Greene Cnty. Juvenile Office v. E.A.F. (In re Interest of C.E.A.)
| Decision Date | 27 May 2022 |
| Docket Number | SD 37317 |
| Citation | 646 S.W.3d 419 |
| Parties | In the INTEREST OF C.E.A., Minor, Greene County Juvenile Office, Respondent, v. E.A.F., Appellant. |
| Court | Missouri Court of Appeals |
ATTORNEY FOR APPELLANT – Jason T. Umbarger, Springfield, MO.
ATTORNEY FOR RESPONDENT – R. Paul Shackelford, Springfield, MO.
E.A.F. ("Mother") appeals the judgment terminating her parental rights to her child, C.E.A. ("Child"), on the grounds of neglect, section 211.447.5(2), failure to rectify, section 211.447.5(3), and parental unfitness, section 211.447.5(5).1 Mother raises four points on appeal. In point 1, Mother claims she "was not afforded effective assistance of counsel because [she] was deprived of a meaningful hearing" since the parties and witnesses appeared virtually for portions of the trial. In point 2, Mother claims the trial court erred in terminating Mother's parental rights on the statutory grounds of neglect and failure to rectify by misapplying the law. In point 3, Mother argues the trial court erred in terminating her parental rights on the statutory ground of failure to rectify by "relying upon grounds that existed when the trial court first assumed jurisdiction." In point 4, Mother argues the trial court erred in "failing to make a record of the proceedings ... by failing to require certification of connection status of participants." Finding no merit in Mother's points, we affirm.
The trial for this case took place during the COVID-19 pandemic over several days in September 2020 and March 2021. For portions of the trial, the parties and witnesses appeared virtually. The evidence, viewed in the light most favorable to the judgment, is as follows. See In Interest of T.T.G. v. K.S.G. , 530 S.W.3d 489, 491 (Mo. banc 2017).
Child was born in September 2013. In May 2016, when Child was two and a half years old, Child came under the care and custody of the Children's Division ("the Division") after a Division investigator visiting Mother's home became concerned about drug paraphernalia in the home, domestic violence in the home, Mother's struggles with drug addiction, and Child's extreme and aggressive behavior.
Prior to May 2016, Child had an unstable lifestyle. Mother and father abused drugs and engaged in domestic violence in front of Child. Mother was not attentive to Child and was "never really a parent to him." In a July 2016 interview with Jo Lowery ("Lowery"), a case worker for the Division, Mother admitted Child witnessed frequent physical aggression between Mother and father. Lowery testified Mother was "farming [Child] out to other relatives and [had] signed powers of attorney" when Child was in Mother's care. Child believed he had been physically abused by Mother and told a parent aide that Mother would "smack [him] in the face" and yell at him. Child also described father as a man who was very scary.
Child was traumatized by the domestic violence he witnessed in the home. When he first came into care, he was covered in scabies. Child "was feral" and exhibited extreme behavioral issues, so extreme that Isabel's House, a crisis nursery, refused to provide housing for Child because of his aggressive and wild behavior. Relatives and friends also refused to serve as a placement option due to his aggression. While living in his first foster home, Child was nonverbal—he would grunt, scream, and yell. He would also hit, choke, and bite people. When angry, he would engage in self-harm, by squeezing his penis until it turned black and blue, biting his lip until it bled, and scratching himself.
Due to Child's extreme behavior, it was almost impossible to find anyone to take him. Child was placed "in an elevated needs foster home[.]" When asked if an elevated needs placement for Child was appropriate, Lowery responded, According to Lowery, Child's behaviors were the most bizarre behaviors she had ever seen.
After turning three, Child had a psychiatric evaluation with Dr. Kyle John ("Dr. John"). Child's behaviors were so extreme that Dr. John prescribed Child a mood stabilizer with an antipsychotic component, which is only prescribed in severe cases, and rarely for children of Child's age.
Child's behavior became too much for his first foster parents, and Child was eventually placed with a more experienced foster parent for children with elevated needs. While in this foster parent's care, Child would smear feces all over the place, urinate anywhere on purpose, and once pulled a television down from a shelf. However, with intensive services and dedicated care, Child's behavior eventually began to improve.
In November 2016, Child met another foster child at church and the two children developed a strong bond. Child began frequently visiting the boy's home—the Boone family's home—for playdates and activities. Initially, Child's behavior during these playdates was out of control—he would urinate on carpets, throw things, and try to choke Mrs. Boone who was supervising the playdates. Despite these challenges, the Boones attended a training for elevated-needs children and in May 2017, Child moved in with the Boone family as a transition to a possible permanent home.
At the time of trial, Child had spent about four years with the Boone family and had lived with them for over three years. Child's behavior dramatically improved while in the Boone home. At the time of trial, Child considered the Boones his family and was adamant he wanted to be adopted by them.
Lowery supervised visits between Mother and Child in July 2016. After these visits, Child was out of control, would not sleep, had night terrors, and engaged in more self-harming behaviors. A therapist, Casey Rogers, who worked with Child at that time, recommended Mother's visits be suspended. These visits were eventually suspended due to the negative effects the visits had on Child and because of Mother's non-compliance with Family Treatment Court.
From July 19, 2017 to January 3, 2018, Raquel Morrow ("Morrow"), a licensed professional counselor, provided counseling services to Child. Attorneys for Mother and father asked Morrow to show Child photographs of his biological parents. Child, after viewing the photographs, "became somber, withdrawn and less talkative." In one session, he told Morrow, "I don't want to see them." Morrow also recommended Child not have visits with Mother. Morrow discontinued therapy because she believed Child linked her appearance with Mother and father, and as a result, the therapeutic relationship could not be salvaged. Morrow believed showing Child photographs of his biological parents had a negative impact on him. Morrow opined that if Child had Post-Traumatic Stress Disorder ("PTSD"), she would have concerns about forcing him to return to a home he associated with trauma because it would be harmful for his emotional welfare and development.
Judy Doran ("Doran"), a licensed professional counselor, worked with Child in therapy from February 2018 until the last week of March 2020. In July 2018, Mother resumed visits with Child supervised by Doran. When the first therapeutic visit occurred, Mother had not seen Child in two years. At the first visit, Child recognized his grandmother but did not recognize Mother. Mother was a stranger to him. Early in the visits, Mother told Child he was coming to live with her. This confused Child because he was being reintroduced to Mother and believed he already had a mother—his foster mother, Mrs. Boone.
During these visits, Doran attempted to model parenting behavior for Mother. While Mother could follow the modeling, she would revert back to being a friend more than a mother. She kept bringing toys and gifts to Child during these visits even after Doran asked her not to. During visits with Mother, Child's play became aggressive. Doran testified that this aggression was caused by being reintroduced to Mother. Doran testified Child is not confused about where he wants to be—with his foster family, the Boones. She believed Child was bonded to the Boone family. Doran opined she had never dealt with a child who had been in care for four and a half years. According to Doran, moving Child from the Boone family would be "detrimental and catastrophic" for Child's behavior. Doran also testified Child has Reactive Attachment Disorder ("RAD") but is learning how to manage it. However, because the Boones have provided Child with a loving, caring family who has been consistent in their discipline, Child does not have full RAD. According to Doran, Child and his foster mother, Mrs. Boone, had a wonderful relationship and Mrs. Boone's interactions with Child were very loving and kind.
In November 2018, Alyssa Ingle ("Ingle"), a licensed counselor, began working with Child and Mother for family therapy. Ingle testified that Child talked about the Boone family a lot and he was strong enough to tell Mother he wanted to be adopted. Child referred to the Boones as "mom" and "dad[.]" When Child told Mother he wanted to stay with the Boones, Mother was tearful. The subject of adoption came up for the first time around Christmas 2018 and Child said he did not want to do visits with Mother anymore. Child was consistent regarding his wishes. Ingle testified the bond between Mother and Child was that of friendship or like a distant relative. At their final session, Ingle told Mother that regaining a parental attachment with Child was not likely to happen because Child came into care when he was a two-year-old, missed important milestones with Mother, experienced severe trauma, and formed a secure bond with the Boone family. Ingle opined that removing Child from the Boone family could "cause lifetime problems" for Child.
Erica Boan ("Boan"), a licensed counselor, worked...
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