Missouri Division of Social Services v. C.C.J.

158 S.W.3d 269, 2005 Mo. App. LEXIS 434
CourtMissouri Court of Appeals
DecidedMarch 22, 2005
DocketNos. ED 84857, ED 85193
StatusPublished
Cited by5 cases

This text of 158 S.W.3d 269 (Missouri Division of Social Services v. C.C.J.) 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 Social Services v. C.C.J., 158 S.W.3d 269, 2005 Mo. App. LEXIS 434 (Mo. Ct. App. 2005).

Opinion

KATHIANNE KNAUP CRANE, Judge.

Mother and father separately appeal from the trial court’s judgment terminating their parental rights to their minor child pursuant to section 211.447 RSMo (2000). We have consolidated this appeal. In her two points on appeal, mother challenges the existence of clear, cogent and convincing evidence supporting the trial court’s findings pursuant to sections 211.447.4(2) and 211.447.4(3). In his two points on appeal, father also challenges the existence of clear, cogent, and convincing evidence to support the findings made pursuant ■ to sections 211.447.4(2) and 211.447.4(3).: In addition, in- their arguments both parents challenge the findings supporting the trial court’s conclusion that termination was in the child’s best interests. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mother, C.C.J., is the natural mother of the child, B.L.H. (the child), born out of wedlock on July 17, 2001, when mother was 19 years old. Father, B.L.H., III, is the natural father of the child, and was 25 years old at the time of the child’s birth. At the time of birth, mother had been using marijuana for over a year, and' the child was born drug-exposed. On July 20, 2001, a hospital social worker alerted Division of Family Services (DFS)1 to a positive drug screen for marijuana on mother and the child.

Mother and the child lived with mother’s family. Father was also a caretaker for the child at that time. Between August 13 and August 16, 2001, the child suffered a fractured scapula. Mother testified that she did not know how the child was injured.

On August 21, 2001, when he was one month old, DFS took the child into protective custody. In his petition filed that day, the juvenile officer alleged that the child was without proper care and custody, in that between the dates of August 13 and August 16, 2001, while in the care and custody of his mother, the child sustained an acute transverse fracture through the left acromial spine, which “could not have resulted from accidental means and [was] the result of abuse, and neglect.” On September 7, 2001, the juvenile officer amended the petition to add the following allegation:

II. The juvenile is without proper care and custody in St. Louis County, in that said juvenile was born on or about July 17, 2001, and the juvenile and his mother each tested positive for the presence of marijuana in their urine in tests conducted on or about said date. The presence of marijuana in the juvenile’s urine could not have resulted from accidental means and was the result of abuse or neglect.

On September 13, 2001, DFS entered into a service plan with mother. Mother’s plan required her to:

1. Visit the child at least two times per month;
2. Make financial contributions toward the support of the child;
3. Obtain a drug/alcohol evaluation as approved by the DFS;
4. Obtain a psychological evaluation as approved by the DFS;
[273]*2735. Obtain drug/alcohol screenings to be completed within 24 hours;
6. Obtain and maintain housing;
7. Obtain day care;
8. Satisfactorily attend and participate in psychological/psyehiatric counseling;
9. Satisfactorily attend and participate in parenting classes
10. Satisfactorily attend and participate in any program, class or other course of action recommended;
11. Inform DFS about changes in address, telephone, job, people living in home;
12. Cooperate and utilize the services offered or provided by DFS or the court;
18. Comply with all orders of the Family Court.

Father’s service plan had similar provisions, except he was not required to participate in psychological counseling at that time or to obtain housing or day care. However, he was ordered to satisfactorily attend and participate in an anger management program. On October 15, 2001, the court conducted a dispositional hearing, found the allegations of the petition and amendment true, and continued jurisdiction over the child.

The trial court’s dispositional order placed the child in the legal and physical custody of DFS for suitable placement but granted each parent supervised visitation with the child. The court further ordered each parent to submit to a psychological evaluation, a substance abuse evaluation, and random drug screens within twenty-four hours of a DFS request, all to be arranged and paid for by DFS unless other funding was available. Each parent was also required to complete a DFS-approved parenting class. Additionally, mother was ordered to undergo individual therapy, and father was also ordered to complete a DFS-approved anger management program. The court approved the written service plans.

On November 14, 2001, the St. Louis County Circuit Court issued an ex parte order of protection against father on mother’s behalf.

On April 11, 2002, the Juvenile Officer filed a petition for termination of both mother’s and father’s rights, but dismissed the petition without prejudice on November 21, 2002, reserving the right to refile.

On November 21, 2002, the trial court held a permanency hearing. In its review order, it determined that the permanency plan for the child was either reunification with mother or adoption. The review order found that DFS had provided the parents counseling, psychological services, a parent aide, and substance abuse treatment, but that mother and father did not comply with the court-ordered services and that returning the child to his parents continues to be contrary to his welfare. The court continued supervised visitation with the child and ordered that each parent undergo individual therapy and submit to random drug screening. Additionally, each parent was ordered to pay $50.00 per month to DFS for child support.

On March 6, 2003, the court held another permanency review hearing. It found that the current permanency plan was either reunification with mother and/or father or adoption. It found that DFS had provided counseling, housing assistance, parent aide services, and substance abuse evaluation and testing, but that mother and father had not complied with the court order. It continued supervised visitation and required mother and father to continue individual therapy and submit to random drug screens.

In September, 2003, after another permanency review hearing, the court found [274]*274that the permanency plan was reunification with mother or father or adoption. The court found that DFS provided counseling for parents, parent aide services, and housing referrals. The court found that these efforts did not enable the return of the child to the home, because DFS had not provided evidence of drug screens showing negative results. The court continued to grant mother and father supervised visitations arranged by DFS. It ordered both parents to continue to participate in individual therapy and father to undergo paternity testing. It ordered DFS to present written verification that two drug screens were requested per month and to submit any available results at the next hearing.

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

Related

In the INTEREST OF K.M.A.-B.
493 S.W.3d 457 (Missouri Court of Appeals, 2016)
In Re BJK
197 S.W.3d 237 (Missouri Court of Appeals, 2006)
Juvenile Officer v. M.S.
197 S.W.3d 237 (Missouri Court of Appeals, 2006)
In the Interest of A.A.T.N.
181 S.W.3d 161 (Missouri Court of Appeals, 2005)
In Re AATN
181 S.W.3d 161 (Missouri Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
158 S.W.3d 269, 2005 Mo. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-division-of-social-services-v-ccj-moctapp-2005.