Rlp v. Rmw

775 S.W.2d 167, 1989 Mo. App. LEXIS 815, 1989 WL 59467
CourtMissouri Court of Appeals
DecidedJune 6, 1989
Docket55404
StatusPublished

This text of 775 S.W.2d 167 (Rlp v. Rmw) 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
Rlp v. Rmw, 775 S.W.2d 167, 1989 Mo. App. LEXIS 815, 1989 WL 59467 (Mo. Ct. App. 1989).

Opinion

775 S.W.2d 167 (1989)

R.L.P., et al., Respondent,
v.
R.M.W., Appellant.

No. 55404.

Missouri Court of Appeals, Eastern District, Division Three.

June 6, 1989.
Motion for Rehearing and/or Transfer Denied August 1, 1989.

*168 Nancy E. Emmel, St. Louis, for appellant.

Ellyn L. Sternfield, Clayton, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 1989.

HAMILTON, Judge.

The natural mother, R.M.W., appeals the judgment terminating her parental rights in two of her four minor children, a daughter, R.L.P., born April 27, 1984, and a son, C.P., born November 22, 1985.

Prior to judgment, R.L.P. and C.P. had been under the continuing jurisdiction of the St. Louis County Juvenile Court. In December, 1984, the trial court, having assumed jurisdiction over R.L.P., ordered legal custody of the child placed with the Missouri Division of Family Services (hereinafter DFS). In February, 1986, the trial court ordered physical custody of R.L.P. placed with DFS for foster care and, in June, 1987, the court transferred her physical custody to the Salvation Army Hope Center. C.P., formally placed under Juvenile Court jurisdiction in April, 1986, was ordered into the legal and physical custody of DFS for foster care.

On August 19, 1986, the court approved a service plan, signed by Appellant, her DFS social worker, a deputy juvenile officer, and a juvenile court commissioner, designed "to help parents obtain physical custody *169 of their children who are not presently living with them." Under the plan, Appellant agreed, inter alia, to (1) visit each child at least twice monthly; (2) obtain and maintain adequate housing for herself and her children; (3) obtain a psychological/psychiatric evaluation and undergo counseling, if recommended; (4) obtain twice monthly drug screenings and drug abuse counseling; (5) submit a day care plan for the social worker's approval; (6) meet monthly with the social worker. DFS agreed, inter alia, to (1) set up visits between parent and children upon request; (2) refer Appellant to housing resources upon request; (3) refer and pay for psychological/psychiatric evaluation and counseling; (4) refer Appellant to resources for drug abuse counseling upon request; (5) refer Appellant to day care resources upon request. In addition, the service plan contained a warning that if Appellant failed to conform to the plan or if the plan were unsuccessful, the court might terminate her parental rights.

On March 28, 1988, the Juvenile Officer filed Petitions to Terminate Parental Rights with respect to R.L.P. and to C.P. Following an evidentiary hearing on both petitions in June, 1988, the juvenile court ordered termination pursuant to Sections 211.447.2(1), (2), (3) RSMo (1986). The court based its termination of Appellant's parental rights essentially upon her failure to comply with the requirements of the DFS service plan. The court found that Appellant

has, without good cause, left said [children] without any provisions for parental support and without making arrangements to visit or communicate with [either] child, although able to do so, for a period of six months or longer immediately prior to the filing of the Juvenile Officer's Petition to Terminate Parental Rights on March 28, 1988.

With reference to the evidence adduced at hearing, the court found that

[t]he competent evidence presented showed that the respondent-mother has repeatedly and continuously failed, although physically or financially able, to provide the children with food, adequate clothing, shelter or other care and control necessary for their physical, mental or emotional health and development.

In addition, the court determined that each child had been under the jurisdiction of the juvenile court for over one year and "continuation of parent-child relationships greatly diminishe[d] the children's prospects for early integration into a stable and permanent home."

Although finding that Appellant "voluntarily and knowingly" agreed to and signed the DFS service plan, the trial court determined that she "totally and completely failed to comply with the requirements regarding drug screenings, housing, and submission of a day care plan." Moreover, although Appellant complied with the plan's visitation requirements from August, 1986 to January, 1987, her compliance thereafter was "minimal and sporadic." In contrast, the court found DFS made reasonable efforts to fulfill its responsibilities pursuant to the service plan. Based upon the evidence presented, the court concluded that termination of parental rights was in the best interests of the two children.

On appeal, Appellant contends (1) the trial court's order of termination was against the weight of the evidence, and (2) the trial court failed to apply the proper standards for termination of parental rights under Sections 211.447.2(2)(a) and (b) and 211.447.2(3)(c) and (d), RSMo. (1986).

In order to terminate parental rights, a trial court must find that termination is in the best interests of the child and that clear, cogent, and convincing evidence establishes a violation of one or more statutory grounds for termination. Section 211.447.2 RSMo. (1986); In Interest of M.E.W., Jr., 729 S.W.2d 194, 195 (Mo. banc 1987); In Interest of A.M.K., 723 S.W.2d 50, 52 (Mo.App.1986). Clear, cogent, and convincing evidence is that evidence which "`instantly tilt[s] the scales in the affirmative when weighed against the evidence in opposition and the fact finder's mind is left with an abiding conviction that the evidence is true.'" In Interest of C.M.M., 757 S.W.2d 601, 604-5 (Mo.App.1988) (quoting In re *170 Adoption of W.B.L., 681 S.W.2d 452, 454 (Mo. banc 1984)). Moreover, evidence in the record that might support another conclusion does not necessarily establish that the trial court's decision is against the weight of the evidence. Id.

In reviewing a case involving termination of parental rights, an appellate court must affirm the trial court's judgment unless no substantial evidence supports it, it is against the weight of the evidence, or it erroneously declares or applies the law. In Interest of A.L.B., 743 S.W.2d 875, 879 (Mo.App.1987); Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). It must also defer to the trial court's assessment of the credibility of witnesses. In Interest of M.E.W., Jr., 729 S.W.2d at 195-6. When confronted with conflicting evidence in the record, an appellate court should review the facts in the light most favorable to the trial court's order. Id. at 196.

With these principles in mind, we consider Appellant's contention that the trial court's order is against the weight of the evidence. In a termination of parental rights proceeding, a trial court's order is sufficient to support termination if at least one of the grounds for termination was adequately pleaded and proved. In Interest of J.I.W.,

Related

In Interest of AMK
723 S.W.2d 50 (Missouri Court of Appeals, 1986)
In the Interest of C.M.M.
757 S.W.2d 601 (Missouri Court of Appeals, 1988)
In Re Adoption of W.B.L.
681 S.W.2d 452 (Supreme Court of Missouri, 1984)
Murphy v. Carron
536 S.W.2d 30 (Supreme Court of Missouri, 1976)
In the Interest of JIW
695 S.W.2d 513 (Missouri Court of Appeals, 1985)
In Re Interest of A.L.B.
743 S.W.2d 875 (Missouri Court of Appeals, 1987)
In Interest of MEW
729 S.W.2d 194 (Supreme Court of Missouri, 1987)
In the Interest of M.B.A
709 S.W.2d 941 (Missouri Court of Appeals, 1986)
In the Interest of D.G.N. v. S.M.
691 S.W.2d 909 (Supreme Court of Missouri, 1985)
Juvenile Officer v. D.L.D.
716 S.W.2d 879 (Missouri Court of Appeals, 1986)
R.L.P. v. R.M.W.
775 S.W.2d 167 (Missouri Court of Appeals, 1989)

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Bluebook (online)
775 S.W.2d 167, 1989 Mo. App. LEXIS 815, 1989 WL 59467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rlp-v-rmw-moctapp-1989.