Juvenile Officer v. O.O.

987 S.W.2d 388, 1999 Mo. App. LEXIS 42
CourtMissouri Court of Appeals
DecidedJanuary 12, 1999
DocketNos. WD 55363, WD 55364
StatusPublished
Cited by3 cases

This text of 987 S.W.2d 388 (Juvenile Officer v. O.O.) 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. O.O., 987 S.W.2d 388, 1999 Mo. App. LEXIS 42 (Mo. Ct. App. 1999).

Opinion

LOWENSTEIN, Judge.

This is an appeal from the termination of the parental rights of O.O. (Mother), from her two children, V.O., a female born on July 21,1986, and J.O., a male born on September 7, 1987. Different men were the fathers, neither of whom appeal termination of their rights. The children had come under the jurisdiction of the court in January 1991, and both had been in foster care since 1994. The petitions for termination were filed in January 1997. Termination was based on § 211.447.2(2), RSMo 1994 (abuse and neglect), and on § 211.447.2(3) (failure to remedy harmful conditions which caused court to exercise jurisdiction).

Evidence favorable to the judgments shows the Mother, now age 47 and unemployed, to have a low I.Q., and responds to pressure with a loss of temper. She may have some brain impairment, and was abused when younger. In years well prior to the petition for termination, both psychologists and therapists recommended short, simple visits by the Mother with the children, preceded by extensive coaching. In January 1996, Dr. Roosa said: “Long contact full of reality appears beyond her capacity.” She had been hotlined several times in 1990 and, as stated above, the children were first taken into protective custody in January 1991. In fact, she was first involved with DFS in 1987 when she was hotlined for hitting V.O. She received case management from 1987 through April 1990, when the hotline calls started again. She has had numerous evaluations since 1991, with many attempts to reunite her with her children. V.O. and J.O. were returned to her in 1992, but, after additional hotline calls, the girl was removed in 1994. Her boy, J.O., after a return, was taken from her custody again in 1994 after she cussed and screamed at him. J.O. suffers from asthma, which is made worse by anxiety. The state has provided Mother with anger counseling and home services over the years. Mother was hospitalized in Western Missouri Mental Health Center for problems in dealing with anger. Mother lives alone, and takes a wide variety of medications. Her visits with the children have been supervised — she admits to past overuse of physical punishment with the two children. There was considerable evidence that during their visits, Mother verbally abused the children, and used inappropriate language, much of her anger directed toward the system and the caseworkers. Much of Mother’s anger is a result of her being raped in 1979. Beginning in 1994, she has worked extensively with M.O.C.S.A. seeking help in dealing with the effects of the rape. Evidence from M.O.C.S.A. employees was favorable to Mother with her dedication, improvement, and interest in her children having been noted in letters and testimony. The respondent Juvenile Officer produced substantial evidence that, despite some progress over time, there was evidence O.O’s mental problems had become worse, and that she was incapable of parenting. Mother failed to complete the two parenting classes she took. The children were fearful of Mother. Both children expressed a desire to be free of the ties with their mother and the upsetting contacts with her, and to get on with their lives.

The judgments declared there was clear, cogent and convincing evidence under § 211.447.2(2) of the children being abused and neglected, and made the required findings under subsections (a) through (d) that: (1) Mother has a permanent mental condition which is not likely to be reversed, and makes her unable to provide the necessary care, custody and control, and despite numerous services the children can not be safely returned to her; (2) there was no evidence of [391]*391chemical addiction; (3) recurrent acts of physical abuse resulted in the children being twice removed from her care, and her loss of control during visits resulted in emotional abuse; and, (4) Mother has failed to provide for the children’s physical, emotional and mental needs.

The judgments held under § 211.447.2(3) that the children had been under the jurisdiction of the court for more than a year and that the harmful conditions continue with little likelihood of being remedied at an early date. It held a further continuation of parental rights would greatly diminish prospects for the children to enter a stable home. “Specifically, the mother has failed to progress in treatment despite the delivery of numerous services and the mother had generally failed to work toward reunification.” As to the required findings in the section the court found: (a) Mother made little or no progress in treatment despite services, and she has failed to even sign some of the proposed plans; (b) the efforts of DFS have failed; (c) her mental condition is permanent; and, (d) no evidence of chemical addiction.

The judgments made the following required findings mandated in § 211.447.3:(1) there were some emotional ties to the Mother; (2) Mother had maintained regular supervised visits which were eventually terminated because of her inappropriate behavior; and (3) Mother provided no financial or other support; no additional services would be beneficial.

The judgments both concluded it would be in the children’s best interests for termination of parental rights.

SCOPE OF REVIEW

The decision terminating parental rights will be affirmed if the record contains substantial evidence and reasonable inferences supporting the decision, it is not against the weight of the evidence; and there has been a proper declaration and application of law. In Interest of W.S.M., 845 S.W.2d 147, 150 (Mo.App.1993). Caution will be exercised in setting aside the judgment based on the judgment being against the weight of the evidence, and an appellate court should only set such a judgment aside if there is a firm belief the judgment is wrong. Id. An order of termination must be supported by clear, cogent and convincing evidence that at least one of the grounds set out in § 211.447, RSMo 1994 exists, and the termination is in the child’s best interests. Id. This court will defer to the trial court on issues of witness credibility and choosing between conflicting evidence, and will review the facts and their reasonable inferences in the light most favorable to the trial court’s order. T.S. v. P.S., 797 S.W.2d 837, 840 (Mo.App.1990).

I.

In her first point, Mother contends the thirty-eight page investigation report, plus an addendum, prepared by DFS worker Wayne Pauley, was improperly used to establish the statutory grounds of § 211.447.2 Section 211.455.3 requires an investigation and social study report be made by the juvenile officer, DFS, or a proper agency, and presented to the court to aid it in determining if the termination is in the best interests of the children. In re S.P.W., 707 S.W.2d 814, 820 (Mo.App.1986). The legislature has required this written report to include such matters as parental background, fitness and capacity of the parents, and the children’s present adjustment and their condition, and any other facts pertinent to the determination. This report is to be made available to the parties at least fifteen days prior to the termination hearing. The extensive report prepared here (containing evaluations of five psychologists, eight therapists, and numerous caseworkers) was introduced in evidence over Mother’s hearsay objection. In this point, Mother contends this report cannot be considered by the trial court until one of the grounds under § 211.447 has first been met.

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39 S.W.3d 517 (Missouri Court of Appeals, 2000)
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In Re ADG
23 S.W.3d 717 (Missouri Court of Appeals, 2000)

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Bluebook (online)
987 S.W.2d 388, 1999 Mo. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-oo-moctapp-1999.