Juvenile Officer v. R.C.M.

872 S.W.2d 573, 1994 Mo. App. LEXIS 256, 1994 WL 41815
CourtMissouri Court of Appeals
DecidedFebruary 15, 1994
DocketWD 47728
StatusPublished
Cited by2 cases

This text of 872 S.W.2d 573 (Juvenile Officer v. R.C.M.) 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. R.C.M., 872 S.W.2d 573, 1994 Mo. App. LEXIS 256, 1994 WL 41815 (Mo. Ct. App. 1994).

Opinion

SMART, Judge.

Appellant R.M. is the mother of five children who are the subject of this proceeding. In early October, 1991, R.M. traveled from San Bernardino, California, to Johnson County, Missouri with her boyfriend and her five children. The children ranged in age at that time from ten months to six years. Several days after arrival in the State of Missouri, the Division of Family Services took the children into emergency protective custody. The juvenile division ordered the children into the custody of the Division of Family Services on the basis of the threat of immediate harm to the children from abuse and neglect.

Appellant R.M. initially told social workers she planned to stay at her mother’s residence in Johnson County, Missouri, and eventually establish her own residence in Johnson County. A short time later, she left her mother’s home and went to a shelter. R.M. was then arrested in Johnson County on old charges of insufficient funds checks. R.M. was not permitted by the operator of the shelter to return to the shelter. She did not request assistance from the case workers assigned to this matter, and instead canceled an appointment scheduled for October 28, 1991. On November 8, R.M. called from California, indicating that she had returned to California. She stated she planned to request that the children be placed in California if not returned to her.

For a month or so R.M. called once a week to inquire about the children. Although R.M. had neither a job nor a home in California, she did not return to Missouri.

Petitions were filed by the juvenile officer November 8, 1991, one month after the children were taken into protective custody. On November 18, 1991, R.M.’s attorney filed a motion to dismiss on the ground that the court in Missouri did not have subject matter jurisdiction because, under the Uniform Child Custody Jurisdiction Act, California is the state having jurisdiction. The motion stated:

The natural mother and juveniles are residents of the State of California. It is the undersigned attorney’s understanding that the State of California juvenile authorities will be taking custody of these children through the juvenile court of the State of California. For this latter reason, this court lacks subject matter jurisdiction by virtue of the Uniform Child Custody Jurisdiction Act, Section 452.440, et seq., RSMo 1986. Missouri is simply not the state of these children’s closest connection and jurisdiction should be declined in favor of California.

On January 14, 1992, the juvenile division conducted a hearing concerning the disposi[575]*575tion of the children. Appellant R.M. appeared in person and by her attorney. We have not been furnished a transcript of that proceeding. However, the order shows that the court proceeded to address the issues of the petition. The court found an ongoing threat of further physical and emotional abuse due to the mother’s drug usage, lack of dental care, physically abusive discipline, and physical unsuitability of her home. The court found it was in the best interests of the children for the court to take jurisdiction, for custody to be placed with the Division of Family Services for actual placement in foster care. The court ordered the mother to comply with the terms of a proposed written service agreement. The court did not directly address the issue of jurisdiction raised by R.M.’s motion filed in November. Since we have no transcript, we do not know what evidence was presented with regal’d to jurisdictional issues. Also, the record does not indicate whether R.M. contested the issues of abuse and neglect. No appeal was taken from that adjudication. Ten months later, in October, 1992 (one year after the children were first taken into protective custody), R.M. filed a “Motion for Custody and/or Supervised Visitation.” The next day that motion was withdrawn. Several days later, R.M. filed another motion challenging the jurisdiction of Missouri courts over the custody of the children.

On April 14, 1993, the motion as to jurisdiction was called up for hearing. The facts were submitted by way of stipulation, and the parties argued their legal positions. Included in the stipulation were the following:

1. That DFS caseworker, Renee Anderson, if called to testify, would testify that R.M. admitted to her that she had come from California to Missouri with the intention of leaving S.L. (the six year old girl) in Missouri, with either of two named relatives.
2. The children were without proper care and treatment within Johnson County, Missouri, on October 8, 1991, which in-dueed the Juvenile Officer to assume protective custody of the children.
3. The court’s order of January 14, 1992, taking jurisdiction over the children was not appealed.
4. That from October 8, 1991 to April 14, 1991, D.C. (the three year old boy) has made disclosures that have implicated R.M.’s boyfriend in D.C.’s sexual abuse within the State of California.
5. That R.M. has maintained a residence in California for herself and her children from before October 6, 1991, through April 14, 1993. R.M. maintained a residence in Missouri from November 14, 1987 through March 16, 1988, and from August 21, 1989 through November 22, 1989.
6. A psychologist who has been treating S.L., A.C. and D.C. would testify that removal from foster care in Missouri would be emotionally traumatic, would make reunion with their natural mother .less likely to be successful, and might permanently preclude their emotional attachment. The psychologist would further testify that removal of D.C. from foster care would create a substantial risk of irreparable damage to his psy-chosexual development.

The trial court denied the motion for dismissal or transfer to California. It ordered the Department of Family Services to cause a home study to be conducted as to the home of R.M. in California and to report back to the court. It is from the denial of R.M.’s motion challenging jurisdiction that she appeals.

R.M. argues on appeal that the UCCJA (Uniform Child Custody Jurisdiction Act) applies and that the initial exercise of jurisdiction, while perhaps justifiable under the “emergency” provisions of the UCCJA,1 nevertheless expired when the emergency disappeared, and that the court lost jurisdiction to make an indefinite placement. R.M. is, in effect, re-arguing her motion of November 18, 1991.

[576]*576While no reported Missouri case has held that the UCCJA applies to juvenile proceedings of abuse and neglect, we will assume for purposes of this appeal that the act does apply since the parties are persuaded that it applies. In other states, the courts appear to have uniformly applied the UCCJA to juvenile neglect proceedings. See, e.g., Renno v. Evans, 580 So.2d 945 (La.App.1991); N.J. Div'n of Youth & Family Services v. E.E., 233 N.J.Super. 401, 558 A.2d 1377 (1989).

The issue of jurisdiction, as that jurisdiction may be affected by the UCCJA, was raised prior to the dispositional hearing, and necessarily adjudicated in the dispositional hearing. See In re Joseph D.,

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

Related

Wells v. Wells
2005 SD 67 (South Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
872 S.W.2d 573, 1994 Mo. App. LEXIS 256, 1994 WL 41815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-v-rcm-moctapp-1994.