445 S.W.3d 616
Mo. Ct. App.2014Background
- Mother appeals the termination of parental rights to three children after the circuit court found failure to rectify under § 211.447.5(3) and that termination was in the children’s best interests.
- The trial court found the conditions leading to juvenile court jurisdiction persisted and were unlikely to be remedied in time for return.
- Dr. Bradford diagnosed mood disorder, bipolar tendencies, and personality disorders; therapists consistently found Mother unable to meet minimal parenting standards.
- Mother had longstanding anger management issues, dependency on medical care, and volatile interactions with Father and others involved in care.
- All three children had been in foster care for multiple years; CD and the GAL recommended termination to achieve permanency.
- The appellate court affirmed, holding the evidence supported the failure-to-rectify findings and the best-interest determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the failure-to-rectify findings were clearly supported | Mother argues she complied with key treatment elements | Greene County contends evidence shows no meaningful, lasting change | Yes; findings supported; not against the weight of the evidence |
| Whether the best-interest findings support termination | Mother contends best interests were not proven | State argues permanency and welfare favored termination | Yes; termination in best interests affirmed |
Key Cases Cited
- In re IRS, 361 S.W.3d 444 (Mo.App. 2012) (establishes failure-to-rectify framework and standards)
- In re P.J., 403 S.W.3d 672 (Mo.App. 2012) (clarifies rectification standards and remedial prospects)
- In re T.A.L., 328 S.W.3d 238 (Mo.App. 2010) (discusses continued risk and remedy considerations)
- In re J.L.G., 399 S.W.3d 48 (Mo.App. 2013) (against-weight review; sufficiency of grounds for TPR)
- In re G.G.B., 394 S.W.3d 457 (Mo.App. 2013) (partial compliance not equivalent to failure to rectify; credibility matters)
- In re I.G.P., 375 S.W.3d 112 (Mo.App. 2012) (against-weight review guidance for sobering analysis)