K.D.P. v. Juvenile Officer
2012 Mo. App. LEXIS 810
Mo. Ct. App.2012Background
- Mother’s parental rights to Child I.G.P. were terminated under §211.447.5(3) after persistent issues with substance abuse, mental illness, and unsafe living conditions over several years.
- Child was born in 2005; Father’s rights were terminated in 2011; a petition to terminate Mother’s rights was filed in 2011 and judgment entered November 4, 2011.
- Prior to Child’s birth, Mother received services due to abuse/neglect in her other children, with ongoing substance abuse and mental health problems.
- Child was placed with Mother on a trial home placement in 2007 but conditions deteriorated and Child was removed; multiple services were provided over the years, including in-home and inpatient treatment, therapy, and supervision.
- The trial court found that conditions leading to jurisdiction persisted and that termination was in Child’s best interest; the Missouri Court of Appeals granted correction for a clerical error but affirmed termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence under §211.447.5(3) to terminate | Mother argues insufficient grounds. | Court found grounds due to persistent conditions. | Yes; substantial evidence supported termination under (3). |
| Whether a permanent mental condition justifies termination | Mother contends mental illness does not render her unable to care for Child. | Evidence shows permanent/untreatable mental illness impacting care. | Yes; mental illness rendered Mother unable to provide care. |
| Whether chemical dependency prevents care and cannot be treated | Mother claims treatment could address dependency. | Substance abuse and continued use prevented reliable care. | Yes; chemical dependency prevented consistent care and was not remedied. |
| Whether termination is in Child’s best interest | Mother argues ongoing bond and potential for reunification. | Best interests require permanency and safety; ongoing risk from Mother’s issues. | Yes; termination was in Child’s best interest. |
| Clerical error in judgment about statutory basis | N/A | Judgment mis-stated the statute; needed correction. | Clerical error corrected to §211.447.5(3). |
Key Cases Cited
- In re L.J.D., 352 S.W.3d 658 (Mo. App. 2011) (standard for §211.447.5(3) termination and sufficiency of evidence)
- In re L.J.D., 352 S.W.3d 675 (Mo. App. 2011) (analysis of service plans and why failure to progress supports termination)
- In re K.A. W., 133 S.W.3d 1 (Mo. banc 2004) (mental illness termination standards; permanency and control of care)
- In re K.K., 224 S.W.3d 139 (Mo. App. 2007) (weight of evidence and permanency considerations for mental health)
- In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (importance of progress toward social service plan terms)