Ts v. Ps

797 S.W.2d 837, 1990 WL 138877
CourtMissouri Court of Appeals
DecidedSeptember 25, 1990
DocketWD 42442
StatusPublished

This text of 797 S.W.2d 837 (Ts v. Ps) 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
Ts v. Ps, 797 S.W.2d 837, 1990 WL 138877 (Mo. Ct. App. 1990).

Opinion

797 S.W.2d 837 (1990)

In the Interest of: T.S., C.S., Jr., S.S., and B.S., Respondents,
v.
P.S., Appellant.

No. WD 42442.

Missouri Court of Appeals, Western District.

September 25, 1990.
Motion for Rehearing and/or Transfer Denied October 30, 1990.

*838 Richard L. Colbert, Kansas City, for appellant.

Anne E. Rauch, Kansas City, for respondents.

John W. Kurtz, Kansas City, for respondent guardian ad litem.

Before LOWENSTEIN, P.J., and FENNER and ULRICH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 30, 1990.

LOWENSTEIN, Presiding Judge.

Appellant P.S., natural mother of B.S., T.S., C.S., and S.S. appeals a judgment terminating her parental rights. The court also terminated the natural father's parental rights, but he does not appeal.

The judgment is affirmed.

The four children are as follows: female child B.S., born November 11, 1983; female child T.S., born December 16, 1984; male child C.S., born January 27, 1986; and male child S.S., born April 15, 1987. The mother and father began having these children at the ages of 14 and 19, respectively.

The facts will be presented in two parts. The first part chronologically outlines the events leading to the termination of the mother's and father's rights, even though the judgment as to him is final. The second part outlines the Division of Family Services' (DFS) efforts to rehabilitate the S. family.

ORDER OF EVENTS

DFS investigated the family after receiving hotline tips on April 22, and May 10, 1986, alleging physical neglect of B.S., T.S., and C.S. (S.S. was not yet born). DFS first inspected the home in May 26, 1986. The home's two toilet stools were broken and filled with human and animal feces. Soiled diapers were scattered about the furniture and floors; trash bags overflowed with garbage and dirty clothes; and flies infested the home. The children and their clothes also were dirty.

DFS visited the home many additional times. Each visit revealed the squalid living conditions had not improved from the *839 original visit. In fact, DFS discovered additional problems during each visit. On July 9, 1986, DFS found that B.S. and C.S. were infested with lice and nits. On July 30, 1986, DFS discovered fly and cockroach infestation. On August 29, 1986, all of the children were infested with lice. On October 3, 1986, the home was so cluttered with building materials that much of it was impassable. C.S. and T.S. had skin rashes. B.S. and T.S. were drinking spoiled milk. Human and animal feces covered the house. DFS removed the children from the S. home on the same day.

October 10, 1986, the Jackson County Juvenile Officer filed a petition asking the court to assume jurisdiction over B.S., T.S. and C.S. under § 211.031.1 (RSMo.Supp. 1989).[1] The petition alleged that the children were without proper care, custody, and support in that their parents habitually failed to provide a clean, healthy, safe living environment. Before the petition was ruled upon, DFS returned the children to their parents on December 9, 1986, because the parents moved to a four bedroom home and kept it and themselves clean and lice-free. Juvenile Court took jurisdiction over B.S., T.S., and C.S. on January 20, 1987, but allowed mother and father to retain physical custody.

DFS received additional hotline calls on May 18, June 12, and August 28, 1987. DFS again investigated the home on August 29, 1987, and found the home as filthy and putrid as usual. Mother and father provided no food or running water. The three oldest children slept on a bare, filthy mattress on the floor, which was covered with garbage, soiled clothing, soiled diapers, and animal feces. Four dogs and three cats also lived in the home.

DFS removed the children from the home that day and placed them in foster care on October 2, 1987. B.S. was about three years, ten months of age; T.S., two years, nine months; C.S., one year, seven months; S.S. four months. The children have never returned to their parents' custody.

B.S. and T.S. began exhibiting sexually dysfunctional behavior in November 1987. They indicated that their father and a grandfather were the perpetrators.

Juvenile Court subsequently took jurisdiction over S.S. on March 3, 1988, by granting the Juvenile Officer's third amended petition filed under § 211.031 (RSMo.Supp.1989). In that proceeding, mother, father, the Juvenile Officer, and Guardian Ad Litem stipulated to the following: the family was dysfunctional and the children were without proper care, custody and support because on or about September 29, 1987, the family home was without running water; there was virtually no food in the house; the floors were strewn with garbage, trash, clothing, soiled diapers and animal feces; the children T.S., B.S., and C.S. were required to sleep on a bare mattress on the floor; there were four dogs and three cats in the home; the children were filthy and malodorous; counseling was required for all family members to address the sexually dysfunctional behavior of B.S. and T.S.; and both parents consented to DFS' recommendation that all four children be placed in DFS custody for foster care placement, pending further review by the court.

On November 17, 1988, the Juvenile Officer moved under § 211.447.2(3)(a), (b) for termination of both parents' rights to all four children. The termination proceedings began July 12, 1989. The Juvenile Officer offered extensive evidence that mother and father failed to take advantage of DFS services and failed to improve the living conditions in the home. The parents testified DFS had not recently visited and that the home was currently clean enough to meet DFS standards. The father testified he was currently employed and ready to take responsibility for his family. The court tabled the proceedings and instructed DFS to investigate the home again. The court also instructed that father's employment be verified. When the trial reconvened, DFS presented testimony and photographs *840 showing the home's conditions had not improved one iota since the original home visit. The father's employer was subpoenaed but failed to appear.

The trial court made several findings of fact under § 211.447.2(3)(a), (b). It found that the children had been under the juvenile court's jurisdiction for more than one year and that conditions of a potentially harmful nature continued to exist; that these conditions were likely to persist and prevent reunification; that a continuation of the parent-child relationship would significantly diminish the children's chances of early integration into a stable, permanent home; that mother and father failed to comply with six separate social service plans, discussed infra; and that DFS had been unsuccessful in aiding mother and father on a continuing basis in adjusting their circumstances and conduct to provide a proper home for the children. Thus, the court terminated the mother's and father's parental rights to all four children under § 211.447.2(3)(a)(b).

THE EFFORTS OF DFS

From May 1986 through May 1989, DFS offered mother and father extensive services to improve their living conditions and parenting skills. For example, DFS procured a community service aide to teach skills in time management, personal hygiene, housekeeping, nutrition, and food preparation and storage.

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Bluebook (online)
797 S.W.2d 837, 1990 WL 138877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ts-v-ps-moctapp-1990.