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