R.J.M. v. Phelps County Juvenile Office

322 S.W.3d 564, 2010 Mo. App. LEXIS 1242
CourtMissouri Court of Appeals
DecidedSeptember 20, 2010
DocketNos. SD 30082, SD 30083
StatusPublished
Cited by3 cases

This text of 322 S.W.3d 564 (R.J.M. v. Phelps 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
R.J.M. v. Phelps County Juvenile Office, 322 S.W.3d 564, 2010 Mo. App. LEXIS 1242 (Mo. Ct. App. 2010).

Opinion

WILLIAM W. FRANCIS, JR., Judge.

R.J.M. (“Father”) appeals the respective judgments terminating his parental rights to his minor children, L.M. and A.M. (“Children”).1 We affirm the judgments of the trial court.

Factual and Procedural History

“ ‘In reviewing a trial court’s judgment terminating parental rights, we consider the facts and reasonable inferences therefrom in the light most favorable to the judgment.’ ” In the Interest of L.M. and S.C.M., 212 S.W.3d 177, 180 (Mo.App. S.D.2007) (quoting In the Interest of A.M.F. and D.R.F., 140 S.W.3d 201, 203 (Mo.App. S.D.2004)). Viewed in this light, the facts and reasonable inferences therefrom follow.

H.M.B. (“Mother”) is the natural mother of the Children. L.M. was born January 14, 2006, and A.M. was born July 7, 2004. Prior to May 2007, Father and Mother were together for approximately three to three-and-one-half years.

In late April or early May 2007, Mother left the household mobile home without any of her children, including her son from a prior relationship. Father returned that son to the son’s natural father. Father then had the Children in his sole care for approximately thirty days. Mother visited periodically and supplied food utilizing the family food stamp card.

Toward the end of May 2007, Mother found the Children alone in the trader. Father was at the landlord’s house smoking marijuana. L.M. was strapped in a car seat and A.M. was moving about inside the trailer. The Children were screaming, very hungry, and thirsty. Father denied this incident. Mother then left with the Children and Father did not see or talk to Mother again until she testified at trial on January 9, 2009.

On June 7, 2007, Mother delivered the Children to the Phelps County Juvenile Office (“Juvenile Office”), where they were accepted under that court’s jurisdiction. She stated the biological father had kicked her out of her home, she was concerned for the safety of the Children, and she could not care for the Children. The Children were very dirty with bug bites, diaper rash and dirty diapers. The Children were out of control, aggressive toward each other, and did not follow instructions. Mother told the Missouri Department of Social Services, Children’s Division (“Children’s Division”) caseworker, Christine Abmeyer (“Ms. Abmeyer”), she did not know how to contact Father and that no one else was available to care for the Children. However, she did advise that Father worked at Hardee’s in Rolla, Missouri.

That same day, the Children were placed in a foster home. However, they had to be moved within a few days because the foster parent could not handle their behavior with other children in the home. On June 11, 2007, the Children were placed in a second foster home. When the [567]*567Children were placed with this foster parent, they were aggressive towards each other, running around, yelling, hitting and biting. The foster parent also indicated the Children were constantly worried about getting enough to eat. They would guard and hoard their food, eat dog food and eat from the trash.

Ms. Abmeyer testified that after Mother left the Children, she attempted to contact Father at Hardee’s and left a message for him. On Tuesday, June 19, 2007, she spoke with Father and informed him the Children were in the State’s care. During that telephone conversation, Father identified himself as “R.J.M.” and referred to the Children by their names. He also provided an address where he could be reached. Father advised he was not working Thursday or Friday and would come to her office to see her. He did not appear on either day. Ms. Abmeyer noted he did not request the Children be placed with him nor did he ask if he could visit the Children. Father denied having this conversation. Ms. Abmeyer also sent a letter to Father’s address inviting him to the Family Support Team (“FST”) meeting. The letter was not returned, but Father failed to appear at the “FST” meeting.

In September 2007, Phyllis Sickman (“Ms. Sickman”), a Children’s Division caseworker, took over the case. In her efforts to locate Father, Ms. Sickman contacted jails in the area, prosecuting attorney offices, checked Missouri case.net, called Hardee’s, sent a letter to Father’s last known address, and screened for Social Security entries. She did not check with the Division of Child Support Enforcement. However, the Division of Child Support Enforcement sent Father the paternity test results for L.M. Father did not respond as he believed this was a result of Mother pursuing child support from him. The only indication of Father’s efforts to locate the Children include his unsubstantiated claim that he asked H.M.B’s mother in August 2007, and a mutual friend in September 2007, about the Children’s location.

On May 14, 2008, the Juvenile Office filed a “Petition for Termination of Parental Rights” (“TPR”) as to the Children.

On July 2, 2008, Father was informed by his mother that a notice to the parents for termination of parental rights of the Children was running in the local newspaper. After learning of the notice, Father began making phone calls inquiring about his Children. Father claimed he had not known where his Children were or how to contact them for over a year, since the end of May 2007, when Mother took the Children from him.

On July 8, 2008, Ms. Sickman returned a call to Father and informed him he had abandoned the Children, TPR had been filed, and he would need to hire an attorney or request one from legal aid. Father claimed he did not want his parental rights terminated. Ms. Sickman testified that during the phone call, Father did not inquire into the well-being of his Children, whether he could see them, or what he needed to do to get them back.

Father then hired attorney Nanci R. Wisdom who, on August 22, 2008, filed her entry of appearance on behalf of Father.

On August 28, 2008, Mother executed a “Consent to Termination of Parental Rights and Consent to Adoption” for both Children. On September 3, 2008, the court approved the consents.

On November 13, 2008, Father agreed to a written service agreement with Children’s Division and completed some, but not all tasks required of him under that agreement. Father completed a psychological evaluation with Dr. Evelyn Darrow, but did not follow the recommendations of Dr. Darrow for individual counseling. He [568]*568completed some urinalysis drug testing, but failed to comply with an October 8, 2008 court order for a hair follicle drug test, until approximately three months later on January 5, 2009. As part of the written service agreement Father provided to Children’s Division a timeline of his whereabouts since 2007. He called the Division of Child Support Enforcement one time to check on a support order and delivered six to ten gift baskets to Children’s Division for the Children. Father attended all meetings requested of him.

Children’s Division referred Father for a visiting assessment with Gary Evans, Ph. D., LCSW. Dr. Evans classified Father in a neglectful parent category and diagnosed him with avoidant personality disorder. Additionally, he testified the prognosis for Father becoming the principal and exclusive care provider for the Children ranged from “uncertain to poor.” On January 24, 2009, Dr.

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322 S.W.3d 564, 2010 Mo. App. LEXIS 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rjm-v-phelps-county-juvenile-office-moctapp-2010.