M.H. v. Greene County Juvenile Office

398 S.W.3d 550, 2013 Mo. App. LEXIS 389, 2013 WL 1281784
CourtMissouri Court of Appeals
DecidedMarch 28, 2013
DocketNos. SD 32353, SD 32354
StatusPublished
Cited by11 cases

This text of 398 S.W.3d 550 (M.H. v. Greene County Juvenile Office) 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.H. v. Greene County Juvenile Office, 398 S.W.3d 550, 2013 Mo. App. LEXIS 389, 2013 WL 1281784 (Mo. Ct. App. 2013).

Opinion

WILLIAM W. FRANCIS, JR., J.

M.H. (“Father”) appeals the respective judgments terminating his parental rights to his minor children, M.J.H. and L.M.J. (“the Children”).1 Finding no merit in his three points on appeal, we affirm the judgment of the Juvenile Division of the Circuit Court of Greene County (the “trial court”).2

Factual and Procedural Background

“In reviewing a judgment terminating parental rights, this Court consider[s] the facts and reasonable inferences derived therefrom in a light most favorable to the judgment.” In re C.A.M., 282 S.W.3d 398, 401 (Mo.App. S.D.2009) (internal quotation and citation omitted). Viewed in that context, the following information is pertinent to this appeal.

The record reveals the Children have been in protective custody since May 3, 2010. M.H. is the natural father of M.J.H., born June 7, 2008, and L.M.J., [555]*555born May 2, 2010.3 Tara Becker, an investigator with the Children’s Division of the Missouri Department of Social Services, began an investigation regarding the Children after the birth of L.M.J. when Mother tested positive for marijuana, ben-zodiazepine, cocaine and alcohol at the hospital. A determination was made by Ms. Becker that the Children needed to be in protective custody because of Mother’s drug usage, her untreated mental health needs, and Mother’s reports that she did not allow the Children to have unsupervised contact with Father due to his alcohol abuse.

On or about May 4, 2010, a “Petition” was filed with the trial court by a Deputy Juvenile Officer (“Juvenile Officer”) -with the Greene County Juvenile Office (“Juvenile Office”), on behalf of each child, alleging the Children were in “need of the care and treatment of [the] [c]ourt,” pursuant to section 211.031.1.4

On June 16, 2010, an adjudication hearing was held in which the trial court found that the Children came under the court’s jurisdiction, the allegations in the petitions were true, and the Children were in need of the care, protection and services of the court.

Alisa Griffiths (“Griffiths”), a caseworker with Children’s Foundation, was assigned as the caseworker for Mother, Father and the Children, when the Children were taken into care. When Griffiths first became involved in the case, she was not provided any information as to the Children’s father other than his name. Father was then located and on May 4, 2010, he was made aware the Children had been taken into protective custody. He was later served with the petitions filed by the Juvenile Officer.

When Griffiths began working on the case, Father was not incarcerated. He became incarcerated approximately two weeks after the children came into care. The only opportunity Griffiths had to visit with Father before he was incarcerated was at the 72-hour meeting. Griffiths was unable to set up visits between Father and the Children because he remained incarcerated for the remainder of the case up to and through the time of trial.

On June 9, 2010, Griffiths prepared an “Incarcerated Parent Treatment Plan” for Father, which was approved by the trial court on June 16, 2010. The treatment plan was structured to work toward the goal of reunification as evidenced by “Goal 1” of the treatment plan which stated: “[Father] will maintain an ongoing relationship with [the] [C]hildren[.]”

On June 21, 2011, more than a year after the Children came into care, a “PETITION TO TERMINATE PARENTAL RIGHTS” was filed with the trial court, for each child. The trial, as to both Children, was held on August 14, 2012. Grif-fiths and Father were the only witnesses to testify.

At the outset of the hearing, the trial court took judicial notice of the abuse and neglect and termination files, along with several criminal cases involving father, including the conviction for which Father was in custody. The trial court also re[556]*556ceived in evidence the paternity tests showing that Father was the biological father of the Children.

In addition to the testimony outlined above, Griffith also testified as to Father’s tasks under the treatment plan. Griffiths testified Father kept in regular contact with her sending letters every couple of months; had phone calls with which were frequent; and sent letters every eight weeks or so and pictures to the Children. She testified that other than the cards and pictures sent by Father, neither Father, nor his family, had provided any gifts for the Children. Father also had not provided any financial support for the Children. Griffiths testified she was unable to refer services to Father due to his incarceration, but Father was able to participate in some programs once he was transferred to the Department of Corrections (“DOC”).

Griffiths testified that early in the case, Father gave her his mother’s name (“J.H.”), and requested that an “ICPC”5 home study be done so that placement with J.H. could be considered for the Children. J.H. resided in Memphis, Tennessee, and had never met either of the Children. The ICPC was completed and approved. The family support team felt it was important for J.H. to come to Springfield and meet the Children, as well as meet with L.M.J.’s doctors in light of his special needs6 to make sure J.H. felt she could care for L.M.J. However, J.H. was unable to travel to Springfield due to financial reasons. J.H. neither came to visit the Children, nor provided any cards, letters or pictures to the Children.7 The decision was made not to place the Children with J.H. because J.H. made no effort to contact the Children or meet with L.M.J.’s doctors regarding his necessary care and treatment.

Griffiths testified the Children did not reside together. L.M.J. was placed in a home that was able to meet his medical needs, and M.J.H. was residing with his maternal great-grandmother and two half siblings. Despite being in separate placements, M.J.H. and L.M.J. continued to have contact with each other throughout the case. Griffiths testified there was a bond between M.J.H. and his two siblings, and it would be in his best interest to remain in a placement with them. Grif-fiths testified she saw both the Children every two weeks and neither one ever brought up the subject of Father during those visits.

Griffiths did not feel there were any additional services that could be provided to Father to enable reunification between him and the Children, and it was her recommendation that parental rights be terminated, the Children ' continue in their current placements, and they be eligible for adoption.

Father testified on his own behalf. Father testified that at least a year and a half [557]*557prior to his incarceration and prior to the Children coming into care, M.J.H. was living with his maternal great-grandmother. Although M.J.H. was not living with him, Father testified he “ear[ed]” for M.J.H. by visiting him every day. Father testified that at the time the Children came into care, he was out on bond waiting disposition of a charge for manufacturing a controlled substance in Greene County. Approximately two weeks after the Children came into care, Father committed and was charged with robbery in Newton County. Father was ultimately convicted of the charge related to the robbery and was sentenced to 12 years in the DOC.8 Father then entered an Alford,9

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398 S.W.3d 550, 2013 Mo. App. LEXIS 389, 2013 WL 1281784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mh-v-greene-county-juvenile-office-moctapp-2013.