351 S.W.3d 264
Mo. Ct. App.2011Background
- Father appeals termination of parental rights to twins, alleging failure to prove grounds under 211.447.5(2) (neglect) and 211.447.5(6) (unfitness).
- Twins were born July 21, 2008; Father was incarcerated around their birth and remained in prison through the relevant period.
- Mother died by suicide on February 27, 2010, after which the twins were placed in custody of the Children's Division.
- Twins were placed with the Knights on March 24, 2010; a no-contact order with Father was issued March 2, 2010 and renewed July 6, 2010.
- Father maintained some contact (cards, letters, gifts) but remained incarcerated out of state, limiting services and visitation.
- The trial court terminated parental rights based on both statutory grounds, but the court’s decision was affirmed on the ground of unfitness under 211.447.5(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unfitness under 211.447.5(6) was supported. | Father argues incarceration alone cannot prove unfitness. | Father contends other factors are insufficient to show lack of future ability to care for twins. | Substantial evidence supports unfitness under 211.447.5(6). |
| Whether the neglect finding under 211.447.5(2) was properly supported. | Termination could be based on either ground; neglect shown by circumstances. | Neglect findings were not necessary to affirm since unfitness already established. | Reviewed but not necessary; we affirm on unfitness grounds without relying on neglect. |
Key Cases Cited
- In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (clear, cogent, and convincing standard governs termination)
- In the Interest of K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (reasonably foreseeable future must be considered for likelihood of future care)
- F.W.M. v. Children's Div., 316 S.W.3d 538 (Mo. App. W.D.2010) (lengthy incarceration can support unfitness where bond and stability are lacking)