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

403 S.W.3d 672, 2012 WL 5941508, 2012 Mo. App. LEXIS 1514
CourtMissouri Court of Appeals
DecidedNovember 28, 2012
DocketNo. SD 31955
StatusPublished
Cited by5 cases

This text of 403 S.W.3d 672 (S.L.J. 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.J. v. Greene County Juvenile Office, 403 S.W.3d 672, 2012 WL 5941508, 2012 Mo. App. LEXIS 1514 (Mo. Ct. App. 2012).

Opinion

DANIEL E. SCOTT, P.J.

Appellant (Mother) challenges the termination of her parental rights with respect to her son (Child). For reasons stated herein, we reverse that part of the judgment.1

Background

In April 2010, the Children’s Division learned that Mother and her boyfriend were making methamphetamine in their apartment. Child, age 4, was removed from the home and temporarily placed with Mother’s mother (Grandmother) with instructions to keep Child away from the apartment.

Within a month, authorities discovered Child back at the apartment.2 Finding meth lab components and smelling marijuana, they arrested the adults and took Child into protective custody.

[674]*674Child went to foster care where he has thrived. Mother pleaded guilty to child endangerment and drug felonies and went to prison. She was released in April 2011 and moved in with Grandmother.

Two months later, Respondent petitioned to terminate Mother’s parental rights, citing abuse/neglect and failure to rectify.3 After the court overruled a caseworker’s recommendation to give Mother additional time, a termination hearing was held in January 2012.

Mother, as noted infra⅜ seemed to have rectified the conditions that brought Child into juvenile care. Respondent thus focused its case on Mother’s inability to support Child or herself and her dependence upon Grandmother.

Mother still lived with Grandmother as of trial. The home was drug-free and did not present safety issues, but Child’s caseworker wanted Mother to get her own place, which Mother had been reluctant to do.

An issue related to independence was employment. Without a job for eight months after she left prison, Mother became employed a month before trial. Unemployment had been a problem throughout Mother’s life, but felony convictions and missing teeth4 now raised further challenges.

At least two witnesses expressed concern about Mother’s parenting skills; one flatly said that Mother could not parent Child without help at this point. Mother had completed parenting classes, was interested in Child, and visited him whenever she could. Still, Mother could not parent Child without assistance or supervision, and had progressed only to twice-weekly, one-hour, supervised visits as of the trial date. Sometimes Mother brought Grandmother to these visits and relied on her to enforce boundaries with Child. Child’s caseworker noted Mother’s failure to progress in parenting skills, an inability to recognize safety concerns, and a lack of interaction with Child during visits. Child seemed to treat Mother more as a sibling than a parent.

Mental health experts described Mother’s struggles with dependency and self-motivation. A psychologist mentioned de-motivational syndrome; some persons, even when they stop abusing drugs, “still just lack the energy to get up and get going.” A therapist reported that Mother had done “very well” in her drug treatment, but needed more progress toward self-dependence and could not yet support herself.' The therapist indicated that Mother, and perhaps “any client or anyone” in Mother’s situation, reasonably needed one year to address her various issues.

Against these barriers to reunification, Mother had substantially complied with her treatment plan and demonstrated “praiseworthy” changes. She completed a drug treatment program, was involved in an intensive drug court program, and had been consistently drug-free. Mother had a long history of codependent relationships with abusive, substance-dependent men, but had avoided these since Child went into care. Mother completed a psychological evaluation, consistently participated in individual counseling and family therapy, stayed in contact with her caseworker and [675]*675her probation officer, and complied with all terms of her probation.

The trial court terminated Mother’s parental rights, giving rise to this appeal.

Legal Principles

As stated in In Interest of K.W., 167 S.W.3d 206, 209 (Mo.App.2005):

Our standard of review in this case is based on the requirements of section 211.447.5: the trial court must find by clear, cogent and convincing evidence that one or more statutory grounds for termination exists and that termination is in the best interests of the children. See In re P.L.O., 131 S.W.3d 782, 788-89 (Mo. banc 2004). The trial court’s determination that a statutory ground has been proven by clear, cogent and convincing evidence will be affirmed unless no substantial evidence supports it, it is contrary to the weight of the evidence, or it erroneously declares or applies the law. Id. at 789. Evidence is clear, cogent and convincing if it “instantly tips the scales in favor of termination when weighed against the evidence in opposition and the finder of fact is left with the abiding conviction that the evidence is true.” In re K.A.W., 133 S.W.3d 1, 12 (Mo. banc 2004). “In all of these determinations, the reviewing court is deferential to the fact-findings of the trial court and considers all the evidence and reasonable inferences from the evidence in the light most favorable to the judgment.” P.L.O., 131 S.W.3d at 789.

Because there are constitutional implications when a court severs the parent-child relationship, we must examine the trial court’s findings and conclusions closely and strictly construe the statute in favor of preserving that relationship. Id. at 210; K.AW., 133 S.W.3d at 12.

Point I — Abuse/Neglect5

Respondent offered no proof that Mother abused Child, and the court found there was no evidence that Child had been subjected to physical, emotional, or sexual abuse.

The court’s neglect finding fails per K.A.W. and its progeny. Trial evidence cited by the court almost exclusively dated back to Child’s initial entry into care. Such past behavior was not “convincingly linked to predicted future behavior” and we find no “explicit consideration of whether the past acts provide an indication of the likelihood of future harm.” Id. at 9-10.

“Because the trial court’s termination judgment as to Mother based on abuse/neglect is not supported by substantial evidence of a convincing link between Mother’s previous [neglect] and the likelihood of her future danger to Child, Mother’s first point is granted.” In re X.D.G., 340 S.W.3d 607, 621 (Mo.App.2011).

Point II — Failure to Rectify

Child having been under juvenile court jurisdiction for a year, this termination ground required clear and convincing proof that:

1. The conditions that brought Child into care still persisted, or that other potentially harmful conditions still existed;
[676]*676 and
2. Those conditions were unlikely to be remedied soon enough for Child to be returned to Mother in the near future, or

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403 S.W.3d 672, 2012 WL 5941508, 2012 Mo. App. LEXIS 1514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slj-v-greene-county-juvenile-office-moctapp-2012.