N.J.A. v. D.C.

351 S.W.3d 722, 2011 Mo. App. LEXIS 1045
CourtMissouri Court of Appeals
DecidedAugust 16, 2011
DocketNo. WD 73294
StatusPublished
Cited by12 cases

This text of 351 S.W.3d 722 (N.J.A. v. D.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
N.J.A. v. D.C., 351 S.W.3d 722, 2011 Mo. App. LEXIS 1045 (Mo. Ct. App. 2011).

Opinion

THOMAS H. NEWTON, Presiding Judge.

D.C., father to D.D.C., appeals the trial court’s judgment terminating his parental rights and permitting D.D.C. to be adopted by N.J.A. and A.R.A. We affirm.

Factual and Procedural Background

L.H. (Mother) gave birth to D.D.C. (Child) in September 2006. D.C. (Father) and Mother were in a relationship and Father was listed on the birth certificate. At some point in 2007, Child received a skull fracture after falling from a balcony while in Mother’s care. Father was not at home when this occurred. Both Mother and Father used methamphetamine during this time period, including while Child was present in the home. Father testified he was “tired of it,” and in September 2007, Father took Child to Arizona. Mother travelled to Arizona to retrieve Child in February 2008.

In June 2008, Child came under the trial court’s jurisdiction after Mother had a car accident in which she was determined to be under the “influence of something” with one or more children in the car. Child was shortly thereafter placed with A.R.A., Mother’s cousin, (Foster Mother), and N.J.A. (Foster Father). Foster Parents had two other children.

Father was still in Arizona where he had five other children that ranged in age from six to 19. Father testified that Mother notified him in Arizona that Child had been removed from her care. Father was subsequently incarcerated in Arizona for unpaid child support for his other children until the beginning of 2009. In January 2009, he spoke with Child’s case manager and asked what he needed to do to obtain custody of Child. He was told to come to Kansas City and obtain an attorney. Meanwhile, Mother gave birth to G.H. (Half-Brother) in February 2009. Half-Brother was also placed with Foster Parents, directly from the hospital.

Father returned to Kansas City in May 2009. He lived with Mother and began working part time. At some point, the Division told Father he needed to attend anger management classes; he had convictions for domestic violence against two of the mothers of his children. Father contacted UMKC’s Community Counseling and Assessment Services (CCAS) and arranged for individual counseling.

Father attended Child’s monthly Family Support Team (FST) Meeting in May 2009. He informed the Division that he wanted his daughter back and that he was beginning anger management classes. The Guardian Ad Litem (GAL) asked Father to undergo a psychological evaluation, but according to Child’s case manager, he subsequently refused to do so unless it was court ordered. At trial, Father denied that he had refused to participate in a psychological evaluation.

In June 2009, Mother’s infant nephew died while she was babysitting him. The child reportedly died from asphyxiation while sleeping in the bed with Mother and Father.

Father began short visits with Child at Child’s day care, supervised by Child’s therapist. Beginning in December 2009, [727]*727Father began bi-weekly one-hour visits with Child supervised by an independent therapist. The therapist testified that Child was initially guarded with Father, but that he allowed Child space and as time progressed, the relationship evolved. She testified that Father brought food, toys, books, and movies to the visits. Her progress report in April 2010 indicated that Child was affectionate with Father and Father was responsive to her needs.

From June 2009 until February 2010, Father participated in the individual counseling through UMKC’s CCAS where he worked on managing anger and developing coping strategies. According to Father’s CCAS intake, he was seeking treatment for anger management. He reported that he had been using drugs since the tenth grade. In January 2009, he allegedly quit using illegal drugs, but found it “very hard, especially when he gets depressed.” He also reported drinking to the point of not remembering about once a month. The counselor’s reports indicate Father’s attempts to remain positive in light of a lack of progress towards gaining custody of Child, having such little time with her, a frustration and confusion with the court process and caseworkers, and receiving conflicting information about his rights. Mother and Father also participated in joint counseling, from January 2010 until the time of trial, because of the history of domestic violence.

Child’s case manager testified that although Father told her that he was participating in the individual counseling sessions, Father initially refused to consent to the release of information other than the record of his attendance.

While seeking custody, Father voluntarily participated in drug testing which was given on a weekly basis. He tested positive for alcohol use on two occasions. On several occasions from May 2010 through August 2010, Father intermittently did not respond to a 24-hour call back for testing.

On September 11, 2009, Foster Parents petitioned for the termination of Mother and Father’s parental rights, alleging abandonment and neglect, and sought to adopt Child, as well as Half-Brother in a separate petition. Half Brother’s adoption was not contested by his alleged fathers. Hearings were held before the Family Court Commissioner (Commissioner) on September 9, September 10, and October 8, 2010. At the commencement of the proceedings, after the presentation of evidence related to drug testing, the Commissioner ordered that both parents be tested for methamphetamine. On the second day of hearing, Mother consented to the termination of her parental rights and to the adoption.

Child’s case manager recommended both parents’ parental rights be terminated because the children needed permanency. The case manager was at first unsure if there was a written services agreement for Father and acknowledged that Father was not provided with parenting classes, or drug or rehabilitation programming.

Child’s therapist testified that Child had a number of behavioral problems when she first went to live with Foster Parents— sleeplessness, nightmares, anxiety, not eating, and lengthy tantrums. At the time of trial, she felt these behavioral issues were resolved but expressed concern about Child feeling she was in limbo. She testified that she currently was working with Child on fears, both normal childhood fears, and fears that she would be kidnapped by Mother or Father.

She stated that Child had a very strong parent-child bond with Foster Parents; they were Child’s “parents, her caregivers, her protectors. She sees [Foster Father] as having immense powers and ability to [728]*728make things right and make the world a better place, and [Foster Mother] is mommy and she turns to her if she’s upset or worried ... She goes to her for the nurturing and the maternal care that is typical of a mother and child.” She also testified that Child had a familial connection to her foster sisters and to Half-Brother, and had adjusted well to Foster Parents’ home. She testified that removing Child from Foster Parents’ home would be traumatic and likely to create long-term issues with trust and relationships. She recommended adoption by Foster Parents and stated that in her opinion, the ending of visitation would not have “much of an impact on [Child].”

Mother and Father’s joint counselor had for a long period recommended a goal of reunification.

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Cite This Page — Counsel Stack

Bluebook (online)
351 S.W.3d 722, 2011 Mo. App. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nja-v-dc-moctapp-2011.