398 S.W.3d 550
Mo. Ct. App.2013Background
- Children placed in protective custody May 3, 2010; Father incarcerated about two weeks after care began; trial court terminated rights Aug 23, 2012.
- Petitions to terminate filed June 21, 2011; trial held Aug 14, 2012; guardian ad litem recommended termination.
- Griffiths, the caseworker, testified about Father’s limited contact, lack of financial support, and failure to engage services.
- ICPC home study for J.H. (Mother’s relative) was approved but she did not visit or support the Children; placement refused.
- Court found neglect and failure to rectify under Mo. Rev. Stat. § 211.447.5; termination based on best interests affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was clear, cogent evidence to support termination on neglect | Father argues no neglect; incarceration excuses lack of support | State argues incarceration does not preclude neglect finding | Yes; neglect proven by lack of ongoing support and inability to care, despite incarceration. |
| Whether termination was in the Children’s best interests | Office contends totality favors termination for permanency | Father argues potential early release and bonds; not enough to defeat best interest | Yes; termination in best interest supported by lack of commitment and future stability concerns. |
Key Cases Cited
- In re S.M.B., Jr., 254 S.W.3d 214 (Mo.App. S.D. 2008) (clear, cogent and convincing standard; evidence may be weighed against parent)
- In re C.L.W., 115 S.W.3d 354 (Mo.App. S.D. 2003) (two-step termination framework; sustained on grounds and best interest)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (abuse of discretion standard for appellate review of termination)
- In re L.N.D., 219 S.W.3d 820 (Mo.App. S.D. 2007) (incarceration does not absolve parent from minimal support duties)
- In re M.L.K., 804 S.W.2d 398 (Mo.App. W.D. 1991) (incarceration not excusing continued parental relationship evidence)
- In re J.M.S., 83 S.W.3d 76 (Mo.App. W.D. 2002) (incarceration may exist with termination when appropriate)