532 S.W.3d 712
Mo. Ct. App.2017Background
- Baby Girl Arnold was born October 29, 2016 in Johnson County, Kansas; Kansas DCF placed her in protective custody with a relative days later.
- On November 4, 2016 the Jackson County, Missouri juvenile officer filed a petition under Mo. Rev. Stat. § 211.031.1 alleging the child was without proper care due to parents’ history of abuse/neglect of the child’s siblings and efforts to evade Childrens’ Division.
- Missouri court took temporary custody November 9, 2016; Kansas juvenile court shortly thereafter released custody stating the child had been placed in Missouri where the siblings were already in custody.
- At adjudication/disposition, the Missouri court found parents had not remedied conditions in the siblings’ cases, that mother exhibited untreated mental illness and violent behavior, father had physically abused a sibling, and both had obstructed services and hidden the child.
- Parents moved to dismiss claiming lack of jurisdiction under the UCCJEA and § 211.031 because Kansas was the child’s home state; the Missouri court denied the motion and assumed jurisdiction. Parents appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri juvenile court had § 211.031.1 jurisdiction | Parents: child was not resident/found in Jackson County; Kansas was home state so Missouri lacked jurisdiction | State: parents’ last-known residence was in Jackson County; child’s residence follows parents so Missouri had jurisdiction | Court held Missouri had § 211.031.1 jurisdiction because parents’ residence was in Jackson County and parents offered no proof otherwise |
| Whether Missouri could exercise jurisdiction under the UCCJEA | Parents: Kansas was child’s home state (born and initially placed there) so Kansas had exclusive jurisdiction | State: Kansas declined jurisdiction; child and parents have significant connections to Missouri and substantial evidence exists in Missouri | Court held UCCJEA permitted Missouri jurisdiction because Kansas declined and Missouri met significant-connection and substantial-evidence requirements |
Key Cases Cited
- In Interest of R.H., 488 S.W.3d 93 (Mo. App. W.D. 2016) (standard of review in juvenile adjudications)
- State ex rel. In Interest of R.P. v. Rosen, 966 S.W.2d 292 (Mo. App. W.D. 1998) (child’s residence follows parent; birth in another state does not control)
- Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (Missouri adoption of UCCJEA framework)
- In re N.U., 369 P.3d 984 (Kan. Ct. App. 2016) (application of UCCJEA principles in Kansas)
- DeWitt v. Lechuga, 393 S.W.3d 113 (Mo. App. W.D. 2013) (UCCJEA home-state priority and analysis)