358 S.W.3d 549
Mo. Ct. App.2012Background
- C.B.G. (Father) appeals a judgment terminating his parental rights to C.J.G., born Dec 2001, who has resided in the same foster home since birth.
- Mother abused another of Father’s children in 2001; C.J.G. was removed from Mother’s home after a hotline report and Father later pressed charges against Mother.
- Father had a history of criminal activity and substance issues; he underwent substantial rehabilitation while incarcerated and since.
- The Children’s Division repeatedly sought termination starting in 2003; Father received little to no services offered by the Division prior to termination.
- The trial court found two grounds for termination: neglect under 211.447.5(2) and failure to rectify under 211.447.5(3), plus related best-interests factors; the court also noted lack of service-plan compliance and limited visitation history.
- This Court reversed the termination, holding there was no substantial evidence to support either ground at the time of termination, and remanded for visitation and attorney-fee matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether neglect was proven by current conduct. | Father’s chemical dependency and lack of current harmful conduct were not proven. | The Division argued Father’s past chemical dependency and failure to provide care supported neglect. | Neglect not proven by current conduct; reversal of termination on this ground. |
| Whether failure to rectify the conditions that led to jurisdiction supports termination. | Father remained married to the mother and lived with her, the alleged harmful condition persists, warranting termination. | Marriage to the convicted mother constitutes a failure to rectify; court should terminate. | Failure to rectify not proven; reversal of termination on this ground. |
Key Cases Cited
- In re D.O., 315 S.W.3d 406 (Mo.App. S.D.2010) (establishes standard for reviewing termination)
- In re S.M.H., 160 S.W.3d 355 (Mo. banc 2005) (limits when past behavior supports termination; must link to future harm)
- In re C.A.L., 228 S.W.3d 66 (Mo.App. S.D.2007) (service agreement compliance not alone grounds for termination)
- In re C.G., 212 S.W.3d 218 (Mo.App. S.D.2007) (procedural requirements for termination; social study necessity)
- In re K.A.W., 133 S.W.3d 1 (Mo. 2004) (strict construction of termination statutes; past conduct must predict future harm)