Rutledge v. C.S.

27 S.W.3d 826, 2000 Mo. App. LEXIS 1402, 2000 WL 1375155
CourtMissouri Court of Appeals
DecidedSeptember 26, 2000
DocketNo. WD 57819
StatusPublished
Cited by4 cases

This text of 27 S.W.3d 826 (Rutledge v. C.S.) 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
Rutledge v. C.S., 27 S.W.3d 826, 2000 Mo. App. LEXIS 1402, 2000 WL 1375155 (Mo. Ct. App. 2000).

Opinion

LAURA DENVIR STITH, Judge.

The Juvenile Officer filed a Petition to terminate the parental rights of C.S. (Mother) and D.H. (Father) to two of their children, C.D. and W.H. The Circuit Court of Cole County found the statutory grounds for termination of Mother’s parental rights to C.D. and W.H. were met, but held that, in lieu of terminating her parental rights, it was in the best interests of the children to instead deny the Petition and appoint guardians for the children. Only Mother appeals this judgment. She argues that the court below erred in so ruling because it failed to timely appoint a guardian ad litem to represent her interests. Because she failed to raise this issue below, and because she has failed to show any prejudice resulted from the fact that the court did not appoint her counsel as guardian until the day of trial, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 30, 1998, the Juvenile Officer asked the Cole County Circuit Court to take jurisdiction over Mother’s minor children, including C.D., then 12 years old, and W.H., then 11 years old. The court granted the Petition and took jurisdiction over the children. At the request of the Division of Family Services (DFS), C.D. and W.H. were placed in Mother’s care, subject to supervision by DFS and a 30-day permanent placement treatment plan.

Four months later, on June 19,1998, the Juvenile Officer filed a Motion to Modify Previous Order of Disposition, on the ground that personnel at Children’s Mercy Hospital had reported on June 18, 1998, that C.D. had numerous fingerprint bruises on his chest and that C.D. had indicated that Larry Summers, Mother’s new husband, caused these bruises. The court entered an order of protective custody removing C.D. from Mother’s physical custody. On June 23, 1998, the court appointed Grant Smith as counsel for Mother. He represented Mother over the ensuing months, during which time C.D. was again placed in Mother’s physical custody.

C.D. was again removed from Mother’s custody on September 18, 1998, after a review hearing revealed the following: that chaotic and unstable conditions existed in Mother’s home; that Mother failed to provide a structured environment; and that Mother continued to permit the children to have contact with Larry Summers, [828]*828Mother’s allegedly abusive new husband. More specifically, the hearing showed that Mother was manifesting suicidal ideations; that she let the children go to bed when they pleased; that she did not feed the children at regular times; and that as a result of her difficulty in managing money, she had not made payments on her home in several months. On September 29, 1998, the court found that C.D.’s removal from Mother’s home was in the children’s best interests, and further found that Mother was in need of a mental evaluation.

Mother, still represented by Mr. Smith, was subsequently evaluated by various psychologists. They found that Mother’s overall functioning fell in the “mentally retarded” range, and that she was prone to both extreme anger and extreme depression. One of the psychologists, Dr. James Nolen, expressed the opinion that Mother’s mental conditions were of a chronic and persistent nature, that they were not likely to be reversible, and that he did not believe that further social or psychological services would assist her in providing a safe home environment for her children. He further noted that Mother’s score on the Global Assessment of Functioning test was one of the lowest scores he had seen by an individual who was not institutionalized. The Juvenile Officer thereafter filed an amended petition alleging that Mother was incompetent and lacked the necessary skills to provide appropriate parenting.

On August 10, 1999, the Juvenile Officer filed a petition seeking termination of Mother’s parental rights as to both C.D. and W.H. He alleged that termination was appropriate because there were few emotional ties between Mother and the children, and that additional Family Court services would not bring about a lasting parental adjustment enabling the return of the children to Mother within an ascertainable time.

When the case came on for trial on September 2, 1999, Mr. Smith had been counsel for Mother for over one year. Before trial began that day, the court also appointed him as Mother’s guardian ad litem. Mr. Smith made no objection to this appointment as guardian, nor did he request a continuance so that he could undertake additional preparation before taking on this new role, and the trial took place as scheduled with Mr. Smith acting in the dual role of counsel and guardian ad litem for Mother.

On September 14, 1999, the court ruled that sufficient grounds existed to terminate Mother’s parental rights on two of the three alternative bases set out in Section 211.447 RSMo Cum.Supp.1999. In particular, the court found that Mother has a permanent mental condition; that there is no reasonable likelihood that it can be reversed; and that this condition renders her unable to knowingly provide the children with necessary care, custody and control, in that she is a “severely intellectually, psychologically, socially and occupationally impaired person.” The court found that she had not improved as a parent despite home visits, counseling, and numerous other services provided her by DFS, and that she would not improve further over time.

The court also found that Mother had continuously failed to provide the children with adequate food, clothing, shelter or education, although physically and financially able to do so; that she had failed to protect the children from physical abuse by their step-father; that she was unable to keep them clean or provide adequate food or clothing for them; and that they had fallen behind in development while in her care. The court further found that the children had been under the jurisdiction of the court for more than one year, that the conditions which led it to take jurisdiction over them continued to exist, that there was little likelihood that these conditions would be remedied in the near future, and that the continuation of the parent-child relationship greatly diminished their prospects for early integration into a stable home.

[829]*829The court made additional factual findings supporting these legal determinations, and, based on its findings, concluded that the alternative statutory bases for terminating parental rights set out in Section 211.447.4(2) and (3) had been satisfied. The court nonetheless ultimately determined not to terminate Mother’s parental rights, because it found that it was in the best interests of the children to continue the parent-child relationship. But, in light of Mother’s limited mental functioning and limited parenting abilities, and because the children had been abandoned by their natural father, the court also found that both parents were unable or unfit to assume the duties of guardianship of their children, and appointed a guardian for each of the children under the provisions of Chapter 475 RSMo 1999.

The Juvenile Officer does not appeal the decision not to terminate Mother’s parental rights, but Mother appeals the court’s decision to appoint guardians for her children.

II. THE TRIAL COURT DID NOT COMMIT REVERSIBLE ERROR IN APPOINTING COUNSEL AS MOTHER’S GUARDIAN AD LI-TEM ON THE DAY OF TRIAL

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Cite This Page — Counsel Stack

Bluebook (online)
27 S.W.3d 826, 2000 Mo. App. LEXIS 1402, 2000 WL 1375155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutledge-v-cs-moctapp-2000.