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In Re Klc
332 S.W.3d 330
Mo. Ct. App.
2011
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Background

  • Father seeks termination of his parental rights to his child, K.L.C., after prior involuntary terminations of his rights to two or more siblings; Child was taken into protect care soon after birth (Jan 2008) due to concerns about parents’ ability to care for her; Mother suffers from schizoaffective disorder and other mental health issues; Father and Mother jointly received services and attempted reunification but it was determined unsafe; Visitation escalated over time but required supervision and ongoing third-party assistance; Court found Father failed to safeguard Child from Mother’s limitations, and his unemployment and limited finances contributed to neglect.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the finding of neglect supported by substantial evidence? Father Greene County argued neglect proven Yes, neglect proven by clear, cogent, convincing evidence
Was the finding of failure to rectify supported by substantial evidence? Father County contends failure to rectify established Court addressed but did not need to rely on this due to neglect finding
Was termination in Child’s best interests supported by the record? Father Termination best for permanency and safety Yes, best interests supported by substantial evidence and GAL recommendation

Key Cases Cited

  • In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (strict construction in favor of preserving parent-child liberty interests)
  • In re K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (clear, cogent and convincing standard governs termination findings)
  • In re M.R.F., 907 S.W.2d 787 (Mo.App. S.D.1995) (view evidence in light most favorable to trial court’s decision)
  • In re C.L.W., 115 S.W.3d 354 (Mo.App. S.D.2003) (neglect includes failure to protect from an unsuitable caretaker)
  • In re M.W.S., 160 S.W.3d 435 (Mo.App. W.D.2005) (parental history relevant to current danger to child)
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Case Details

Case Name: In Re Klc
Court Name: Missouri Court of Appeals
Date Published: Jan 31, 2011
Citation: 332 S.W.3d 330
Docket Number: SD 30632
Court Abbreviation: Mo. Ct. App.