In The Interest Of: T.S.g v. Officer, No. WD 71641.

• Court: Court of Appeal of Missouri (US)
• Writing for the Court: GARY D. WITT, Judge.
• Citation: 322 S.W.3d 145
• Decision Date: 28 September 2010
• Docket Number: No. WD 71641.
• Parties: In the Interest of: T.S.G., Appellant, v. JUVENILE OFFICER, Respondent.

322 S.W.3d 145

In the Interest of: T.S.G., Appellant,
v.
JUVENILE OFFICER, Respondent.

No. WD 71641.

Missouri Court of Appeals,Western District.

Sept. 28, 2010.

322 S.W.3d 146

COPYRIGHT MATERIAL OMITTED.

322 S.W.3d 147

Patricia A. Harrison, St. Louis, MO, for appellant.

Michael R. Fogal, Kansas City, MO, for respondent.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, THOMAS H. NEWTON, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

T.S.G. appeals the juvenile court's judgment that she committed acts constituting a status offense under Section 211.031.1(2)(d) ¹ of behavior injurious to her welfare. We reverse.

Factual Background

T.S.G., seventeen years old at the time of trial, was accused by her two half-brothers of sexual misconduct, because she allegedly let them touch her breasts and those of her cousin. The two brothers, E.G.Jr. and E.G., were ten and nine years old at the time of trial in 2009. The alleged misconduct took place from October 2005 through December 2008. At the time the accusations were made, E.G.Jr. was eight years old and E.G. was six. The mother of the boys, A.M.C., informed Children's Division of the allegations, and the boys were interviewed by a forensic interviewer, Kristin Gilgour (“Gilgour”).

Based on these allegations, on April 2, 2009, the Juvenile Officer filed a Delinquency Petition alleging that T.S.G. committed acts, if committed by an adult, would have resulted in two counts of sexual misconduct. The juvenile court asserted jurisdiction over T.S.G. pursuant to Section 211.031.1(3), which vests original jurisdiction in the juvenile court over “any child who is alleged to have violated a state law.” A trial was held in September 2009, at which both E.G.Jr. and E.G. testified, along with their mother, father, and Gilgour.

At the close of evidence, the judge took under advisement an oral motion for judgment of acquittal. When the hearing reconvened, the trial court issued its ruling. The court dismissed Count 2 of the Delinquency Petition, finding that the Juvenile Officer had failed to meet the burden of proof as to that charge. The court also found that the Juvenile Officer had failed to prove, beyond a reasonable doubt, each element of Count 1; specifically, the intent element that touching was done for sexual gratification was not proven.

The Court then, without a motion or request from either party, “amended the Petition to conform to the evidence” and found T.S.G. had committed a status offense. The court found that T.S.G. acted beyond her welfare and the welfare of E.G.Jr. by involving herself and E.G.Jr. in some sort of inappropriate contact. This basis of jurisdiction of the juvenile court is found at Section 211.031.1(2)(d), and it gives the court jurisdiction over a child who either resides or is found in the county and who is in need of treatment because “[t]he behavior or associations of the child are otherwise injurious to his or her welfare or to the welfare of others.”

The dispositional hearing was held on October 6, 2009, and T.S.G. was placed on probation in the care and custody of her

322 S.W.3d 148

mother. T.S.G. was ordered to complete the Healthy Choice Program and fifteen hours of community service. Five months later, on March 9, 2010, the juvenile court found that T.S.G. was no longer in need of the services of the court, and therefore, all prior orders were terminated, and T.S.G. was released and discharged from the jurisdiction of the Court.

As a threshold matter, we must consider whether the issue has been rendered moot prior to appellate review. Lucas v. Lucas, 307 S.W.3d 712, 714 (Mo.App. E.D.2010). “ ‘With regard to justiciability, a case is moot if a judgment rendered has no practical effect upon an existent controversy.’ ” State ex rel. Chastain v. City of Kansas City, 968 S.W.2d 232, 237 (Mo.App. W.D.1998) (quoting Gilroy-Sims & Assocs. v. City of St. Louis, 697 S.W.2d 567, 569 (Mo.App. E.D.1985)). “ ‘The existence of an actual and vital controversy susceptible of some relief is essential to appellate jurisdiction.’ ” Hall v. Mo. Bd. of Prob. & Parole, 10 S.W.3d 540, 545 n. 3 (Mo.App. W.D.1999) (quoting Armstrong v. Elmore, 990 S.W.2d 62, 64 (Mo.App.1999)). “Because mootness implicates the justiciability of a case, the court may dismiss a case for mootness sua sponte.” Chastain, 968 S.W.2d at 237. “We do not decide questions of law disconnected from the granting of actual relief.” Id.

There are three narrow exceptions to this general rule that allow this Court to exercise its discretion to accept a moot case, where: (1) the action becomes moot after the case has been argued and submitted; (2) the issue is one of general public interest and importance and is capable of recurring and likely to evade appellate review, Reiz v. Bd. of Zoning Adjustment, 316 S.W.3d 331, 334-35 (Mo.App. W.D.2010) (citing State ex rel. Claudia Lee & Assocs., Inc. v. Bd. of Zoning Adjustment, 297 S.W.3d 107, 111 n. 6 (Mo.App. W.D.2009) (citations omitted)); or (3) the decision being appealed could have significant collateral consequences for one or more of the parties. Glover v. Michaud, 222 S.W.3d 347, 351 (Mo.App. S.D.2007).

Both parties request that we proceed with a determination in this case under the second exception above. T.S.G. further requests that we proceed also under the third exception above, in that because the original charge was sexual in nature and with the rapidly changing statutes in Missouri dealing with this area of the law regarding sex offender registration and the movement to make more juvenile records public, she may face significant collateral consequences in the future...