In the Interest D.L.W.
2012 Mo. App. LEXIS 1363
Mo. Ct. App.2012Background
- Feb. 15, 2008: trial court found Father sexually abused AMJW; court assumed jurisdiction over AMJW and DLW and removed them from home.
- Dispositional order required Father to engage in sexual-offender counseling and denied visitation until therapists approved.
- Father complied with hearings, child support, and counseling attempts but failed to complete counseling due to not admitting abuse.
- Petitions to terminate parental rights filed Feb. 21, 2012 following years of continued removal and lack of successful counseling.
- Trial dates set for Jan. 13, 2012 and Jan. 19, 2012; Father sought continuance which was denied; he later spoke at a hearing on Jan. 26 under Fifth Amendment.
- Trial court ultimately terminated Father’s parental rights on Feb. 21, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of continuance violated due process | Father asserts due process violation | Court properly denied continuance for noncompliance with Rule 65.03 | No reversible error; no abuse of discretion |
| Whether admission of failed counseling evidence violated Fifth Amendment | Admission infringed Fifth Amendment and could undermine termination | Evidence admissible; not sole basis for termination | Not outcome-determinative; termination supported by multiple grounds |
Key Cases Cited
- In re S.R.J., Jr., 250 S.W.3d 402 (Mo.App. E.D.2008) (standard for termination standards on first prong)
- In re A.S.W., 137 S.W.3d 448 (Mo. banc 2004) (clear, cogent, and convincing standard Defined)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (abuse of discretion standard guidance)
- In re K.A.W., 133 S.W.3d 1 (Mo. banc 2004) (due process and best interests framework in TPR)
- In re E.A.C., 253 S.W.3d 594 (Mo.App. S.D.2008) (protecting parent’s right to defend; due process considerations)
- In re P.L.O., 131 S.W.3d 782 (Mo. banc 2004) (best interests and preponderance standard framework)
- In re D.C., 49 S.W.3d 694 (Mo.App. E.D.2001) (continuance denial reviewable for abuse of discretion)
- In re M.P.W., 983 S.W.2d 593 (Mo.App. W.D.1999) (continuance discretion limits)