M.B.M. v. E.C.

951 S.W.2d 702, 1997 Mo. App. LEXIS 1504
CourtMissouri Court of Appeals
DecidedAugust 26, 1997
DocketNo. 71466
StatusPublished
Cited by4 cases

This text of 951 S.W.2d 702 (M.B.M. v. E.C.) 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
M.B.M. v. E.C., 951 S.W.2d 702, 1997 Mo. App. LEXIS 1504 (Mo. Ct. App. 1997).

Opinion

GARY M. GAERTNER, Judge.

Appellant, M.B.M. (“mother”), appeals the judgment of the Circuit Court of the City of St. Louis terminating her parental rights with respect to her son, F.N.M. (“son”). We affirm.

The trial court’s judgment terminating a parent’s rights in a child will be sustained unless there is no substantial evidence to support the judgment, it is against the weight of the evidence, or it erroneously applies or declares the law. In Interest of K.O., 933 S.W.2d 930, 934 (Mo.App. E.D.1996). The facts, and the reasonable inferences therefrom, are viewed in the light most favorable to the judgment, and great deference is given the trial court with respect to findings of fact and credibility of witnesses. Id.

The facts of this case are as follows. Son was bom out of wedlock on January 20,1992, to mother and the biological father, N.T.1 Son was premature (twenty-eight weeks gestation) and, due to prenatal exposure to alcohol, marijuana, cocaine, and heroin, suffered from a plethora of medical diseases and disabilities: mild hyaline membrane disease, anemia, hyperbilirubinemia, apnea, bradycar-dia, broncho-pulmonary dysplasia, klebsiella pneumonia, severe T-eell immuno-defieiency, pulmonary edema, endocarditis, metabolic acidosis, retinopathy of prematurity, spinal cyst, and gastro-esophageal reflex. Son was hospitalized in neonatal intensive care for the first fifteen months of his life, and underwent [704]*704a tracheostomy and a gastronomy on June 1, 1992.

An order temporarily transferring custody of son to the Division of Family Services (“DFS”) was entered June 11,1992. Mother was arrested for money laundering shortly afterward, and has been incarcerated on a continuous basis since July 1992. Mother would eventually be sentenced to a total of ten years in federal prison on the money laundering charges, with a minimum release date in 2001.

On December 11, 1992, the trial court entered an Order of Disposition transferring legal custody of son to DFS and ordering mother to maintain contact with son via telephone or written correspondence, enroll in and complete a substance abuse program and provide proof of the same to the court, secure adequate housing and maintain such for ninety days prior to the return of son’s legal custody, enroll in and complete homemaking and parental skills training programs, and cooperate with and utilize the services offered or provided by DFS.

On May 1, 1993, son was placed in the foster home of respondents E.C. and G.C. (“petitioners”), where he remained up to the date of the termination hearing.

On March 15,1996, petitioners filed a petition to terminate mother’s parental rights in son. Cause was heard on August 16, 1996. Testifying on behalf of petitioners were Barbara Pelton, a social service worker with DFS assigned to son’s case from May to October of 1993; Alise Barton, a social service worker with DFS assigned to son’s case from December 1995 up to the date of the hearing; and Nancy Leo, a deputy juvenile officer assigned to son’s case on September 9,1994.

Barbara Pelton testified: Mother visited son at the hospital a few times between the date of son’s birth (January 20, 1992) and the date the trial court entered its Order of Disposition transferring custody of son to DFS (December 11, 1992). On two of these visits, hospital staff noted the odor of alcohol on mother; on another visit, mother was accompanied by son’s father and “they were both intoxicated.” According to Pelton, “The hospital stated that [mother] was hostile when she visits, did not participate in [son]’s care and only visited fifteen to twenty minutes and no bonding occurred with the child during the visits.” The visits stopped after June 1992 due to mother’s arrest and incarceration.

Pelton’s records indicated mother did not cooperate with or utilize the services provided or offered by DFS. An initial written service agreement was written on June 17, 1992, but mother never signed it. On November 15, 1994, and July 28, 1996, mother signed two separate written service agreements. Mother presented DFS with certificates stating she had completed sixty hours of a parenting program and forty hours of a drug and alcohol program since entering federal prison, but DFS had no information as to the programs’ content or the scope of what was covered, and, as far as Pelton knew, those programs had not been approved by DFS or the trial court. Since her incarceration mother sent son cards, letters, and some gifts, as well as a total of $125 in support, but had no physical contact with son since her last hospital visit on June 23,1992.

Pelton asserted son had no emotional ties to mother, but was “very attached” to his foster parents, petitioners. Son, by then four years old, exhibited extensive physical, mental and psychological problems such as significant development delay, autistic behavior, attention deficit disorder, hyperactivity, and chronic lung disease with frequent upper respiratory infections. Although son had special needs due to these problems and required extensive therapy, said needs were being met by petitioners. Nothing in the records showed mother had been instructed about the kind of special assistance and care son would need, or that the parenting class she attended addressed the particular needs of son. Nor did anything show mother asked for services or assistance in complying with the court’s Order of Disposition, or in understanding son’s special needs.

Alise Barton agreed her testimony as to the circumstances in which son came into DFS’s care, and the contacts DFS had had with mother, would not vary from Pelton’s account. Barton’s records indicated mother [705]*705signed two written service agreements, the terms of which mirrored the requirements set out by the trial court in its December 11, 1992 Order of Disposition, but mother failed to comply with those agreements. Mother did not request services from DFS to help her comply with the Order of Disposition, nor had she taken any steps to have DFS recommend or approve any programs available to her in federal prison. Barton testified son’s needs were being met by petitioners, and he had “bonded well” with them as parents. Barton believed it was in the best interests of son that he be allowed to remain with petitioners.

Nancy Leo testified mother did not make any requests for services or referrals for the purpose of assisting her in satisfying the trial court’s requirements set out in its Order of Disposition. Leo also testified she did not think mother “really understood the full impact of what [son’s] special needs were and how much care he would have to have.”

Barbara Pelton, Alice Barton, and Nancy Leo each testified it was in son’s best interests that mother’s parental rights be terminated. Son’s guardian ad litem (“GAL”), also present at the hearing, concurred.

Mother testified on her own behalf, by means of a telephone hook-up from the federal prison in which she was incarcerated. Mother admitted the last time she had actual physical contact with son was in June of 1992; claimed her earliest release date was 1998, but offered no documentation in support of this claim; and, claimed she paid support to son when she was able to provide it. Mother further testified she was taking classes and participating in activities in prison to prepare her for reunification with son.

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Bluebook (online)
951 S.W.2d 702, 1997 Mo. App. LEXIS 1504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mbm-v-ec-moctapp-1997.