342 S.W.3d 353
Mo. Ct. App.2011Background
- Father appeals termination of his parental rights to Child for abandonment, abuse/neglect, and failure to rectify.
- Child was born in 2008; Mother was jailed for robbery/armed criminal action; Father initially not listed as father.
- DNA testing later confirmed Father’s paternity; Child taken into protective custody at birth due to Mother’s custody status.
- Caseworkers (Kreitzer, Strickland, then Stephenson) supervised Father’s non-regular contact; Father sent limited letters and one book, little financial support.
- Father was incarcerated (ten-year sentence for armed robbery and related offenses) at trial; Child had a stable foster placement since 2009.
- Trial court found grounds for termination and that termination was in Child’s best interest; guardian ad litem and foster family supported termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Grounds for termination proven? | Father’s lack of bond and care supports termination on rectify. | Father contends evidence insufficient to prove grounds. | Yes; one ground supported termination. |
| Best interests supported by evidence? | Termination promotes Child’s stable permanence. | Best interests not proven due to potential future bond. | Yes; best interests supported. |
| Incarceration as sole basis for termination? | Incarceration, with lack of bond and minimal contact, justifies termination. | Incarceration alone not sufficient to terminate; other factors required. | Incarceration weighed but not sole basis; combined factors supported termination. |
| Failure to rectify proven despite services? | Father failed to rectify conditions; he did not utilize services or arrange for child’s care. | Father argues services were available and he engaged with some programs. | Yes; sufficient evidence to prove failure to rectify. |
| Relation of letters/drawings to bond requirement? | Letters/drawings shown but not sufficient to create bond given inconsistency and lack of persistent contact. | Any continued contact demonstrates interest and potential bond. | Letters alone insufficient to establish bond; bond not established. |
Key Cases Cited
- In re P.L.O., 131 S.W.3d 782 (Mo. banc 2004) (termination standards; grounds must be proven; best interests ultimate decision)
- In re K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (grounds require proof by clear, cogent, convincing evidence)
- In re A.M.S., 272 S.W.3d 305 (Mo. App. W.D. 2008) (one proven ground suffices for termination consideration)
- In re J.B.D., 151 S.W.3d 885 (Mo. App. S.D. 2004) (incarceration does not automatically terminate; bond and contact matter)
- In re Z.L.R., 306 S.W.3d 632 (Mo. App. S.D. 2010) (imprisoned parent can still be denied if no meaningful bond or support)
- In re R.K., 982 S.W.2d 803 (Mo. App. W.D. 1998) (minimal financial contributions may evidence parental intent to provide support)
- In re A.S.W., 137 S.W.3d 448 (Mo. banc 2004) (strict construction of termination statutes in favor of parent)
- T.W.C. v. Children’s Div., 316 S.W.3d 538 (Mo. App. W.D. 2010) (visitation and contact considerations; incarceration impact)