K.D.P. v. Juvenile Officer

375 S.W.3d 112, 2012 Mo. App. LEXIS 810, 2012 WL 2094575
CourtMissouri Court of Appeals
DecidedJune 12, 2012
DocketNo. WD 74598
StatusPublished
Cited by11 cases

This text of 375 S.W.3d 112 (K.D.P. v. Juvenile Officer) 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
K.D.P. v. Juvenile Officer, 375 S.W.3d 112, 2012 Mo. App. LEXIS 810, 2012 WL 2094575 (Mo. Ct. App. 2012).

Opinion

JAMES M. SMART, JR., Judge.

K.D.P. (“Mother”) appeals the circuit court’s judgment terminating her parental rights to I.G.P. (“Child”) under section 211.447.5. Mother contends that there was insufficient evidence to support a finding that would justify termination, and contends the evidence did not support a finding that it is in Child’s best interest to terminate Mother’s parental rights. We affirm the judgment of the trial court.

Statement of Facts

I.G.P. (“Child”) was born on June 2, 2005, in Boone County, Missouri, to K.D.P. (“Mother”) and A.M.H. (“Father”). Father’s parental rights to Child were terminated on July 28, 2011. A petition for termination of parental rights of the mother was filed on March 15, 2011, and after a hearing on the matter, taking place over the course of several days, the trial court entered its sixty-three page Final Judgment terminating Mother’s parental rights on November 4, 2011. Mother appeals the court’s judgment terminating her parental rights.

Prior to Child’s birth, Mother received services through the Children’s Division, as Child’s siblings were removed from Mother and placed in Children’s Division’s custody. In February 2003 and January 2004, Child’s siblings were found to be in need of care and treatment due to abuse and neglect and the Children’s Division provided services to Mother to address her history of substance abuse, mental illness, and domestic violence between Mother and Father. Throughout the siblings’ cases, Mother continued to abuse alcohol and marijuana, was discharged from substance abuse treatment because of noncompliance, failed to address her mental health issues, and failed to progress toward reunification. On July 30, 2004, Mother’s parental rights to Child’s siblings were voluntarily terminated.

Due to Mother’s history, a Family Centered Services Case was opened upon Child’s birth, June 2, 2005, to provide Mother with intensive in-home services. On November 30, 2006, a call was made to the Children’s Division hotline regarding Child because of a lack of supervision and unsafe shelter, listing Mother as the perpetrator. The Children’s Division and law enforcement responded to the home and found that Mother had attempted to commit suicide. Mother admitted that while she was caring for Child and three of her friend’s children, she drank alcohol, ingested Tylenol with codeine, and cut her[117]*117self. The children were found covered in Mother’s blood and sitting on the glass that Mother used to cut herself. Child was taken into protective custody on November 30, 2006, by order of the court, based on a finding that there was probable cause to believe that: Child’s siblings had (previously) been abused or neglected by both Mother and Father; the parental rights of Mother and Father to Child’s siblings had been terminated; Mother and Father suffered from mental conditions which rendered them unable to knowingly provide Child with necessary care, custody, and control; Mother and Father suffered from chemical dependency; Mother attempted suicide while caring for Child and was receiving inpatient psychiatric care; and Mother and Father had failed to follow the recommendations of the Children’s Division during the open Family Centered Services case. ■

On January 8, 2007, Child was found to be within the jurisdiction of the court pursuant to section 211.031.1(1), RSMo, and was made a ward of the court in the custody and supervision of the Children’s Division for appropriate placement. Mother was ordered to abide by the Children’s Division’s treatment plan which recommended Mother participate in counseling to address past abuse, self-esteem, and social network issues; become active in the community through volunteer work; complete a drug and alcohol assessment through the McCambridge Center; continue to see Dr. Joseph Parks for psychiatric care; find suitable daycare for Child; and maintain a budget. On January 23, 2007, Child was placed with Mother on a trial home placement. The Children’s Division continued to provide Mother with extensive services to address her substance abuse and mental health issues.

In February of 2007, Mother participated in a substance abuse assessment through the McCambridge Center and it was recommended that Mother participate in outpatient substance abuse treatment. After several positive urinalysis screenings for marijuana, the treatment provider at McCambridge recommended that Mother participate in inpatient services. From February 27, 2007 to March 16, 2007, Mother participated in, and successfully completed, inpatient treatment at McCam-bridge. Upon discharge, it was recommended that Mother continue to participate in outpatient services and follow up with psychiatric treatment with Dr. Parks. After Mother’s discharge from inpatient substance abuse treatment, McCambridge continued to provide outpatient services for Mother. However, due to Mother’s continued drug use and positive urinalysis screenings, it was recommended that Mother participate in an inpatient substance abuse treatment program again before continuing with outpatient services.

On June 21, 2007, Mother began inpatient substance abuse treatment at Hannibal Council on Drugs and Alcohol, and on July 20, 2007, Mother was discharged from the program as provisionally successful. Upon discharge from Hannibal, the treatment provider recommended that Mother participate in outpatient substance abuse treatment and participate in individual therapy.

From January 2007 to July 2007, while Child was on trial home placement with Mother, she relapsed on three different occasions, continued to use marijuana and alcohol, continued to struggle with her mental health issues of depression, anxiety, and post-traumatic stress disorder (“PTSD”), her home continued to be in disarray, and Child was observed to be “unkempt,” with delayed language skills.

In September 2007, because of continued concerns for Mother’s substance abuse and mental health issues, she was referred [118]*118to Daybreak Treatment Center and was ordered by the court to successfully complete treatment through the dual diagnosis program. On October 5, 2007, Mother was assessed at Daybreak and it was recommended that she participate in inpatient residential treatment. Mother refused inpatient treatment, but agreed to participate in outpatient substance abuse treatment. While in outpatient services, Mother continued to deteriorate psyehiat-rically. Her adaptive functioning diminished, and she continued to use substances, resulting in recommendation for residential treatment. Mother finally agreed to inpatient treatment, and continued to participate in outpatient services through Daybreak until funding for inpatient services could be approved. Mother participated in individual therapy with Greg Boyt while at Daybreak.

From January 2007 to November 2007, Mother was sporadic in her attendance and participation with substance abuse treatment and mental health services. During this time, Mother continued to test positive for marijuana and to use alcohol to deal with stress, she expressed feelings of depression and being overwhelmed, indicated she was not able to consistently care for Child and placed Child at Rainbow House. On November 30, 2007, the Children’s Division requested that Child be removed from Mother’s home, and on December 3, 2007, Child was taken into protective custody.

On December 17, 2007, Child was continued as a ward of the court in the custody and supervision of the Children’s Division for appropriate placement.

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Bluebook (online)
375 S.W.3d 112, 2012 Mo. App. LEXIS 810, 2012 WL 2094575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kdp-v-juvenile-officer-moctapp-2012.