A.M.B. v. Greene County Juvenile Office
2011 Mo. App. LEXIS 1259
| Mo. Ct. App. | 2011Background
- Mother appeals the termination of parental rights to her five children: T.L.B., M.K.S., N.T.S., N.J.S., and K.M.S.
- Protective custody ensued after 2008 incidents including alleged threats, suicide ideations, and a past driving incident causing injury to a child.
- Multiple mental health professionals treated Mother; diagnoses included major depression, panic disorder, OCD, personality disorder NOS with histrionic/borderline traits, mood disorder, and narcissistic traits.
- Therapy and services were provided, including MBCH-based treatment plans, but mental health issues persisted and supervision of visits was required.
- Most children did not wish to reunite with Mother, and the trial court found ongoing barriers to reunification, including parental responsibility, financial support, and safety concerns.
- The trial court terminated parental rights under § 211.447.5(2) and 7, and the court found it was in the best interests of the Children to terminate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mental condition supports termination | Mother argues weight-of-evidence favors reversal | State contends condition is severe, permanent, and unlikely to improve | Yes; clear, cogent, convincing evidence supports termination under § 211.447.5(2) and (3) |
| Best interests of the Children | Children desired to stay with Mother; services could enable return | Intensive services failed to produce sufficient progress; safety concerns remain | No abuse of discretion; termination in Children's best interests proven by the totality of circumstances |
Key Cases Cited
- In re K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (three-prong mental-condition test for termination (documentation, duration, severity))
- In re P.L.O., 131 S.W.3d 782 (Mo. banc 2004) (clear, cogent, convincing standard for termination findings; weight of evidence standard)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for termination decisions; deference to trial court credibility)
- In re S.M.H., 170 S.W.3d 524 (Mo. App. E.D. 2005) (mental-condition must render parent unable to provide care and be unlikely to improve)
- In re L.M., 212 S.W.3d 177 (Mo. App. S.D. 2007) (abuse-of-discretion review for best-interest determinations)