C.L.B. v. Greene Cnty. Juvenile Office (In re Interest of C.E.B.), SD 35537

• Decision Date: 26 November 2018
• Docket Number: No. SD 35537,SD 35537
• Citation: 565 S.W.3d 207
• Parties: In the INTEREST OF: C.E.B., a minor child under seventeen years of age, C.L.B., Respondent-Appellant, v. Greene County Juvenile Office, Petitioner-Respondent.
• Court: Missouri Court of Appeals

565 S.W.3d 207

In the INTEREST OF: C.E.B., a minor child under seventeen years of age,

C.L.B., Respondent-Appellant,

v.Greene County Juvenile Office, Petitioner-Respondent.

No. SD 35537

Missouri Court of Appeals, Southern District, Division Two.

Filed: November 26, 2018

Attorney for Appellant: Marsha D. Jackson of Springfield, MO.

Attorney for Respondent, Greene County Juvenile Office: R. Paul Shackelford of Springfield, MO.

Attorney for Respondent, Missouri Department of Social Services, Children’s Division: Jon T. Wagner of Springfield, MO.

Attorney for Minor: Kristin S. Jones of Springfield, MO.

JEFFREY W. BATES, J.

C.L.B. (Father) appeals from a judgment terminating his parental rights to his daughter, C.E.B. (Child).¹ The trial court terminated Father’s parental rights on the statutory ground of neglect, due to: (1) a mental condition; (2) chemical dependency; and (3) repeated failure to provide for Child. See § 211.447.5(2)(a), (b) and (d).² Father presents five points for decision. Father’s first point contends the trial court erred in "holding a Permanency Hearing on the same date as the Jurisdictional Hearing[.]" Father’s next three points contend that the findings were against the weight of the evidence with respect to each of the three aforementioned factors supporting the neglect ground for termination. Father’s fifth point contends the trial court abused its discretion by finding that termination was in Child’s best interest. We affirm.

Standard of Review

A trial court’s judgment terminating parental rights "will be affirmed if the record supports at least one ground and supports that termination is in the best interest of the children." J.A.R. v. D.G.R. , 426 S.W.3d 624, 630 (Mo. banc 2014). We review a statutory ground for termination by determining whether the ruling is supported by substantial evidence, is against the weight of the evidence, or involves an erroneous application or declaration of the law. Id . at 626 ; In re Adoption of C.M.B.R. , 332 S.W.3d 793, 815 (Mo. banc 2011). The judgment will be reversed only if we are left with a firm belief that the judgment is wrong. C.M.B.R. , 332 S.W.3d at 815. We view "the evidence and permissible inferences drawn from the evidence in the light most favorable to the judgment." C.M.B.R. , 332 S.W.3d at 801. We defer to the trial court’s assessment of credibility. Id . at 815. An abuse-of-discretion standard is used to review a trial court’s decision that termination of parental rights is in the child’s best interest. Id . at 816 ; see J.A.R. , 426 S.W.3d at 626. The trial court’s judgment is presumed valid, and the burden is on the appellant to demonstrate that it is incorrect. Houston v. Crider , 317 S.W.3d 178, 186 (Mo. App. 2010). Further, "this Court reviews for prejudice and not mere error." Matter of Care & Treatment of Sebastian , 556 S.W.3d 633, 645 (Mo. App. 2018). "Trial court error is not prejudicial unless there is a reasonable probability that the trial court’s error affected the outcome of the trial." Id . at 645-46 ; see Jones v. Jones , 536 S.W.3d 383, 385 (Mo App. 2018).

Factual and Procedural Background

Child’s mother and Father have a history with the Children’s Division (Division) and the juvenile division of the 31^st Circuit Family Court Division. See 31^st Judicial Circuit Local Rules 1.2 and 1.2.1.³ The couple had another child – Child’s full sibling (Sibling), under the court’s jurisdiction from February 2014 through December 2015. Sibling came into care after testing positive at birth for methamphetamine and amphetamine. The court terminated jurisdiction due to adoption. Both mother and Father voluntarily terminated their parental rights to Sibling in August 2015.

Child was born in February 2017. At birth, Child also tested positive for amphetamines, and "was going through withdrawals at the time." Father knew mother was using methamphetamine while she was pregnant with Child. At that time, Father also used methamphetamine "on and off" and did not seek treatment. After Child was born, Father and mother argued at the hospital. Mother was not cooperative with the Division investigator and ultimately left the hospital against medical advice, leaving Child in the nursery.

The next day, the Division put a safety plan in place whereby Child was discharged from the hospital and placed with mother in the home of the maternal grandmother. Father was not living with mother at the time. Constance Brown was the first Division caseworker assigned to work with the family. Father would not return her phone calls, so she was not able to offer services to him. Father refused to take a drug test. Although instructed to complete a substance abuse assessment at C-STAR, he did not do so. He also continued to engage in domestic violence with mother. Because Father failed to cooperate, the Division was only able to provide initial services to mother. As of June 2017, the Division was providing: (1) Family-Centered Services (FCS) in the home to assist mother with substance abuse treatment and counseling; and (2) Intensive In-Home Services (IIS) in the home in order to assure Child’s safety and prevent Child from coming into alternative care. Due to mother’s ongoing drug use, however, IIS could not assure the safety of Child.

On August 11, 2017, Child came into care. The ongoing concerns included Father’s substance abuse issues and domestic violence with mother.

On September 29, 2017, the court held an adjudication hearing and determined that Child was within the court’s jurisdiction and in need of care and treatment pursuant to § 211.031.1(1). The court found the allegations in the petition for care and treatment to be true. As to Father, the court referenced his history with the Division and the court concerning Sibling in 2014-15. The court also made the following findings with respect to Father’s continuing issues with substance abuse and domestic violence:

The father admitted to a history of substance abuse issues. He reported that "ninety percent" of his usage was marijuana, but he has also used methamphetamine in the past. The father refused to take a drug test stating that it would incriminate him.

Despite [Child] testing positive at birth, ... the parents' lack of cooperation, the father’s admission to drug use and the parents' history with Children’s Division and this Court, Children’s Division offered the ... father services without making a referral to the juvenile office. [F]ather did not follow through with services as directed by Children’s Division. The mother and father continued to have arguments and domestic violence issues. [F]ather did not engage in substance treatment and never submitted to a drug test.

The court also found that "prior to removal, reasonable efforts were made to prevent or eliminate the need for removal, and that those reasonable efforts included [Division] services."

According to the docket sheet, that same day, over Father’s objection, the court also held a permanency hearing. The court found no exceptions to the filing of a termination of parental rights petition and ordered the juvenile office to file such a petition. The court also ordered Father’s prior treatment plan to remain in effect.

On October 4, 2017, the court ordered Father to participate in Family Treatment Court (FTC), which is a program for parents who have a known drug history to get substance abuse treatment and counseling. In order to successfully complete this program, a participant must call in every day, test when asked, and make progress in their treatment program. Father failed to comply with the program and was expelled in January 2018.

On February 14, 2018, the court held a trial to terminate parental rights. The Guardian ad Litem (GAL) appeared on behalf of Child. Father appeared in person and with his attorney. Father also testified at trial.

Division caseworker Austin Brown (Austin) managed Child’s case from August 2017, when Child came into care, to the time of trial.⁴ With respect to Father’s drug testing, Austin testified about an Aversys report indicating that: (1) from October 5, 2017 to December 14, 2017, Father tested positive for amphetamine and THC approximately 19 times; and (2) from November 30, 2017 to January 18, 2018, Father failed to submit to requested drug testing 10 times. As a result, Father was expelled from FTC for noncompliance on January 24, 2018.

Austin further testified that he had not received any verification that: (1) Father had engaged in any substance abuse treatment after being expelled from FTC; or (2) Father had attended NA/AA meetings. On December 11, 2017, Father declined inpatient substance abuse treatment at Recovery Outreach Services. On December 15, 2017, the court suspended Father’s supervised visitation with Child after a positive drug test the day before.

Father did submit to a psychological assessment update in December 2017 with Dr. Mark Bradford, but the doctor’s report was not favorable to Father. Admitting that he is a drug addict, Father reported to Dr. Bradford that he smoked methamphetamine the night before the updated assessment. Father struggled with substance abuse for the four years immediately preceding trial.

Dr. Bradford reported that Father has several diagnosable mental conditions which prevent him from safely caring for a child. The doctor explained that, until Father fixes his drug problem and other problems, he is not a suitable person to care for a child. Dr. Bradford also reported that, at the time of the updated assessment, Father did not meet minimum parenting standards to care for a child.

Austin testified that Father did not have a safe home environment which meets minimum community standards for Child. Throughout Austin’s tenure as case manager, there continued to be ongoing domestic violence between Father and mother. Father did not complete the "HIT No More" program.

Although Father was employed, he did not provide any financial support other than in-kind support for Child. Father...