State v. K_ S

897 S.W.2d 141, 1995 WL 141206
CourtMissouri Court of Appeals
DecidedApril 4, 1995
DocketNo. 19419
StatusPublished
Cited by2 cases

This text of 897 S.W.2d 141 (State v. K_ 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
State v. K_ S, 897 S.W.2d 141, 1995 WL 141206 (Mo. Ct. App. 1995).

Opinion

GARRISON, Presiding Judge.

K_S_(Mother) appeals from an order terminating her parental rights to four children: J.A.M., born April 23, 1984; J.H.L., born May 16, 1986;1 J.L.L., born November 22, 1987; and J.D.L., born January 19, 1989. The order, entered on January 27, 1994, was pursuant to a petition filed by the deputy juvenile officer which alleged that the parents 2 abandoned the children; did not visit or communicate with them or inquire about their welfare from February 5, 1990 to September 10, 1990; and, since February 5, 1990, had continuously failed to provide the children with food, clothing, shelter, or education as defined by law, or other care and control necessary for their physical, mental or emotional health and development. It also alleged that the emotional ties between the children and the natural parents were greatly diminished if they existed at all, and that it was in the best interests of the children for the parental rights to be terminated.

Our review is in accordance with Rule 73.01(c) as interpreted in Murphy v. Carron, 536 S.W.2d 30 (Mo.banc 1976). Therefore, the order will be affirmed unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. We are to give due regard to the trial court’s opportunity to judge the credibility of the witnesses. In Interest of M.H., 828 S.W.2d 951, 952 (Mo.App.S.D.1992). We are also guided by the principle that in reviewing the evidence we are to view the facts and the reasonable inferences therefrom in the light most favorable to the trial court’s order. Id. Viewed in that manner, the record indicates the following:

On February 5, 1990, Father and Mother left the children with his brother and sister-in-law (James and Sue) intending to go to California for a job which Father said he had been promised. There was evidence, however, from which the court could have found that the parents decided to leave Missouri because there were pending or expected “bad check” charges; Social Services representatives had visited their home and found human feces and the smell of urine in the house and were perhaps going to start proceedings to remove the children; and they just felt that they wanted to go to California to get a new start on their lives and couldn’t take the children with them. There was also testimony that Mother had said that they were not taking the children, even if it meant leaving them with a total stranger.

When the parents left the children with James and Sue on February 5,1990, they left one clean diaper. Three of the children, however, were wearing dirty diapers at the time. They also left a bag of clothes for the children which were described as being so dirty that they were burned.

There was testimony that James and Sue believed their custody of the children was to be temporary and that the parents would return for them when they got jobs and set up a home. They agreed to keep the children but insisted that the parents sign a power of attorney, the preparation of which they paid for.

The parents did not actually leave for California until sometime between February 5 and February 27, 1990. In the intervening time, Mother saw the children once or twice when James or Sue took them to where the parents were staying. On the Sunday before the parents left, James and Sue “forced the issue” and took the children to see them for several hours. Before leaving, the parents made no arrangements to provide any financial support for the children and left no money for their care.

When the parents reached Gallup, New Mexico, they learned by phone that the job which was supposed to be waiting was in fact not available. They then changed their destination to Phoenix, Arizona, arriving there on March 1. By March 3 both of them had obtained jobs at a cleaning establishment at minimum wage and they obtained a permanent place to live after about three weeks. [143]*143They both eventually obtained higher paying jobs. According to Father, after a few paychecks they would have been able to bring the children to Arizona, but their income, both from legitimate jobs and from the sale of drugs, was spent on their living expenses and to support their own drug habits. Neither of them saw or talked to the children until Mother returned to Missouri on or about September 10, 1990.3 Likewise, they sent no money for the support of the children or to bring them to Arizona.

James and Sue testified that, while they did not have a phone at their home during that period of time, they received no correspondence from Mother or Father, and the children received no birthday cards or gifts. There was testimony from the parents that they called another relative three times between February and September 1990 to check on the children and let people know where they were, but James and Sue testified that they received no such messages or indications that the calls had been made. In fact, Sue testified that when the power of attorney expired in August, she unsuccessfully made inquiry about the location of the parents. James also testified that the parents knew he worked at Fort Leonard Wood and that while he had not given them a phone number where he could be reached there, they could have gotten that information by calling the Fort. In April 1990, because of behavioral problems they were having with J.A.M. and J.L.L., James and Sue sent J.H.L. and J.D.L. to live with Harold (a brother of Father and James) and his wife Nora in Willard, Missouri. At that time, Nora called the parents to tell them of the change, and she also called them in August when J.A.M. was hospitalized. The parents made no request to speak with any of the children during either of those conversations. Other than those contacts, Harold and Nora received no communications or support of any kind from the parents prior to September 10, 1990.

Mother returned to Missouri around September 10, 1990 and a petition was filed on September 12 seeking to place the children under the jurisdiction of the juvenile division of the circuit court. After a hearing on September 17, the court assumed jurisdiction over J.A.M. and J.L.L. but found that it did not have jurisdiction over J.H.L. or J.D.L. because they were not residing in Texas County. As a result, Mother took J.H.L. and J.D.L. back to Arizona with her. Twelve days later, however, she delivered them to Father, saying that she was not permitted to keep them in her studio apartment. On November 22,1990, after having been told to do so by Mother, Father returned J.H.L. and J.D.L. to Harold and Nora, who kept them until May 20, 1991, at which time they were returned to Texas County authorities and the court assumed jurisdiction over them.

Mother did not see any of the children from November 1990 until April 1991. In April 1991, she took them for a weekend visit to St. Louis; she visited them for three hours in June 1991; and she brought Christmas gifts to the children in December 1991. She did not visit the children from Christmas 1992 until Christmas 1993, but during that period she called them seven times and wrote twice.

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Related

Juvenile Officer v. C.C.
914 S.W.2d 408 (Missouri Court of Appeals, 1996)
In Interest of SC
914 S.W.2d 408 (Missouri Court of Appeals, 1996)

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Bluebook (online)
897 S.W.2d 141, 1995 WL 141206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-k_-s-moctapp-1995.