In Re Jm, 328 S.W.3d 466

D.M., an 18-year-old mother under family court jurisdiction, had her 22-month-old child taken into protective custody for numerous neglectful acts.
On January 15, 2010, a hearing concluded with a finding of a pattern of neglectful behavior by Mother.
The juvenile officer sought to supplement the record with documents from Mother's and the child's cases, but most were not admitted; only GAL exhibit 1 and JO exhibits 1 and 2 were admitted.
The court applied §211.031 to determine jurisdiction, requiring clear and convincing evidence that the child needed care due to parental neglect.
Five witnesses testified; several described love and bonding between Mother and child, while two unauthorized absences were central to the alleged neglect.
The court found two unauthorized absences established a pattern of neglect, removed the child to foster care, but on appeal the court reversed for lack of deprivation of care and remanded to return the child to Mother.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there substantial evidence of neglect to justify jurisdiction?	Mother contends no deprivation of care proven; two incidents do not establish neglect.	JO asserts a pattern of neglect based on two unauthorized absences shows failure to provide care.	No substantial evidence of neglect; reversed and remanded to return child.

In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (unified family-court system; one judge for one family guidance)
In re C.A.D., 995 S.W.2d 21 (Mo.App. W.D.1999) (standard of review for juvenile proceedings; deprivation of care required)
In re G.C., 50 S.W.3d 408 (Mo.App. E.D.2001) (clear and convincing standard for care provision in §211.031)
State v. Pennick, 364 S.W.2d 556 (Mo. 1963) (courts may take judicial notice of their own records)
Meiners Co. v. Clayton Greens Nursing Ctr., Inc., 645 S.W.2d 722 (Mo.App. E.D.1982) (record for appeal must be admitted evidence; cannot rely on excluded materials)