Missouri Division of Family Services v. B.J.C.

87 S.W.3d 917, 2002 Mo. App. LEXIS 2190, 2002 WL 31443448
CourtMissouri Court of Appeals
DecidedNovember 1, 2002
DocketNo. 24777
StatusPublished
Cited by7 cases

This text of 87 S.W.3d 917 (Missouri Division of Family Services v. B.J.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
Missouri Division of Family Services v. B.J.C., 87 S.W.3d 917, 2002 Mo. App. LEXIS 2190, 2002 WL 31443448 (Mo. Ct. App. 2002).

Opinion

PER CURIAM.

B.J.C. (“Mother”) appeals from a judgment terminating her parental rights with reference to her natural children, A.M.C., born October 6, 1984; A.L.C., born March 29, 1987; G.C., born March 5, 1989; and V.L.C., born December 9, 1990. With two points relied on, Mother contends that [919]*919there was not clear, cogent and convincing evidence presented in support of the termination of her parental rights.

On September 23, 1997, the parental rights of G.C., Sr. (“Father”) were terminated and the trial court found that “severe acts or recurrent acts of physical or sexual abuse had been committed toward [A.M.C.] and that [Father] knew of or participated in those acts thereby endangering the welfare of each child in the home.” As a result of that same proceeding, Mother’s parental rights were terminated and the trial court found that there was “clear, cogent and convincing evidence that she should have known of acts of physical, emotional or sexual abuse committed toward her children.” In re A.M.C., 983 S.W.2d 635, 637 (Mo.App.1999). This Court reversed the September 1997 order with respect to Mother’s parental rights, finding that there was no evidence in the record that she committed any of the specific acts or that she knew or should have known that any such acts were being committed by others. Id. at 637, 639.

In May 1999, the trial court approved a new treatment plan for Mother. Review hearings were held in February of 2000 and 2001, and no visitations between Mother and the children were allowed. On June 18, 2001, petitions to terminate the parental rights of Mother with respect to the four children were filed.

Within the petitions, the Missouri Division of Family Services (DFS) sought termination of Mother’s rights based on § 211.447.2(1), RSMo 2000, (children had been in foster care for at least fifteen of the last twenty-two months); § 211.447.4(2), RSMo 2000, (children had been abused or neglected); and § 211.447.4(3), RSMo 2000, (children under trial court’s jurisdiction for a period of one year, and conditions leading to the assumption of that jurisdiction still exist or conditions of a potentially harmful nature continue to exist).

Following a hearing on the matter, the trial court issued its findings, order and judgment on December 19, 2001. Of importance to this appeal, the trial court made the following findings of fact based on clear, cogent and convincing evidence.

1. There was no evidence presented that indicates that [Mother] committed any severe or recurrent acts of physical, emotional or sexual abuse toward the children. There was evidence from [Mother] that she was with the children “all the time,” however this court does not take [Mother’s] statement literally as three of the school children were of school age at the time that they came into care. While the finding in the previous termination of parental rights action against Mother suggests that she had no knowledge of the abuse of the children, this [c]ourt is concerned that [Mother] continues to hold the opinion that no abuse occurred despite a judgment against [Father] and considerable evidence to the contrary.
2. There was clear, cogent and convincing evidence that [Mother] has failed to provide [the children] with adequate food, clothing, and shelter in that she has failed to pay any support to the State of Missouri for their foster care. There was testimony that [Mother] believed herself to be employable. [Mother] testified that she received approximately four hundred seventy dollars ($470.00) in benefits from the United States Social Security Administration. This [c]ourt does not intend to suggest that [Mother] could have made anything but a negligible monthly contribution. She made no [920]*920payments at all, however, for the care of her children. [Mother] acknowledged that she would have to set aside some of her income if they were living with her.
3. The [c]ourt finds that, pursuant to Section 211.447(3), [the children] have been under the jurisdiction of this [c]ourt for at least one year; conditions that led to the assumption of jurisdiction still persist and conditions of a potentially harmful nature continue to exist with little likelihood that those conditions will be remedied at an early date so that the children may be reunified. [Mother] moved herself from her home which was next door to [Father] the same month as the first trial setting, and only two months pri- or to the trial of which this order is a result. [Mother] lived in the same dwelling, either with [Father] or within very close proximity to him for at least six years prior to her move. When [Mother] was served with the summons for this action she was with [Father]. She has been seen with him at court dates, family support team meetings and home visits despite concern voiced by the [c]ourt and the [DFS] that [Father] be prevented from having contact with the children. [Mother] refused to participate in sexual abuse counseling. She refused to even concede that any serious sexual or physical abuse was perpetrated on any of her children despite this [c]ourt’s previous order in a termination of parental rights hearing stating that said abuse occurred,
a. [Mother] made substantial progress towards completing the individual requirements of the [c]ourt ordered treatment plan, however she made little or no progress on complying with the spirit of the treatment plan. [Mother] did obtain an evaluation by [Dr.] Marie Clark [of the Behavioral Science Institute, Inc., for the purpose of evaluating the treatment needs of Mother and the children and developing a treatment plan addressing any issues identified by Dr. Clark, including any issues of sexual abuse of the children], however, she did not comply with [Dr.] Clark’s treatment recommendations. [Mother] asked [Father] to be evaluated by [Dr.] Clark. [Father] attempted but did not complete the evaluation. [Mother] maintained adequate housing, however she refused to allow the [DFS] to inspect her home on numerous occasions. [Mother] agreed to go to counseling, but refused to work on issues of sexual abuse. In February of 2001 [Mother] refused to continue work towards reunification,
b. The [DFS] was relieved of reasonable efforts in February of 2001 because [Mother] refused to cooperate any further with their efforts to reunify. This [c]ourt finds that their efforts were not complete at that time but that [Mother’s] refusal to continue working towards reunification was inconsistent with establishing a permanent placement for [the children].

The judgment in a termination of parental rights case will be sustained unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. In re R.J.B., 30 S.W.3d 868, 870 (Mo.App.2000). Due deference is given to the trial court’s ability to assess the credibility of the witnesses. A.M.C., 983 S.W.2d at 636. In our review, [921]*921we consider the facts and reasonable inferences therefrom in the light most favorable to the trial court’s order. R.J.B., 30 S.W.3d at 870.

The grounds for termination of parental rights must be shown by clear, cogent and convincing evidence. § 211.447.5, RSMo 2000. The termination must also be in the best interest of the children.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

A.M.B. v. Greene County Juvenile Office
376 S.W.3d 1 (Missouri Court of Appeals, 2011)
R.A.M. v. Greene County Juvenile Office
347 S.W.3d 601 (Missouri Court of Appeals, 2011)
In Re Zlr
347 S.W.3d 601 (Missouri Court of Appeals, 2011)
Greene County Juvenile Office v. B.D.W.
342 S.W.3d 353 (Missouri Court of Appeals, 2011)
In Re Kmw
342 S.W.3d 353 (Missouri Court of Appeals, 2011)
In the Interest of J.M.N.
134 S.W.3d 58 (Missouri Court of Appeals, 2004)
In Re JMN
134 S.W.3d 58 (Missouri Court of Appeals, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
87 S.W.3d 917, 2002 Mo. App. LEXIS 2190, 2002 WL 31443448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-division-of-family-services-v-bjc-moctapp-2002.