Shelden v. H_ E

839 S.W.2d 348
CourtMissouri Court of Appeals
DecidedSeptember 24, 1992
DocketNo. 17819
StatusPublished
Cited by1 cases

This text of 839 S.W.2d 348 (Shelden v. H_ E) 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
Shelden v. H_ E, 839 S.W.2d 348 (Mo. Ct. App. 1992).

Opinion

CROW, Presiding Judge.

Appellant, H_E-, brings this appeal from a judgment terminating her parental rights to two of her six children. We affirm.

Appellant, born February 7, 1953, married for the first time “about 1971.” This [349]*349union endured some four months, producing no children. Appellant “had the marriage annulled” in February, 1972.

Appellant then married G_ A_ G_ J_ (“Art”) in November, 1972. This marriage produced three children: C_ D_ M_ J_ (“the eldest girl”), born October 27, 1973; S_J_ J_(“the middle girl”), bom September 4, 1975; and G_ J_ J_ (“the youngest girl”), born November 20, 1978. The marriage was dissolved in 1979.

Sometime thereafter, Appellant and Art resumed cohabitation. A son, G_A_ G_ J_, Jr. (“the eldest boy”) was born to Appellant December 22, 1983. Asked whether Art is the eldest boy’s father, Appellant replied, “That is questionable.” She explained:

... Art and I ... had been living together ... and Art had taken off again, and ... I went out one night and ... Either I got pregnant that night or I got pregnant by Art right afterwards, I’m not sure which one.

According to Appellant, the other possible father of the eldest boy is Manuel H_, Jr. (“Manuel”).

Appellant married G_ B_ E_, Jr. (“Junior”) in May, 1986. Junior was then 18. A son, L_E_E_(“the middle boy”) was born April 14, 1987.

The series of events that culminated in the judgment appealed from began May 19, 1987, when a deputy juvenile officer filed a petition asking the Juvenile Division of the Circuit Court of Texas County (“the juvenile court”) to take jurisdiction of the three girls and the eldest boy per § 211.031.1, RSMo 1986. The juvenile court immediately entered an order placing the four children in the custody of the Texas County office of the Division of Family Services (“DFS”) pending further orders.

Although the record contains scant evidence regarding the circumstances surrounding this incident, Appellant supplied the following information in her testimony.

She arrived home from work and learned her husband, Junior, had been arguing with the eldest girl and the middle girl. With Appellant’s permission, those two girls and the eldest boy went for a walk. When they failed to return at suppertime, Appellant began searching for them. Her quest was unsuccessful, so she called the police. An officer told her someone “would be down in a few minutes.” Appellant continued:

... they showed up. When they came down there they took [the youngest girl]. And they said the [eldest girl, middle girl and eldest boy were] at the police station and ... that they were taking the children because the children were abused.

Appellant contacted the deputy juvenile officer and was told the children would not be sent back home. Thus, after May 19, 1987, only the middle boy (age five weeks) remained in the home.1

The next relevant event occurred May 27, 1987, when Appellant returned home from work. She testified:

As I come down the hill, Junior was standing out in the road yelling and hollering and carrying on, and he had the baby ... and I said, “What’s wrong with you?” And he said, “The baby is hurt. He fell off of the bed.” ... And I said, “Oh, Junior, what did you let him do that for?” I said, “Now, we’re going to really be in trouble.”

Appellant and Junior took the middle boy to a local physician, who discovered the infant had fractured ribs. Additionally, according to the physician, “There was a severe diaper rash ... which was bleeding and the scrotum was also swollen from this rash.” At the direction of the physician, the middle boy was taken by ambulance to a Rolla hospital.

The physician who treated the middle boy there testified he had five fractured ribs — injuries inconsistent with falling from a bed. During the middle boy’s hospitalization (some four weeks), Junior told the physician how the injuries occurred. The physician testified:

This particular day [Junior] could not quiet the baby. He became very frus[350]*350trated and, in the end, his anger, he struck the baby against his knee.
Q. Basically slammed the baby down on the knee?
A. Yes.
Q. Would that history be consistent with the injuries that [you] observed? A. Much more so, yes.
[[Image here]]
Q. Would you describe for me the rash in the groin area?
A. Rash in the groin covered the scrotum, the penis, and buttock area. It was excoriated to the point that if you wiped him when he soiled himself, that the skin did bleed in those areas.
Q. Would you describe it as very severe?
A. Yes.

The day after the middle boy was injured, a deputy juvenile officer filed a petition asking the Juvenile Division of the Circuit Court of Phelps County to take jurisdiction of him per § 211.031.1, RSMO 1986. The juvenile court immediately entered an order placing the middle boy in the custody of the Phelps County office of DFS pending further orders.

A few days later, according to Appellant, “the police and the welfare showed up” at her home, questioned her and Junior, and took Junior to jail. He was charged with “child abuse” and remained in jail “at least a month.”

On June 17, 1987, the Phelps County juvenile court entered an order transferring the middle boy’s case to the Texas County juvenile court, where the case involving the other four children was lodged.

On October 22, 1987, the Texas County juvenile court held a hearing regarding the four eldest children and ordered that they remain under the jurisdiction of the court in DFS custody. At the request of Appellant and Junior, the middle boy’s case was continued pending completion of the criminal case against Junior.

On November 7, 1988, the juvenile court conducted a dispositional review hearing regarding the four eldest children.2 The court intended to simultaneously hear the middle boy’s case; however, Junior appeared without counsel. The court continued the middle boy’s case to November 28, 1988.

Junior failed to appear for the hearing November 28,1988. Appellant appeared in person and with counsel, and further evidence was heard.

On December 12, 1988, the juvenile court ordered that all five children remain under the court’s jurisdiction in custody of DFS.

Seven weeks later, on January 31, 1989, J_ A_ E_ (“the youngest boy”) was born to Appellant and Junior. Their marriage was dissolved October 4, 1989.

On April 10, 1990, a deputy juvenile officer filed (1) a petition to terminate the parental rights of Appellant and Manuel to the eldest boy, and (2) a petition to terminate the parental rights of Appellant and Junior to the middle boy.

Evidence was heard November 19, 1990.3 Appellant appeared in person and with counsel. Neither Manuel nor Junior appeared. The juvenile court stated Manuel had been served by publication, and Junior had been served by registered mail.

All the evidence could not be presented November 19, 1990, so the cause was adjourned to April 15, 1991.

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In Interest of L____ E____ E____
839 S.W.2d 348 (Missouri Court of Appeals, 1992)

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Bluebook (online)
839 S.W.2d 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelden-v-h_-e-moctapp-1992.