Officer v.

• Decision Date: 04 March 2014
• Docket Number: No. WD 76303.,WD 76303.
• Citation: 423 S.W.3d 824
• Parties: JUVENILE OFFICER, Respondent, W.J., S.C. and C.M., Respondents, v. A.S.M. (Mother), Appellant.
• Court: Missouri Court of Appeals

423 S.W.3d 824

JUVENILE OFFICER, Respondent,

W.J., S.C. and C.M., Respondents,

v.A.S.M. (Mother), Appellant.

No. WD 76303.

Missouri Court of Appeals,

Western District.

March 4, 2014.

Julie A. Highley–Keutzer, Harrisonville, MO, for respondent Juvenile Officer.

Lynn S. Laffoon, Peculiar, MO, for appellant.

Before Division One: CYNTHIA L. MARTIN, Presiding Judge, MARK D. PFEIFFER, Judge and KAREN KING MITCHELL, Judge.

CYNTHIA L. MARTIN, Judge.

A.S.M. (“Mother”) appeals from the trial court's entry of judgments finding that, pursuant to section 211.183.7,¹ the Children's Division is not required to make reasonable efforts to reunify S.C., W.J., and C.M. with Mother. Mother argues that the trial court's finding that Mother subjected S.C., W.J., and C.M. to a severe act or recurrent acts of physical, emotional,or sexual abuse was not supported by substantial evidence and was against the weight of the evidence. We affirm.

Factual and Procedural History ²

Mother married C.S.M. (“Stepfather”) in 2004. Mother is the biological mother to four children: S.C., a girl who was fourteen years old at the time of the trial court's judgments; N.G., a boy who was twelve years old at the time of the trial court's judgments; W.J., a boy who was seven years old at the time of the trial court's judgments; and C.M., a boy who was two years old at the time of the trial court's judgments. Stepfather is the biological father to W.J. and C.M., while S.C. and N.G. have different biological fathers.

On April 15, 2012, N.G. disclosed to his biological father that he had been sexually molested by Stepfather and that the abuse had been occurring since N.G. was four years old. Upon learning of the abuse, N.G.'s biological father contacted law enforcement officials as well as the Children's Division. The Children's Division arranged for N.G. to have a forensic interview regarding the allegations of sexual abuse. During the forensic interview, N.G. disclosed that he had been sexually abused by Stepfather several times. N.G. wrote on a piece of paper that “[Stepfather] raped me” and that the Stepfather “made me get naked and made me do whatever he wanted.” N.G. explained that Stepfather forced N.G. to engage in fellatio with Stepfather and that Stepfather also placed his penis in N.G.'s anus. N.G. also indicated during the forensic interview that he witnessed Stepfather sexually abuse S.C. and W.J. N.G. stated that Mother was present in the home when some of the sexual abuse occurred.

An investigator from the Children's Division visited Mother and Stepfather's residence on April 18, 2012. The investigator informed Mother and Stepfather that the Children's Division was investigating allegations of sexual abuse by Stepfather and that the investigator would need to speak to S.C. and W.J. privately regarding the allegations. S.C. and W.J. both denied being touched inappropriately when they spoke with the investigator and each said that they felt safe in the home.

Mother told the investigator that the family had been investigated previously for hotline reports of child abuse and that each prior report had been found to be unsubstantiated. In particular, the family had a number of prior hotline reports, including allegations that Stepfather touched S.C. inappropriately and that Stepfather helped S.C. bathe and change menstrual pads. Mother was present for each prior investigation and knew the nature of the hotline reports being investigated.

The next month, May 2012, Mother allowed S.C. to travel to Colorado with Stepfather. On the way, Stepfather stopped at a rest stop and raped S.C. in the car. While in Colorado, Stepfather and S.C. stayed with Stepfather's father and stepmother. Despite having the option to sleep on couches, Stepfather and S.C. slept on an air mattress together. Stepfather's stepmother walked in on Stepfather and S.C. while the two were on the air mattress. S.C.'s pants were pulled down at the time, and Stepfather threw a blanket over her. Stepfather and S.C. then went to stay at a hotel, where Stepfather raped S.C.

While S.C. and Stepfather were in Colorado, S.C. began feeling ill. Stepfather bought S.C. a home pregnancy test, which revealed that S.C. was pregnant. At the time she took the home pregnancy test, S.C. was thirteen years old and knew that Stepfather was the father of the baby. Stepfather was angry when he found out that S.C. was pregnant and told S.C. to lie about how the child was conceived. When S.C. spoke with Mother on the phone about the pregnancy on May 27, 2012, S.C. told Mother that she was raped by an unknown boy while she was at an aunt and uncle's house in Raymore, Missouri. S.C. testified that she lied because she was afraid Stepfather would hit her, her brothers, or Mother.

Stepfather and S.C. traveled back to the family home in Missouri on May 29, 2012. Mother arranged for S.C. to visit her pediatrician to confirm the pregnancy. On May 30, 2012, S.C. saw Dr. Quyen Dam (“Dr. Dam”), and Mother, Stepfather, and C.M. accompanied her to the appointment. Dr. Dam examined S.C. and confirmed the pregnancy. S.C. told Dr. Dam that the pregnancy was a result of being raped by an unknown boy. Dr. Dam informed the family that she had an obligation to report the rape of S.C. to Children's Division officials and told the family to report the rape to the police. Dr. Dam also gave S.C., Mother, and Stepfather a list of obstetricians and, in response to Stepfather's request, abortion providers. Mother informed Dr. Dam that S.C. would be having an abortion.

Later on May 30, 2012, Dr. Dam telephoned Mother to inform Mother that she had already made a report of the rape to the Children's Division and asked if the family had reported the rape to the police. Mother responded that she had not yet reported the rape because she had not had time. In fact, Mother never contacted the police to report the rape by the unknown boy.

Upon learning of S.C.'s pregnancy, the Children's Division submitted a non-caretaker referral report ³ to the Raymore Police Department and the Cass County Juvenile Office on May 31, 2012. On June 1, 2012, Detective Rachel Jacobson (“Detective Jacobson”) of the Raymore Police Department received a report dated May 31, 2012, from the Children's Division regarding the rape of S.C. by an unknown boy. The report indicated that S.C. was pregnant and that the family had previously been investigated by the Children's Division regarding alleged sexual abuse of S.C., N.G., and W.J. by Stepfather.

Detective Jacobson went to Mother and Stepfather's residence during the evening hours of June 1, 2012, to investigate the allegations set forth in the non-caretaker referral report. Mother and Stepfather informed Detective Jacobson that they had been too busy to report the rape of S.C. by an unknown boy to the police. Mother and Stepfather relayed the story of their discovery of S.C.'s pregnancy and of the rape by the unknown boy. Detective Jacobson described Mother and Stepfather's behavior during her visit to their house as “odd” for the situation because Mother and Stepfather “didn't really seem like they cared.” Detective Jacobson also talked to S.C., who “relayed the same generic story” about the rape by the unknown boy.

After speaking with S.C., Detective Jacobson again spoke with Mother and Stepfather to explain that someone would be in contact with them to set up a forensic interview of S.C. Mother informed Detective Jacobson that S.C. had an appointment at Planned Parenthood for an abortion the next week. Detective Jacobson told Mother and Stepfather that she would be coordinating with Planned Parenthood to collect the fetus for genetic testing. Mother and Stepfather appeared “stunned” in reaction to Detective Jacobson's statement. Later, Detective Jacobson learned that S.C.'s appointment for an abortion had been cancelled. Mother explained that she cancelled the appointment because she did not have S.C.'s birth certificate.

S.C., W.J., and C.M. were removed from Mother and Stepfather's custody on June 7, 2012, and the trial court issued orders of protective custody for the three children shortly thereafter.⁴ The Cass County Chief Juvenile Officer (“Juvenile Officer”) filed first amended petitions with respect to S.C., W.J., and C.M. Each first amended petition alleged that Mother was aware of sexual abuse perpetrated by Stepfather on S.C., N.G., and W.J. and asked the trial court to “enter such judgment as [it] shall find to be necessary.”

The trial court held a hearing to consider whether the situation supported a “severe acts finding” pursuant to section 211.183.7. Several witnesses testified during the hearing, including S.C., N.G., N.G.'s biological father, Dr. Dam, Detective Jacobson, and Mother. At the time of the hearing, Mother was still married to Stepfather and had indicated that “she was working on her marriage.”

At the time of the hearing, S.C. was fourteen years old and had given birth to a baby girl. DNA testing established that the baby girl's biological father was Stepfather. S.C. testified that Stepfather began touching her sexually when she was in kindergarten. In particular, Stepfather touched S.C.'s breasts and vagina with his hands and placed his penis in her mouth. S.C. also recalled that Stepfather had raped her several times. S.C. testified that Mother witnessed Stepfather pinch S.C.'s breasts on at least one occasion, and Mother told S.C. not to tell anyone that Stepfather touched her in that way. Further, S.C. testified that most of the sexual abuse by Stepfather happened in the home and that Mother was present in the home when the abuse occurred. S.C. also testified that Mother asked her several times if “anything (sexual) was going on.”

N.G. testified during the hearing that he told the truth during the forensic interview in April 2012. A video recording of the forensic interview, during which N.G. stated that he witnessed Stepfather sexually abuse S.C. and W.J., was...