In Re LJD
352 S.W.3d 658
Mo. Ct. App.2011Background
- L.J.D. was removed from Welch's care in March 2008 due to unsanitary conditions and is in DSS custody for reunification efforts.
- DSS sought termination of Welch's parental rights based on alleged permanent mental illness, failure to provide a safe home, and failure to rectify dangerous conditions under §§211.447.5(2)-(3).
- Dr. Karen MacDonald diagnosed Welch with mild mental retardation and depression, testifying these conditions could impair parenting but were potentially remediable with treatment.
- The trial court terminated Welch's parental rights in December 2010, finding mental illness and failure to rectify a dangerous condition supported termination, and that termination was in L.J.D.'s best interest.
- Welch appealed arguing lack of sufficient evidence for mental illness termination, inadequate home, minimal progress on social service goals, and futility of further services; the Eastern District reversed due to insufficient evidence and remanded.
- The opinion clarifies that termination cannot be based solely on disability without showing causal harm and requires current evidence of unremedied dangerous conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mental illness as basis for termination | Welch lacked a permanent/irreversible mental condition. | Court found permanent mental condition under 211.447.5(2)(a). | Insufficient evidence; mental illness not shown to be permanent or causally harming care. |
| Adequacy of Welch's home under 211.447.5(2)(d) | Welch failed to provide an adequate current home for L.J.D. | Evidence showed past unsanitary home but current home generally clean and safe. | Insufficient current evidence of a harmful condition; home met minimal standards. |
| Progress toward social service goals under 211.447.5(3) | Welch made only minimal or no progress toward goals. | Welch substantially complied or progressed toward goals. | Court erred in finding only minimal progress; substantial progress shown under the record. |
| Effectiveness of DSS services under 211.447.5(3)(b) | Further services unlikely to help Welch. | Services had aided and could continue to assist. | Issue moot since failure to remedy not established; cannot support termination on this basis. |
| Best interests and parent-child bond | No sufficient bond and continued services unlikely to help. | There is emotional bond; continuing services could aid return. | Court did not reach this after reversing grounds; bond evidence suggested relationship exists. |
Key Cases Cited
- In re K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (necessity to show permanent or non-reversible mental illness and causal harm to child)
- In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (clear, cogent, and convincing evidence required; not automatic termination)
- In re A.S.W., 137 S.W.3d 448 (Mo.2004) (group parenting; disability alone not basis for termination)
- In re C.W., 211 S.W.3d 93 (Mo. banc 2007) (current status of condition essential; past acts not enough)
- In re E.D.H., 138 S.W.3d 761 (Mo.App. E.D.2004) (smoking around asthmatic child as factor in termination)
- In re B.L.H., 158 S.W.3d 269 (Mo.App. E.D.2005) (subsections of §211.447.5(3) are organizational, not separate grounds)