520 S.W.3d 828
Mo. Ct. App.2017Background
- Child born April 2014 tested positive at birth for multiple controlled substances; Mother also tested positive and admitted to using morphine during pregnancy. Child removed at three weeks and placed in foster care.
- Mother entered a service agreement requiring drug treatment, random drug screens, parenting classes, counseling, stable housing and employment; she completed a 21-day inpatient program but otherwise failed to comply.
- Between April 2014 and May 2016 Mother had 30 drug tests with 29 positives for substances including marijuana, opiates, methamphetamine, and prescription opioids; Mother admitted recent positive tests and ongoing drug use at trial.
- Juvenile officer filed a petition to terminate parental rights alleging prolonged foster care, chemical dependency preventing care, abuse/neglect, and failure to provide financial support; guardian ad litem and caseworker recommended termination.
- Trial court found clear, cogent, and convincing evidence of statutory grounds under Mo. Rev. Stat. § 211.447.5(2) and (3) and that termination was in Child’s best interest; Mother appealed.
Issues
| Issue | Mother’s Argument | State/Respondent’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence supporting termination (including alleged hearsay drug-test evidence) | Trial court relied on inadmissible hearsay and insufficient evidence of drug use, chemical dependency, abuse/neglect, and untreatability | Caseworker testimony, Mother’s admissions, drug-test results, and GAL recommendation supported findings | Affirmed: Mother’s briefing failed to preserve distinct appellate challenges; record supports termination and Mother admitted drug use at trial |
| Whether trial court made required statutory findings under §211.447 | Mother contends court failed to make necessary findings to show statutory predicates for termination | Court’s judgment and record support findings; Mother failed to preserve specific challenges | Denied: briefing and preservation defects; court’s findings adequate for appellate review |
| Weight-of-evidence and substantial-evidence claims | Mother argues judgment is against the weight and unsupported by substantial evidence | State points to credibility deference, trial court’s factual findings, and Mother’s admissions | Denied: Appellate court will not reweigh credibility; Murphy standard controls and Mother’s arguments were procedurally defective |
| Ineffective assistance of counsel for failure to file post-trial motion preserving errors | Mother asserts prejudice from counsel’s failure to timely move to amend judgment to preserve findings | State: Mother received a meaningful hearing; failure to preserve error does not deny a fair trial absent constitutional violation | Denied: Point insufficiently pleaded and record fails to show counsel’s performance deprived Mother of a fair hearing |
Key Cases Cited
- J.A.R. v. D.G.R., 426 S.W.3d 624 (Mo. banc 2014) (trial-court credibility findings receive deference on appeal)
- In re Adoption of C.M., 414 S.W.3d 622 (Mo. App. S.D. 2013) (appellate court must ignore evidence that favors the terminated parent)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standards for appellate review of trial-court judgments)
- Ivie v. Smith, 439 S.W.3d 189 (Mo. banc 2014) (requirement that distinct appellate claims be separately pleaded)
- Houston v. Crider, 317 S.W.3d 178 (Mo. App. S.D. 2010) (analytical sequence for substantial-evidence and against-the-weight claims)
- In the Interest of J.P.B., 509 S.W.3d 84 (Mo. banc 2017) (right to counsel in termination proceedings includes effective assistance)
- Everage v. State, 229 S.W.3d 99 (Mo. App. W.D. 2007) (failure to preserve error does not by itself negate the right to a fair trial)