Juvenile Office v. L.J.A. (In re Interest of R.H.)

• Court: Missouri Court of Appeals
• Writing for the Court: Anthony Rex Gabbert, Judge
• Citation: Juvenile Office v. L.J.A. (In re Interest of R.H.), 488 S.W.3d 93 (Mo. App. 2016)
• Decision Date: 10 May 2016
• Docket Number: WD 79098
• Parties: In the Interest of R.H., Juvenile Office, Respondent, v. L.J.A. (Mother), Appellant; A.H. (Father), Defendant.

488 S.W.3d 93

In the Interest of R.H.,

Juvenile Office, Respondent,

v.L.J.A. (Mother), Appellant;

A.H. (Father), Defendant.

WD 79098

Missouri Court of Appeals, Western District.

OPINION FILED: MAY 10, 2016

Jullian Williams, Overland Park, KS, John Richard Shank, Kansas City, Counsel for Respondent.

Peter Schloss, Liberty, MO, Paemon Honest, Liberty, MO, Counsel for Defendant.

Before Division Three: Gary D. Witt, P.J., James E. Welsh, Anthony Rex Gabbert, JJ.

Anthony Rex Gabbert, Judge

L.J.A. (Mother) appeals the circuit court's judgment assuming jurisdiction over her child, R.H., and placing the child in the care and custody of the Department of Social Services, Children's Division (Children's Division). Mother asserts two points on appeal. She contends that the circuit court erred in assuming jurisdiction over R.H. pursuant to Section 211.031.1, RSMo Cum. Supp. 2015, for the reasons that: (1) The court's judgment was not supported by substantial evidence because the court received no evidence that the child was presently in need of any care or support that was not being provided to her, and (2) The court's judgment misapplied the law because the court relied on its presumption that the use of drugs by a parent creates a condition leaving the child in need of care under the statute with no evidence of lack of parental care or support for the child. We affirm.

R.H. was born March 29, 2012, in Kansas City. At the time of her birth, testing of the child's meconium indicated the presence of marijuana. Consequently, the Children's Division was contacted and a Newborn Crisis Assessment was completed by an investigator with that agency. Upon completing the Newborn Crisis Assessment, the Children's Services investigator concluded that a Family Centered Services case would not be opened.

Three years later on June 7, 2015, the Children's Division received a report of concern alleging that R.H. had “unsafe/inadequate shelter and meth lab exposure” and that the parents had been observed manufacturing methamphetamine (or “meth”). The Children's Division investigator and the police made an unannounced visit to the family home. The investigator reported that they “were made to wait outside for an extended period of time before being permitted to enter the home.” Once in the home, the investigator and law enforcement “observed nothing indicative of manufacturing meth.” During the visit, however, Mother admitted to marijuana use. The investigator reported that Father indirectly admitted to “use,” although it is unclear what type of “use” he indirectly admitted to. A drug test performed on Mother the following day was positive for the presence of meth. Mother then admitted to using meth. Mother and Father admitted a need for treatment and agreed to treatment. Mother, Father, and the investigator arrived at an agreement with regard to a “safety plan” for R.H. wherein the parents agreed to allow R.H. to live with her maternal grandfather until the parents “could get the appropriate help.”

On July 2, 2015, approximately three and a half weeks after receiving the report of concern, the Children's Division requested Juvenile Court intervention alleging that both parents had failed to follow through with agreed upon drug treatment and had declined additional services. The Children's Division expressed concern that, although R.H. was still residing with her grandfather, the “safety plan” would become and void at the close of the investigation. The Children's Division explained that a pattern of drug use within the family was evident because of R.H.'s prenatal exposure to marijuana and because her “primary caregivers are abusing the highly addictive drug, Meth.” The request for intervention expressed that R.H.'s young age, complete dependence on caregivers, and inability to verbalize her needs placed her in need of the court's protection.

On July 30, 2015, the Juvenile Officer filed a petition alleging R.H. to be in need of the care and protection of the court because the parents neglected or refused to provide proper support, medical, surgical or other care necessary for her well-being. The Petition further alleged that: 1) At the time of R.H.'s birth on March 29, 2012, her meconium tested positive for marijuana; 2) On June 8, 2015, Mother tested positive for methamphetamines and has admitted to using marijuana and methamphetamines; 3) Parents admitted the need for drug treatment and had been offered services but had failed to obtain treatment or engage in services; 4) The Children's Division and Juvenile Office had attempted to work with and offer services to the family but the parents had been uncooperative and unwilling to participate in those services and had failed to submit to all requested urine analysis; 5) During a welfare check conducted by the police and Juvenile Officer on July 29, 2015, Mother refused to sign consent to have her home searched and refused to take a urine analysis offered by the police, and; 6) Reasonable efforts had been made to prevent removal of the child from the home or, in the alternative, reasonable efforts would have been futile or an emergency existed.

On August 4, 2015, a protective custody hearing was held and the court took protective custody of R.H. On September 10, 2015, the court heard evidence on the Juvenile Officer's petition. Three witnesses testified: the Children's Division investigator who investigated the meth allegations, a supervisor from Northland Dependency Services whose agency performed urinalysis testing on Mother, and the Deputy Juvenile Officer who followed up on the Children's Division's request for intervention. Along with these witnesses and in support of the allegations in the petition, the Juvenile Officer introduced as exhibits the 2012 Newborn Crisis Assessment, the 2012 Research Hospital medical records from R.H.'s birth, the June 8, 2015 urinalysis results showing Mother positive for methamphetamine, and the July 2, 2015 letter from the Children's Division to the Juvenile Office requesting intervention.

At the close of the hearing the...