C.V.E. v. Greene County Juvenile Office
330 S.W.3d 560
Mo. Ct. App.2010Background
- Five siblings (ages 5–16) were placed in foster care due to parental issues including domestic violence, unsafe living conditions, and prior substantiated sexual abuse by the stepfather; Mother C.V.E. appeal of termination of parental rights; Father consented to termination for two children; case history shows repeated housing instability and noncompliance with services; psychological evaluation described Mother as dependent and with significant personality disorders; trial court terminated rights based on failure to rectify and best interests; hearings included records and witnesses but Mother did not appear for the final termination hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Grounds for termination under 211.447.5(3) | Mother failed to rectify conditions | Greene County asserts sufficient evidence | Yes, failure to rectify proven by cogent evidence |
| Best interests of the children | Totality favors termination to ensure safety | Best interests not shown by record | Yes, termination in children's best interests |
| Effective assistance of counsel | Counsel ineffective for maternal client | Counsel acted to preserve voluntary termination option | No, not ineffective; meaningful hearing existed |
Key Cases Cited
- In the Interest of L.M. and S.C.M., 212 S.W.3d 177 (Mo.App. S.D. 2007) (two-step termination standard; deference to factual findings)
- In re L.M., 212 S.W.3d 181 (Mo.App. S.D. 2007) (deference to juvenile court findings; awesome power of termination)
- In re N.R.W., 112 S.W.3d 465 (Mo.App. W.D. 2003) (one ground sufficient for termination on filing; substantial evidence standard)
- In re P.L.O. and S.K.O., 131 S.W.3d 782 (Mo. banc 2004) (best interests standard; abuse of discretion review)
- In re C.A.M., 282 S.W.3d 398 (Mo.App. S.D. 2009) (seven-factor best interests framework; no requirement to negate all factors)