Lawton v. T.A.M.

807 S.W.2d 195, 1991 Mo. App. LEXIS 525, 1991 WL 53928
CourtMissouri Court of Appeals
DecidedApril 16, 1991
DocketNo. WD 42804
StatusPublished
Cited by7 cases

This text of 807 S.W.2d 195 (Lawton v. T.A.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
Lawton v. T.A.M., 807 S.W.2d 195, 1991 Mo. App. LEXIS 525, 1991 WL 53928 (Mo. Ct. App. 1991).

Opinion

GAITAN, Judge.

This is an appeal from the termination of parental rights pursuant to § 211.447.2 RSMo.1986. The appellant alleges there was insufficient evidence to support that termination. We affirm.

This case involves three siblings, D.M. (boy) age 5, D.M. (girl) age 9, and L.M. (girl), age 7. This family has some history with the Division of Family Services beginning in April of 1987. The parents were hotlined for neglect and inappropriate care of their children. Day care, counseling, and food were provided to the family to prevent removal of the juveniles.

In April 1987, appellant left her husband and went to live with her parents. Because her parents were leaving for a vacation, however, she was required to move. She moved into a house with Mike Downey, her manager at Taco Bell, and a man named Bruce.

In August of 1987, another hotline was substantiated involving physical and sexual abuse. The children alleged physical abuse by appellant’s boyfriend, Mike Downey, and the two girls, D.M. and L.M., also alleged sexual abuse by this same man. Bruises were found on L.M. and D.M. (boy) and appellant had no explanation for those bruises. Appellant stated that she was aware that her children and Mike Downey did not get along.

Evidence of sexual abuse, a broken hymen and lesions on the vagina were found on D.M. (girl). L.M. alleged that Mike Downey, appellant, and her grandfather had inappropriately touched her. Appellant had no explanation regarding L.M.’s allegations and stated that D.M. (girl) might have been abused by a twelve-year-old boy in Oklahoma.

As a result of these hotlines, appellant’s denial of the sexual abuse, her lack of explanation for the physical abuse, and her continued residence with an alleged perpetrator, the children were removed. At the time of removal, L.M. had behavior problems and demonstrated inappropriate boundaries with other people. She was also physically aggressive with her siblings. By April of 1988, L.M.’s behavior had deteriorated to the point where she had to be hospitalized. D.M. (girl) stuttered and D.M. (boy) was not yet talking. Day care and counseling were offered to address these needs. The social worker attempted to negotiate two written service agreements with appellant, however, she refused to sign them.

In December 1987, a new social service worker was assigned to the case. She identified the barriers to reunification as appellant’s failure to acknowledge that her daughters had been sexually abused and continued contact with Mike Downey, who had admitted to physically abusing the children and allegedly sexually abused L.M. and D.M. (girl). After hearing of these concerns, appellant’s response was that her children had not been sexually abused.

Although counseling had been offered since removal of the children in October of 1987, appellant did not begin until January of 1988. In May of 1988, appellant discontinued counseling and refused to disclose her whereabouts to the Division of Family Services until November 1988. In June of 1988, L.M. was placed in a residential facility.

On February 24, 1988, appellant signed a written service agreement. The provisions included appellant’s obtaining a psychological evaluation, attending and cooperating with weekly counseling at The Children’s Place, obtaining an appropriate residence, and cooperating with the Division of Family Services’ worker.

Appellant was sporadic in attending her weekly counseling and did not look for her own home. Appellant made no progress in counseling as she was still not acknowledging that her daughters had been sexually abused. In May 1988, appellant discontinued all therapy. Even after the case [197]*197was referred for termination of parental rights, the Division of Family Services continued to offer appellant counseling. On May 31, 1989, appellant signed another written service agreement. The terms of that agreement included attending counseling at The Children’s Place, getting her own home, accepting the possibility that her daughters had been sexually abused and that L.M. and D.M. (boy) had been physically abused, learning appropriate disciplinary methods, and informing her social worker of any changes in her living arrangements.

Although appellant had attended counseling under this second service agreement since May 1989, she was still not able to accept the possibility that her daughters had been sexually abused. She also failed to notify her social worker when she moved from a battered woman’s shelter in June 1989. She had been staying at the shelter after she left Mike Downey. She told the social worker and her therapist that she was afraid Mike would kill her. She continued to express fear of him several months after leaving the shelter. However, in October 1989 she moved back in with this same man. At the time of the hearing she was still residing with him.

The social worker testified that it was her opinion that appellant had made no progress in learning to protect her children. In fact, appellant told the social worker that the Division of Family Services was brainwashing her children. The social worker testified that with more help for L.M. and D.M. (girl) she saw no problems getting the children adopted. The Division of Family Services’ worker recommended that appellant’s parental rights be terminated.

The Division of Family Services’ worker stated that the problem was not that appellant would not admit Mike Downey was the perpetrator, but rather that she was unable to acknowledge sexual abuse and would, therefore, be unlikely to protect her children from further abuse.

Karen Allen, a counselor at The Children’s Place, also testified at the proceeding. Appellant was referred to The Children’s Place in October 1987, but did not begin attending until May 1988. The main issues were acknowledging that sexual abuse had occurred and maintaining appropriate housing. Ms. Allen testified that no progress had been made in those two areas. Ms. Allen attempted to explain that these circumstances might jeopardize any chance appellant had of getting her children back.

Ms. Allen testified that before joint counseling could take place, the parent must acknowledge what the child had told her and not lead the child to think she wasn’t believed. Appellant never reached that point in therapy. In order to address the sexual abuse issue without joint counseling, Ms. Allen and appellant reviewed D.M.’s (girl) therapy notes in which D.M. (girl) repeated that she had been molested by Mike Downey. Appellant was also able to listen to an audiotape in which D.M. (girl) talked about the abuse and stated she wanted her mother to believe her.

Appellant questioned whether it was really D.M. (girl) on the tape or if she had been coached about what to say and if it was Mike Downey or another Mike that D.M. (girl) was referring to. Ms. Allen attempted to counsel appellant about how important it was to the children’s progress for appellant to accept what they were saying.

It was Ms. Allen’s professional opinion that given appellant’s failure to progress in therapy for two years, it was unlikely that her ability to protect her children would improve.

Mike Downey testified that he was currently living with appellant and planned to marry her as soon as she was divorced. He further testified that he had inappropriately disciplined L.M. with a belt, leaving marks. Mike Downey admitted that he had a problem with anger control and had not received any help for this problem.

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Bluebook (online)
807 S.W.2d 195, 1991 Mo. App. LEXIS 525, 1991 WL 53928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawton-v-tam-moctapp-1991.