In re N.B.

• Court: Missouri Court of Appeals
• Writing for the Court: James K. Prewitt
• Citation: In re N.B., 64 S.W.3d 907 (Mo. App. 2002)
• Decision Date: 24 January 2002
• Docket Number: No. 24038.,24038.
• Parties: In the Interest of N.B., a child under seventeen years of age, L.B., Appellant, v. Jasper County Juvenile Office, Respondent.

64 S.W.3d 907

In the Interest of N.B., a child under seventeen years of age L.B., Appellant, v. Jasper County Juvenile Office, Respondent.

No. 24038.

Missouri Court of Appeals, Southern District, Division Two.

January 24, 2002.

William J. Fleischaker, of Roberts, Fleischaker, Williams, Wilson & Powell, of Joplin, for appellant.

James Calton, of Joplin, for respondent.

JAMES K. PREWITT, Judge.

L.B. ("Mother") appeals from a finding of jurisdiction and judgment of disposition dated December 5, 2000, of the Circuit Court of Jasper County, Juvenile Division, which found it had jurisdiction pursuant to § 211.031 and that it would be contrary to the welfare of N.B. ("the child") for the child to be returned to Mother and ordered the child be placed in the care and custody of the Division of Family Services (DFS) in foster care placement.¹

The child was born on December 18, 1998, in Newton County, Missouri, approximately four weeks premature at a weight of just over four pounds. Dr. John Kelly, who was the first doctor Mother saw at the hospital, doubted Mother's claims that she had seen another doctor for prenatal care, noted Mother talked "incessantly" about legal battles in the court system, and wrote in his notes that Mother either had "suffered greatly at the will of the ... system ... or she is mentally ill." In Dr. Kelly's opinion, Mother needed some sort of psychiatric evaluation to determine whether she was "capable of managing a newborn." Another doctor who saw Mother and the child, Dr. Frederick Stidman, agreed that the situation would benefit from an evaluation. Vicky Cupp, a maternal child social worker employed by the hospital, conducted the evaluation.

Mother told Ms. Cupp that she had been living at Souls Harbor mission in Joplin for two weeks, was planning to travel to Kansas City to address a court situation involving her own mother, and had made arrangements to stay at a Salvation Army shelter after the child was born. Ms. Cupp made several phone calls to verify information from Mother and established that Mother did have accommodations at Souls Harbor and the Salvation Army. Ms. Cupp also called the living center in which Mother's mother resided and learned that Mother allegedly could not see her mother without supervision. Ms. Cupp had concerns that Mother and the child would not receive appropriate follow-up care based on the child's premature birth, low birth weight, and difficulty feeding, as well as Mother's stated intention to travel to Kansas City in the middle of winter. Because of those concerns, Ms. Cupp wanted to get the DFS or juvenile office involved.

Ms. Cupp actually contacted the DFS before the child was born and was told to hotline the baby for a newborn crisis assessment once he was born. A Newton County DFS worker, Diane White, responded to that newborn crisis assessment request on December 19, 1998. Information Ms. White obtained from Mother was similar to that obtained by hospital officials, including that Mother intended to travel to Kansas City (hitchhiking, if necessary), Mother appeared obsessed with the legal battle surrounding her own mother's guardianship, and Mother had an "extreme distrust" of the DFS. Ms. White testified that although she was concerned with Mother's plan for housing, she was not as concerned with Mother's homelessness as she was with Mother's overall mental state and the child's health.

Ms. White requested that the juvenile office become involved with the case and provided information she obtained to Patrick Stuart, a deputy juvenile officer for the 40th judicial circuit. Mr. Stuart took that information and completed a form 33, an order under which the child could be taken into emergency protective custody with the DFS. That order and the case were given to Bea Watson, the chief deputy juvenile officer for the 40th judicial circuit.

On December 22, 1998, Ms. Watson filed a petition asking the Circuit Court of Newton County, Juvenile Division, to place the child in the legal custody of the court and the Newton County DFS for suitable placement. In the petition, filed pursuant to § 211.031.1, RSMo Supp.1998, Ms. Watson noted Mother was homeless and alleged that "the parents or persons legally responsible for the care and support of the infant have neglected, failed, refused, or [were] unable to provide the care and support necessary for his well being." The petition claimed action by the court was necessary because the child was born premature, a poor feeder, and at risk in inclement and cold weather. Further, the petition argued that the child's chances of survival were minimal because Mother was homeless and transient and her behavior indicated possible psychological problems. The petition also referenced Dr. Stidman's opinion that the child would benefit from protective services.

On December 23, 1998, the Circuit Court of Newton County, Juvenile Division, filed an order of protective custody, citing the reasons outlined by Ms. Watson. The court found that an emergency situation existed and that the child "should be detained under the custody of this [c]ourt and [DFS] at a suitable placement pending further Order of this [c]ourt." On the same day, Mother filed a petition for dismissal that was overruled by the court. The child was placed in foster care, where he remained at time of hearing.

The jurisdictional hearing was originally set for February 8, 1999. On February 5, 1999, Mother filed several items pro se including a petition against mental evaluation; a petition for counter suit against the DFS and the Division of Aging, as well as several named staff members; a motion to remove the judge; a motion to remove the chief deputy judicial officer; a request to set the case for hearing; and a request for continuance. The motion for change of judge was sustained on February 8, 1999, and the Circuit Court of Newton County, Juvenile Division, recused itself on February 9, 1999, because the presiding judge to whom the case was transferred was a named defendant in a prior lawsuit filed by Mother. On March 1, 1999, the Missouri Supreme Court transferred a judge from the 29th judicial district to handle the case.

On March 9, 1999, Ms. Watson filed a motion to transfer proceedings to the Circuit Court of Jasper County, Juvenile Division because Mother lived and worked in Joplin, the child was being transported to the Jasper County DFS office for visitation with Mother, and a Jasper County DFS worker had been assigned to the case and was working with Mother. On May 25, 1999, the order transferring the case to the Circuit Court of Jasper County, Juvenile Division was filed.

The chief juvenile officer for Jasper County filed a motion for psychological evaluation of Mother on June 8, 1999; that motion was sustained on June 30, 1999. According to the testimony of John Nicholas of the Jasper County DFS, over the course of several months prior to June 1999, Mother had been asked to submit to a psychological evaluation, but had refused. A DFS case plan dated October 1999 indicates Mother's continued reluctance to complete the psychological evaluation. On November 24, 1999, pending motions were considered; a number involved issues already addressed and many of those filed on February 5, 1999 were dismissed or ruled as moot based on other court proceedings.

The court-ordered psychological evaluation was performed on February 1, 2000, by Judith Garrity, a licensed psychologist experienced in working with families with children. Her examination included the administration of the Minnesota Multiphasic Personality Inventory (MMPI) and the parent awareness skills survey, as well as a clinical interview. Ms. Garrity's interpretation of the MMPI included that "the lie scale was elevated[,]" indicating that Mother "was presenting herself in an improbably favorable light." The MMPI results also showed signs of immaturity, stubbornness, impulsiveness, and hypochondriasis. Mother also scored high on the cynicism scale, which was indicative of "[s]ome paranoia, [and] little respect for experts and authority figures." In Ms. Garrity's opinion, the results of the parenting awareness survey indicated Mother lacked real parenting experience, had a rigidity in her approach to the presented parenting situations, and had a tendency to interject "flashbacks from her past" to her responses that were "bizarre" and tangential to the situations presented. In the clinical interview, Mother indicated a history of "reported abuse to her mother, and threats to kill her sister, and alienation and estrangement from all family members." Mother also relayed information regarding various lawsuits she had filed.

Overall, Ms. Garrity concluded that Mother "fit the criteria for a delusional disorder, persecutory type .... [where] [t]he focus is often on some injustice that must be remedied by legal action, and the affected person may engage in repeated attempts to obtain satisfaction by appeal to the courts and other government agencies." According to Ms. Garrity, persons with this type of diagnosis do not respond well to psychological treatment and are often reluctant to participate in treatment or take medication. In Ms. Garrity's view, it would be difficult for Mother to parent the child because Mother would obsess on the delusion system, a focus that could lead her to neglect the child. Ms. Garrity testified that based on Mother's conduct and responses during the psychological evaluation, she would not have felt comfortable releasing the child to Mother for her to raise.

Because Mother was not satisfied with Ms. Garrity's evaluation, she was also seen by Dr. John Wade, a psychiatrist who reviewed Ms. Garrity's report and conducted a clinical interview. Dr. Wade evaluated Mother using the clinical interview and a mental status examination. He testified that he was unfamiliar with the parent awareness skills survey. Dr. Wade disagreed with many of Ms. Garrity's findings and...