K.L. v. T.L.

561 S.W.3d 12
CourtMissouri Court of Appeals
DecidedOctober 9, 2018
DocketWD 81395 Consol. with: WD 81396
StatusPublished
Cited by2 cases

This text of 561 S.W.3d 12 (K.L. v. T.L.) 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.L. v. T.L., 561 S.W.3d 12 (Mo. Ct. App. 2018).

Opinion

d) Given both parents' inconsistent participation in offered services, lack of consistent visitation with the children, lack of support, financial or otherwise, and failure to address the concerns that brought the children under jurisdiction, there was little likelihood the conditions could be timely remedied to allow safe return of the children to parental care.
e) This was the third time the family had been under the court's jurisdiction and the barriers to reunification in the instant matter were substantially similar to those in the previous abuse and neglect actions regarding the children. Consequently, "the parents have failed to adequately demonstrate their abilities to ameliorate their parenting skills and conduct in order to safely parent the children."
f) The parents have demonstrated a disinterest and lack of commitment to the children by failing to consistently participate in services, adjust their circumstances so that they could safely parent the children, and failing to address their substance abuse issues.
g) The children are in need of and deserve a stable and permanent home.

*25Father's Claims

Father does not dispute that a preponderance of the evidence, viewed in the light most favorable to the judgment, supports the court's conclusion that termination of parental rights is in the children's best interests. Father suggests, however, that the court failed to base its best interest determination on the requisite "totality of the circumstances" standard. He argues that the court failed to include significant evidence in its analysis, such as Father's visitation being hampered by the parent aide and foster mother, Father's visitation being hindered by Father's shoulder surgery, and that there is no adoptive resource for the children. Father argues that the court downplayed certain evidence beneficial to Father, such as the children enjoying visits with Father, ignored other evidence, such as there being a delay in authorization of a parent aide and the parent aide canceling visits, and misinterpreted evidence, such as T.L.-07's fear of Father. Consequently, Father argues that the court erred in finding the children lacked an emotional bond to Father, erred in finding Father failed to consistently visit the children, erred in finding that Father provided minimal support to the children, erred in finding that additional services would not bring about lasting parental adjustment, and erred in finding that Father demonstrated a disinterest or lack of commitment to his children.

Addressing Father's claims as presented would require us to reweigh the trial evidence. As explained above, we cannot. Father appears to suggest that because the trial court did not acknowledge every piece of Father's evidence in the Judgment, the trial court did not consider this evidence. We find nothing in the record suggesting that the court did not consider all of the evidence as well as the totality of the circumstances. We find that a preponderance of the evidence supports the court's conclusions regarding the children's best interests.

Regarding the children's emotional bond to Father, therapist Keith Hayes had been working with all of the children for approximately a year and a half prior to trial. According to Hayes, all of the children reported witnessing physical abuse and drug use when they resided with their parents. The children reported to Hayes that visitation with their parents was sporadic. Hayes testified that the sporadic visitation negatively impacted the children, particularly T.L.-07. Hayes testified that T.L.-07 was diagnosed with post-traumatic stress disorder and this manifested in symptoms of anger and fear. T.L.-07 told Hayes that he was scared of Father. He explained to Hayes that he was scared of his father because he witnessed a physical altercation between his father and his mother, and that he smelled drugs on his father. While T.L.-07 reported a fear of Father, he would "shut down" when Hayes attempted to explore that issue further, indicating to Hayes that T.L.-07 feared to elaborate in the event his statements would get back to Father resulting in repercussions for T.L.-07. Hayes testified that the children were "ambivalent" with regard to returning to their parents. The children reported that they were in an unstable environment when residing with their parents and did not want to return to that type of setting.

Hayes reported that the children expressed a love for their parents and that they wished they could be with them, but knew that was not possible. Hayes testified that the children rarely spoke about Mother, however, as if they did not expect to see her again. Hayes testified that it is common for children in foster care to love their parents but still not want to return to the environment they were previously in *26with their parents. Since working with the children regarding anxiety and stability, Hayes had observed progress in the children. Hayes expressed concern that the children would regress if returned to parental care if the issues that brought the children into care had not been rectified.

With regard to parental visitation, parental commitment to the children, and the anticipated success of further services, the court was not required to credit Father's testimony or weigh it equally with conflicting evidence The termination hearing was September 18, 2017. Although Father testified that he had not visited the children or submitted to drug testing since June 2017 due to shoulder surgery and an inability to leave the home, Father testified he "maybe went to church a couple of times" during that time frame. He testified that he voluntarily suspended visits with his children because he could not lift, hold, or feed his youngest child, a baby, and the Children's Division would not allow him to visit his older children separately. He testified that he had been cleared by his doctor to engage in activities in August, but that it was the fault of the Children's Division that he had no visits after being cleared. Although he claimed to be drug free since a drug test in June 2017 showed the presence of marijuana, he never submitted to testing after that date. When asked the last time he used drugs he responded, "I don't know. It's been a while."

With regard to Father's support of his children, the Children's Division testified that Father brought one sucker to a visit and gave a pair of shoes to one child. The court was not required to believe Father's testimony that he gave K.L.-05 $100, T.L.-08 $100, and K.L.-11 $60-$70 for their birthdays, or that he provided "items" at his visits. Nevertheless, Father testified to receiving $735 per month in disability beginning August 2016, as well as two years back pay in "lump sum" payments and $194 each month in food stamps. Father was residing with his grandmother at the time of trial. When asked what he spent his money on he indicated "storage" for his things, "burial plans," "living expenses," and "yes, I do give my grandmother things." Even crediting all of Father's testimony regarding support of his children, given Father's income and apparent lack of personal expenses, the court's conclusion that Father "has provided minimal support, financial or otherwise, for the children since the children were placed in alternative care in September 2015" is supported by substantial evidence.

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Bluebook (online)
561 S.W.3d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kl-v-tl-moctapp-2018.