Family
Termination Affirmed Before Harm Occurred
Greater deference is granted to circuit court in custody proceedings than in other cases. Parent’s mental illnesses included auditory hallucinations of a voice telling parent to hurt child, and were unlikely to be remedied soon, even with medication and other services. Those facts constitute grounds for termination as failure to rectify. “Thus, while it is fortunate that Mother has not harmed her children, her past behavior and ongoing symptoms indicate a likelihood of future harm.” Parent’s failure to support child financially supported a finding that termination was in child’s best interest.
In The Interest Of T.J.P., Jr. Juvenile Officer vs. T.L. (Mother)
(Overview Summary)
Missouri Court of Appeals, Western District – WD76551
Reasonable Efforts Not Required
Statutes provide that reasonable efforts at reunification are required before and after removal of child from parental care, but not if severe act of abuse occurred. Standard of proof is preponderance of evidence in the totality, which showed that parent knew of spouse’s ongoing physical and sexual abuse of child. Uncharged acts of physical and sexual abuse to other children were admissible to show motivation for spouse’s behavior and victim’s reluctance to report. Unsubstantiated reports are not evidence of guilt but imply that appellant should have known of ongoing abuse. Continuing jurisdiction of circuit court over child does not stop judgment from becoming final.
Juvenile Officer W.J., S.C. and C.M. vs. A.S.M. (Mother)
(Overview Summary)
Missouri Court of Appeals, Western District – WD76303
Non-Compliance Terminates Child Support
Statute continues child support obligation through higher education but deems child emancipated if she enrolls “either full-time with a minimum of 12 hours or part-time with a minimum of nine hours plus employment of 15 hours per week.” Statute also provides exception to minimum enrollment for illness, but no diagnosis was in evidence. Statute places burden of reporting information on higher education on child, not on custodial parent so, though custodial parent’s efforts to back up child’s compliance did not meet statutory standards, parent was not liable for attorney fees.
Tracy M. Atkinson, Respondent, v. Douglas D. Atkinson, Appellant.
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED99492