358 S.W.3d 549
Mo. Ct. App.2012Background
- C.J.G. (born December 2001) was taken into protective custody two days after birth and has resided in the same foster home since.
- Father has a complex criminal history but demonstrated rehabilitation and leadership in various programs since 2003, including GED, counseling, and community involvement.
- Mother had alcohol/substance issues but substantially rehabilitated and has supportive records post-release, including counseling and employment progress.
- The Missouri Children’s Division pursued termination petitions beginning in 2003; after prior voided termination, a third petition led to an amended judgment terminating Father’s rights in 2011.
- The trial court found two statutory grounds (neglect and failure to rectify) and considered best-interests factors, but the court’s judgment was reversed on appeal due to lack of substantial evidence and noncompliance with statutory requirements; remands included visitation and counsel-fee issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is substantial evidence to support termination on neglect. | Father’s current conduct shows rehabilitation; evidence does not prove ongoing chemical dependency or neglect. | The division found ongoing neglect due to past dependency and insufficient rectification. | No substantial evidence supports neglect grounds at termination. |
| Whether there is substantial evidence to support failure to rectify. | Father failed to rectify conditions by not signing/performing the service plan and by remaining with Mother. | No evidence showed Father needed or refused specific services; plan execution was tangential. | No substantial evidence supports failure to rectify as grounds. |
| Whether the trial court erred in visitation and in allocating counsel fees. | Visitation denial was unjust given lack of evidence of harm; fees should be borne by the county, not Father. | Division’s support history and costs do not justify the restrictions. | Remand for visitation determinations; reversal of costs against Father; attorney-fee allocation remanded for hearing. |
Key Cases Cited
- In re C.A.L., 228 S.W.3d 66 (Mo.App. S.D. 2007) (need to rectify underlying conditions; signed service plan not dispositive)
- In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (parental obligation to provide what is reasonably possible supports nontermination)
- In re C.K., 221 S.W.3d 471 (Mo. banc 2010) (strict, literal compliance with termination statutes; preserve parent-child relationship)
- In re T.A.S., 62 S.W.3d 650 (Mo.App. W.D. 2001) (past behavior must predict future harm; termination requires evidence of current conditions)