Kierst v. A.O.G.

965 S.W.2d 326, 1998 Mo. App. LEXIS 318
CourtMissouri Court of Appeals
DecidedFebruary 24, 1998
DocketNos. WD 53859-WD 53863
StatusPublished
Cited by7 cases

This text of 965 S.W.2d 326 (Kierst v. A.O.G.) 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
Kierst v. A.O.G., 965 S.W.2d 326, 1998 Mo. App. LEXIS 318 (Mo. Ct. App. 1998).

Opinion

PER CURIAM.

A.O.G. (“Father”) appeals the termination of his parental rights to his five children, T.G., C.G., A.G., K.G., T.G. (hereafter referred to as “Ty.G.” to prevent confusion with the other “T.G.”), by the Jackson County Circuit Court through orders dated December 19, 1996. He claims on appeal that: (1) the trial court erred in granting the two oldest children waivers from testifying at the proceedings and in admitting Division of Family Services (“DFS”) reports containing hearsay testimony; (2) there was insufficient clear, cogent, and convincing evidence that grounds for termination exist; and (3) there was insufficient evidence that termination was in the best interests of the children. We affirm the trial court’s orders of termination.

I. Factual Background

On March 26,1994, A.O.G. (“Father”) shot and killed his wife, the mother of the children (“Mother”), with a single shotgun blast while she was holding Ty.G., then a baby, in her arms and in full view of the other children in the family home. The shotgun blast pelted Ty.G. with shotgun pellets and he fell to the floor with his slain mother. The incident inflicted serious physical injuries on Ty.G. Father then left the children alone with Mother’s corpse and their injured baby brother. Father admitted to officers of the Kansas City, Missouri, Police Department that he had just killed his wife. The State indicted Father for second-degree murder. The children were taken in by Mother’s grandparents, in whose home they have remained continuously since the fall of 1994.

In the subsequent criminal prosecution for the murder of his wife, Father claimed that he was under the influence of PCP at the time he shot his wife. In an order dated April 12, 1995, the court found Father not guilty by reason of insanity and consequently committed Father to the Department of Mental Health, in whose custody he has since remained.

The children were taken under the jurisdiction of the Family Court pursuant to amended petitions filed with the Family Court on June 30, 1994, which alleged that the children were without proper care, custody, and support in that their mother had been murdered and their father had been arrested in connection with the murder, to which he had confessed. The amended petitions also alleged that Ty.G. sustained a gunshot wound to the chest and a buckle fracture to his left thigh, injuries that were consistent with his having been held by his mother at the time she was shot to death. On August 2, 1994, the Family Court entered an order finding jurisdiction pursuant to § 211.081, RSMo 1994.1 In that order, the Family Court adopted the allegations of the amended petitions by stipulation of Father. The Father stipulated that Kansas City police officers would testify that he made statements admitting to the shooting of his wife. The Family Court specifically found such stipulation sufficient to sustain the allegations in the amended petitions.

The Juvenile Officer of Jackson County filed petitions for termination of Father’s parental rights to the children on December 27, 1995. A trial was held on December 11, [330]*3301996. The Juvenile Officer presented two witnesses, Pam Anderson, the children’s Division of Family Services (“DFS”) caseworker, and Carol Kimball, the children’s therapist. At the time of trial, the children’s ages ranged from 8 to 8. .

Pam Anderson testified that she had been the children’s DFS caseworker since November 3, 1994. Ms. Anderson conceded that she had not had direct contact with Father since she visited him in the Jackson County jail on April 13, 1995, in order to get his signature on a Written Service Agreement. Ms. Anderson testified that, although Father had complied with all of the practical terms of the service agreement, the DFS nevertheless decided to recommend termination rather than family reunification because of the severity of the act of emotional abuse inflicted upon the children by Father’s slaying of the children’s mother. A referral was sent to the Legal Unit of the Family Court on September 13,1995.

Carol Kimball, a private therapist, testified that she had been the children’s therapist since February of 1995, and that all of the children had suffered physically and emotionally. According to Kimball, all of the children except Ty.G., the youngest, were suffering depression as a result of their mother’s death. All of the children but the youngest exhibited symptoms of Post Traumatic Stress Disorder. Those symptoms were manifested in T.G. through his play, developmental delays, bed wetting, severe withdrawal, and deep depression. K.G.’s symptoms consisted of bed wetting, severe withdrawal, and spontaneously making statements such as, “Did you know my daddy killed my mommy?” Those symptoms were exhibited in C.G. by physical and psychological distancing at home and school, bed wetting, and severe withdrawal. A.G.’s traumatic stress manifested itself in acts of physical aggression against both people and property, bed wetting, and severe withdrawal. Ty.G., the youngest, was said by Kimball to be the best adjusted of the children because he was too young at the time of the shooting to recollect the event. Kimball testified that Ty.G. had no concept of a mother or father, and predicted that Ty.G. would realize as he grew up that he had no mother, “and then there will be some issues there.”

Under the Written Service Agreement Father signed in April 1995, Father was to have no verbal or physical contact with the children until therapeutically recommended otherwise. Although Father had unauthorized telephone contact on at least one occasion with the children while they were visiting his relatives, no contact was recommended until later that fall, and in February of 1996, Carol Kimball read a letter from Father to the children after having determined that the contents were appropriate. Kimball testified that the younger children showed no interest in the letter and that the eldest, A.G., seemed upset by the letter. Subsequent letters were not read to the children based on Kimball’s determination that the subject matter was inappropriate. Specifically, those letters mentioned the possibility of reunification, which Kimball believed would be disruptive given the DFS decision to pursue the termination of Father’s rights.

Kimball testified that A.G., the oldest child, was the child with the strongest emotional bond with his Father. The other children, Kimball observed, spoke very little about their Father, and the youngest children, T.G. and Ty.G., were said to have no conception of what a parent is. As a result of their traumatic experience, Kimball observed, all of the children have had to overcome fear of death and the older children have had to overcome fear of adult authority figures, including their father. For a time, A.G. was frightened that a maternal uncle was going to abuse him, and C.G. had dreams about Father coming back and killing her.

Kimball testified that the children were improving, but that the degree of emotional abuse was still unknown at that time. Kim-ball told the court that the children will continue to suffer and will have great difficulty coping with their father’s killing of then-mother for the rest of their lives. Kimball recommended that the children be in a stable and secure home that reinforces their sense of safety and security. Specifically, Kimball recommended that the children remain permanently with their Mother’s grandparents, [331]

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Bluebook (online)
965 S.W.2d 326, 1998 Mo. App. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kierst-v-aog-moctapp-1998.