B. participated in counseling sessions, visited regularly with M.L.W. and paid $105 in support. L.B.’s past caught up with her, however. She testified at a preliminary hearing against an accomplice in a case involving burglary and murder. Her testimony was detailed in a newspaper article dated August 24, 1988. She was identified by name in the article, and as a result L.B. absconded without notifying the DFS where she could be reached.

L.B.’s parole was revoked due to her leaving Shelby County. She was eventually incarcerated at the Fulton Reception and Diagnostic Center where she remained until February 18, 1989. After her release L.B. moved to Moberly in Randolph County, Missouri, where she resided at a rooming house.

During the period that L.B. was incommunicado, L.B. remarried but separated from her husband after one day of marriage. She has been married seven times. Two of her children were fathered by men other than her husbands.

A petition to terminate L.B.’s parental rights to M.L.W. was filed December 18, 1988. A hearing on the petition was held on March 8, 1989, a few weeks after L.B.’s release from Fulton. The trial court ordered that L.B.’s parental rights be terminated. From this order, L.B. appeals.

Appellant first contends that the trial court erred in ordering termination of L.B.’s parental rights as there was no clear, cogent and convincing evidence to support the finding that L.B. could not provide the proper care, support and supervision for M.L.W. Appellant claims that the trial court erred in concluding that the conditions leading to the assumption of jurisdiction still exist and that there was little likelihood that the conditions which led to the assumption of jurisdiction could be rectified in the foreseeable future.

The termination proceeding in the instant case was brought pursuant to § 211.447.2(3), RSMo 1986, which provides:

2. The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer, if it finds that the termination is in the best interests of the child and when it appears by clear, cogent and convincing evidence that one or more of the following grounds for termination exist:
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(3) The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be re *762

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Bluebook (online)
788 S.W.2d 759, 1990 Mo. App. LEXIS 665, 1990 WL 54279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-lb-moctapp-1990.