W.J. v. A.S.M.
2014 Mo. App. LEXIS 208
Mo. Ct. App.2014Background
- Mother appeals judgments that (1) the Children’s Division is not required to make reasonable reunification efforts under Mo. Rev. Stat. § 211.183.7 after removal, (2) based on a finding that Mother subjected her children to a severe act or recurrent acts of abuse by Stepfather, (3) the court retained custody in foster care, (4) a permanency hearing directed termination proceedings, (5) evidence shows Stepfather’s sexual abuse of S.C., N.G., and W.J. and Mother’s knowledge or reason to know, (6) prior unsubstantiated hotline investigations were discussed by the court but not fatal to the finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports the severe-act finding | Mother argues no single act; weight of evidence insufficient | State contends totality shows knowledge or reason to know of abuse | Yes; substantial evidence supports the finding and affirmance of the severance from reunification |
Key Cases Cited
- In re G.G.B., 394 S.W.3d 457 (Mo.App.E.D.2013) (authority on appellate review of juvenile decisions)
- In re C.A.D., 995 S.W.2d 21 (Mo.App.W.D.1999) (continuing jurisdiction; finality of judgments in juvenile cases)
- In re N.B., 64 S.W.3d 907 (Mo.App.S.D.2002) (authority on appeals from reunification decisions)
- In re G.F.M., 169 S.W.3d 109 (Mo.App.W.D.2005) (standard of review for court-tried civil juvenile matters; credibility deference)
- In re W.C., 288 S.W.3d 787 (Mo.App.E.D.2009) (unsubstantiated investigations and relevance to severe-act finding)
- In re A.H., 45 S.W.3d 899 (Mo.App.E.D.2001) (evidence of severe acts may be inferential; not limited to single act)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (credibility determinations bound on appeal)