Juvenile Officer v. L.L.J.

24 S.W.3d 771, 2000 Mo. App. LEXIS 1210
CourtMissouri Court of Appeals
DecidedAugust 8, 2000
DocketNo. WD 57487
StatusPublished
Cited by82 cases

This text of 24 S.W.3d 771 (Juvenile Officer v. L.L.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 Officer v. L.L.J., 24 S.W.3d 771, 2000 Mo. App. LEXIS 1210 (Mo. Ct. App. 2000).

Opinion

EDWIN H. SMITH, Presiding Judge.

L.L.J. and Scott L. Campbell, the guardian ad litem, appeal the judgment of the juvenile court terminating L.L.J.’s parental rights, pursuant to § 211.447.4,1 to [774]*774C.L.J., C.J.,2 and N.M.J.

L.L.J. raises three points on appeal. She claims that the juvenile court erred in terminating her parental rights, pursuant to § 211.447.4, because: (1) in doing so, it admitted and relied upon inadmissible evidence consisting of “the court report prepared by Jana Scott which included hearsay testimony and hearsay documents of James Neuerburg who’s [sic] testimony had been excluded, as well as various other hearsay documents and hearsay testimony”; (2) the termination was not supported by clear, cogent, and convincing evidence; and (3) its required finding that the termination of her parental rights was in the children’s best interests was against the weight of the evidence. The guardian ad litem did not join with L.L.J. in her claim in Point I, expressly claiming to the contrary. However, he did join with her in her claims in Points II and III, while also claiming in Point II that the juvenile court erred because it failed to make the requisite findings pursuant to § 211.447.4(2), (3), and § 211.447.6.

We reverse and remand.

Facts

L.L.J. (mother) is the natural mother of C.L.J., born on March 12, 1989; C.J., born on August 22, 1990; and N.M.J., born on August 5, 1991. On May 22, 1996, Mark Lindsay, the juvenile officer for Platte County, Missouri, filed petitions in the Circuit Court of Platte County for protective custody on behalf of all three children, requesting the court to immediately assume custody because the mother had been “arrested ... for probation violation warrants and there was no suitable person to care for the [children] while she was detained,” “the Missouri Division of Family Services has received reports of unsanitary living conditions regarding the home of [the mother] ... and educational neglect of ... [C.L.J.],” and the children had “no custodian or other suitable person to provide care and supervision necessary for the best interest and welfare of [the children], and [the children are], therefore, homeless, dependent-neglected.” In response to the petition, the juvenile court appointed Scott Campbell as the children’s guardian ad litem (GAL). Following a hearing on May 22,1996, the juvenile court sustained the petitions and placed all three children in the temporary custody of the Missouri Division of Family Services (DFS) “for alternative care placement under the supervision of the Court and [DFS].”

On June 11, 1996, the juvenile officer filed first amended petitions on behalf of all three children alleging, inter alia, that on or about September 24, 1994, the DFS “investigated and later substantiated an abuse and neglect hotline report for lack of supervision, alleging that [L.L.J.], mother of the [children], had left the [children] alone with an eight (8) year old baby sitter.” He also alleged that since November 1995, DFS had attempted to provide services to the mother “due to a substantiated abuse and neglect report however [she] failed to fully cooperate with services.” After a hearing on the petitions on August 28, 1996, the juvenile court entered its “Finding of Jurisdiction and Order of Disposition,” sustaining the petitions on September 4, 1996, finding that the court had jurisdiction over the children and that they were in need of care and treatment under its supervision. The court placed them in the care, custody, and control of the DFS, with actual physical placement to their maternal aunt.

On November 7, 1996, the juvenile officer filed a “Motion to Modify Previous Order of Disposition,” requesting that the children be removed from placement with their aunt and remain in the care, custody, and control of the DFS for appropriate [775]*775alternative care placement. The juvenile court held a detention hearing on November 8, 1996, and on November 12, 1996, entered an “Order of Detention,” pending a hearing on the juvenile officer’s motion, finding that it was contrary to the children’s welfare to remain in their aunt’s home. The court detained the children in the temporary care, custody, and control of the DFS for alternative care placement. On January 8, 1997, a hearing on the motion to modify was held, after which the court found that the children should remain in the care, custody, and control of the DFS for alternative care placement.

In or about May 1997, the mother was released on parole.3 On October 3, 1997, she entered into a written service agreement with the DFS, which was approved by the court on October 20, 1997. In or about August 1997, she was required to take a drug test as part of her service agreement, and the results came back positive for cocaine. On December 30, 1997, her parole was revoked because of her use of cocaine, and she was returned to prison.4

On February 4, 1999, the juvenile officer filed petitions to terminate the mother’s parental rights to all three children.5 At that time, she was still incarcerated. As a result of the petitions, the court ordered an investigation and social study to be done by the DFS in accordance with § 211.455.3. Jana Scott, a DFS social service worker, conducted the investigation and social study, and issued a report with respect to the same. A hearing was held on the petitions on April 16, 1999. At the hearing, the court admitted the report into evidence over the hearsay objection of the mother.

Dr. Kathy Harms, a licensed psychologist, testified at the hearing that she performed a bonding assessment of the three children to determine if they were bonded with their mother and each other. She testified that she interviewed each of the children and asked them to draw pictures of their family. She further testified that as a result of her interviews with the children, she concluded that they had “bonded to the idea of having a mother and of having a family,” but had not “necessarily bonded to this particular person,” explaining that

[tjhese kids desperately need and want a mother, any mother, in their fives. They want a home. They want some permanency in them fives. They want a house to five in, not a group home, not another place where they keep moving from place to place. They want a stable environment and a mom.

Dr. Harms also testified that C.J. was bonded with N.M.J., but that the children were not bonded otherwise with each other.

Ada Silvey, a DFS licensed clinical social worker, counseled all three of the children for three months sometime after they were placed in DFS custody. She testified at the hearing that C.L.J. appeared not to be bonded with his mother or siblings and that he needed permanency in his fife with a family. Silvey also testified that C.J. was connected with her mother and her siblings and that N.M.J. needed permanency in her fife and had a “severe need [776]*776for a family.” She further testified that, in her opinion, it was in the best interests of all three children that the mother’s parental rights be terminated, but agreed that she did not know whether, as of the date of the hearing, the mother was being rehabilitated and capable of making a home for her children.

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

Related

In the INTEREST OF: N.R.P. and J.A.P
492 S.W.3d 634 (Missouri Court of Appeals, 2016)
In the Interest of S.Y.B.G, Minor
443 S.W.3d 56 (Missouri Court of Appeals, 2014)
E.W.G. v. Dent County Juvenile Office
399 S.W.3d 48 (Missouri Court of Appeals, 2013)
Juvenile Officer v. C.E.F.
393 S.W.3d 635 (Missouri Court of Appeals, 2013)
Juvenile Officer of St. Louis County v. M.W.
394 S.W.3d 457 (Missouri Court of Appeals, 2013)
S.L.D. v. Greene County Juvenile Office
386 S.W.3d 152 (Missouri Court of Appeals, 2012)
Missouri Department of Social Services, Children's Division v. C.B.G.
358 S.W.3d 549 (Missouri Court of Appeals, 2012)
J.O. v. Taney County Juvenile Office
315 S.W.3d 406 (Missouri Court of Appeals, 2010)
In Re Jjb
314 S.W.3d 425 (Missouri Court of Appeals, 2010)
In the Interest of N.J.S.
276 S.W.3d 397 (Missouri Court of Appeals, 2009)
Missouri Department of Social Services, Children's Division v. S.V.
272 S.W.3d 305 (Missouri Court of Appeals, 2008)
In the Interest of E.A.C.
253 S.W.3d 594 (Missouri Court of Appeals, 2008)
In Re SMB, Jr.
254 S.W.3d 214 (Missouri Court of Appeals, 2008)
In the Interest of S.M.B.
254 S.W.3d 214 (Missouri Court of Appeals, 2008)
S.F. v. Juvenile Officer
249 S.W.3d 864 (Missouri Court of Appeals, 2008)
In Re KAC
246 S.W.3d 537 (Missouri Court of Appeals, 2008)
In the Interest of K.A.C.
246 S.W.3d 537 (Missouri Court of Appeals, 2008)
In re the Interest of K.M.C.
223 S.W.3d 916 (Missouri Court of Appeals, 2007)
In Re LND
219 S.W.3d 820 (Missouri Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
24 S.W.3d 771, 2000 Mo. App. LEXIS 1210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-llj-moctapp-2000.