S.L.D. v. Greene County Juvenile Office

386 S.W.3d 152, 2012 WL 4903021
CourtMissouri Court of Appeals
DecidedOctober 17, 2012
DocketNo. SD 31891
StatusPublished
Cited by6 cases

This text of 386 S.W.3d 152 (S.L.D. v. Greene 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
S.L.D. v. Greene County Juvenile Office, 386 S.W.3d 152, 2012 WL 4903021 (Mo. Ct. App. 2012).

Opinion

WILLIAM W. FRANCIS, JR., J.

S.L.D. (“Mother”) appeals the judgment terminating her parental rights to her minor child, J.M.T. (“Child”), who was born in 1999.1 Finding no merit in her six points on appeal, we affirm the judgment of the Juvenile Division of the Circuit Court of Greene County (the “trial court”).2

Factual and Procedural Background

Viewing the evidence in the light most favorable to the trial court’s judgment, In re C.A.M., 282 S.W.3d 398, 401 (Mo.App. S.D.2009), the record reveals Child has been in protective custody since approximately November 9, 2007. Mother voluntarily gave custody of Child to the Children’s Division of the Department of Social Services (“the Children’s Division”) due to the fact that Child “had been hospitalized by [Mother] [for behavioral and mental health issues] a couple of times in Cox North and at Lakeland, and [Mother] was pretty much frustrated and didn’t know how to handle him. So she ... voluntarily plac[ed] him in care.” Prior to this, in October 2007, the Children’s Division investigated a report that Child had threatened to kill his brother by stabbing him. During that investigation, Child was hospitalized at Cox North and Mother reported behavioral problems such as aggressively [155]*155chasing other children, spitting on people, hoarding dangerous items such as razor blades and knives, cursing, punching walls, choking his younger sister, throwing inanimate objects, and punching Mother in the face and stomach, as well as kicking her repeatedly.3 Additionally, Mother indicated to the Children’s Division that, prior to this hospitalization, Child had been hospitalized for behavior and mental health-related issues on at least six occasions and had been diagnosed as bipolar, as well as having obedience disorder, mild mental retardation, post-traumatic stress disorder, and attention-deficit/hyperactivity disorder.

As part of the services offered to Mother by the Children’s Division, a treatment plan was implemented by the Children’s Division on December 31, 2007, and it was approved by the trial court on January 2, 2008. At the time of the creation of the treatment plan, the goal for Child was reunification with Mother, and the major issues Mother needed to address were stability issues, parenting issues, and management of Child’s behavioral problems.

Kary Brichacek (“Brichacek”), Child’s caseworker from the time of the implementation of the treatment plan through April 2011, testified Mother’s behavior and compliance with her treatment plan began to change in approximately March 2010. Prior to March 2010, Brichacek reported Mother completed a requested psychological evaluation, maintained contact with Brichacek as asked, made herself available for random drug testing, signed all requested paperwork and releases, had no known law violations, generally exercised her visitations with Child, maintained contact with Child, and provided Child with food, clothing and other in-kind gifts. Yet, Brichacek related that during this same time period, Mother failed to maintain stable housing, resided with an inappropriate paramour who had tested positive for cocaine, failed to complete parenting classes to which she was referred, failed to attain or maintain steady employment, began and then stopped attending her required individual and family therapy appointments, and failed to voluntarily provide any financial support for Child, although she received disability benefits. Brichacek reported that beginning in February 2010, Mother’s contact and visitation with Child became sporadic with Mother having “ample opportunity to visit [Child],” but she began canceling visits by saying she was ill or arriving late to visits. Mother’s last visitation with Child was in March 2010. Following March 2010, Mother did not maintain contact with Brichacek; failed to exercise her visitation or contact Child in any manner; failed to provide any type of support for Child, whether financial or in-kind; did not make herself available for drug testing; and did not keep the Children’s Division apprised of her contact information or employment status. Bricha-cek related that her last contact with Mother was the receipt of a letter from her in June 2010 in which Mother stated to Child “that it wasn’t his fault, and she loved him and she was pretty much done working to get him back.” Brichacek reported that at the time she relinquished the case, Child was struggling with his living situation in that he would often request to continue living with his foster family, but would still mention the possibility of residing with Mother.

Amy Modglin (“Modglin”), Child’s caseworker from April 2011 through the time of the trial, testified she had no contact with Mother whatsoever. She related Mother had not had visitation with Child [156]*156since March 2010, had provided no support of any kind since that time, had provided no evidence' she had been working on her treatment plan, and had failed to take advantage of the services offered to her by the Children’s Division. According to Modglin, Child reported that one of the only things he remembered about Mother was “how much [she] yelled at him.”

On March 18, 2009, the “PETITION TO TERMINATE PARENTAL RIGHTS” was filed with the trial court by a Deputy Juvenile Officer (“Juvenile Officer”) with the Greene County Juvenile Office. Mother was appointed counsel to represent her interests and an answer to the petition was filed on her behalf.

The trial in this matter was held on September 20, 2011, and January 13, 2012. Neither Mother, nor her appointed counsel, although notified, appeared at any time during the two-day trial. At trial, both Brichacek and Modglin recommended termination of Mother’s parental rights. Further, the Juvenile Officer introduced the psychological evaluation performed upon Mother by Dr. Mark Bradford (“Dr. Bradford”). In his evaluation of Mother, Dr. Bradford observed Mother’s “verbal skills and understanding seemed below average ... and intellectual testing revealed [she] was at least mildly retarded”; she was “slower than average completing testing tasks”; had “grave difficulties reading, seems to have not understood many of the forms or questions, although she filled them out”; she had poor reading comprehension; her “speech was unclear at times”; she would quit tasks when they became too difficult for her; she was “illiterate for most practical purposes, and unable to recognize many simple words” such that Dr. Bradford concluded her reading ability was at an elementary school level; she was unsure who the current President of the United States was; she was unable to do simple math such as subtracting 7 from 100; and she could not grasp simple concepts. Mother admitted to Dr. Bradford that she had a history of abusing methamphetamines, had one minor arrest several years prior, and quit her last job because she “ ‘just ... was ... doing meth at the time. So [she] chose to do that instead of ... be at work.’ ” She related she was on disability due to diagnoses of depression, anxiety and bipolar, and that she took a number of medications “for anger.” She further reported a history of mental health issues, including several mental health hospitalizations and at least one suicide attempt. She reported she had been the victim of domestic abuse at the hands of Father, that she had anxiety and worry, and that she had a history of depression and mood swings. Based on the information provided by his testing and reported to him by Mother, Dr.

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Bluebook (online)
386 S.W.3d 152, 2012 WL 4903021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sld-v-greene-county-juvenile-office-moctapp-2012.