L. A. H., In Interest of, 43232
| Decision Date | 28 July 1981 |
| Docket Number | No. 43232,43232 |
| Citation | 622 S.W.2d 319 |
| Parties | In the Interest of L. A. H., a Minor. STATE of Missouri, Respondent, v. H. H. and L. W., Appellants. |
| Court | Missouri Court of Appeals |
William L. Syler, Jr., Cape Girardeau, for appellants.
Michael A. Price, Charles R. Harrison, Cape Girardeau, for respondent.
A termination of parental rights case.
This was a proceeding under § 211.447.2(2) RSMo 1978 terminating the parental rights of appellants H. H. (hereinafter mother) and L. W. (hereinafter father) in their natural child L. A. H. (hereinafter child). The parents appeal. We affirm.
The following facts were developed at the hearings.
The child was born to appellants on May 22, 1978. The appellants are not married to one another although they have lived together for more than three years. At the age of four months, the child was placed with some friends and former neighbors. The appellants reside in Cape Girardeau, while the friends reside in Scott City. The child was placed with the friends because the mother could not take care of her. Furthermore, the father was ill at the time, and her mother (hereinafter grandmother) is mentally retarded. The child was with the friends approximately seven months, during which time the parents did nothing toward getting the child back in the home. No definite arrangements were made for the child to return home, and the appellants only told the friends that they would "eventually" want the child back. The parents made infrequent visits and minimal contributions for support; the friends received only $25.00 in cash, $10.00 in food and some clothes during the entire period.
On April 10, 1979 a petition was filed by a juvenile officer asking the court to assume jurisdiction over the child because she was in need of protective services. On April 20, 1979 the court established jurisdiction finding that the child was homeless, dependent and neglected within the meaning of the statutes, and thereby placed her in the legal custody of the Division of Family Services. The child was later placed in a foster home. It was determined that the mother needed instruction on proper childcare and housekeeping before the child could return home. A three month court approved plan was introduced by the Division of Family Services to try and help the mother rectify her problems and make the home safe for the child. The mother was to work with the Division of Family Services and a home management counselor to improve her skills in caring for a child and in running a home. In addition, the grandmother was to find a new place to live, and the parents were to visit with the child and pay child support. At the time of this hearing, the mother was pregnant with her second child S. who was born on June 16, 1979. A second more detailed plan was entered into on September 5, 1979. 1
Under the second plan the mother was to learn how to clean the house, feed the baby, wash the clothes, store food correctly, bathe regularly, etc. The father was included in this plan in order to help the mother.
A termination hearing was held on March 13, 1980 wherein the following evidence was developed. After working with the mother from May 4, 1979 through October 17, 1980 for approximately 100 hours, the counselor determined that the mother was incapable of rectifying her problems. She felt the mother was insecure with, and afraid to feed the second child S. and that she was negligent in protecting food, and in her health habits. The mother was afraid to bathe the second child S. and would only sponge him causing diaper rash problems. She did not put the dirty diapers in a pail but left them in other areas of the house. Despite a written list provided by the counselor the mother did not mix the baby's formula correctly. The counselor saw roaches in the apartment and observed that the mother would leave needles, pins, and matches laying around. There was no continuity in anything that the mother did nor could she retain methods for more than several days. The mother did try to provide medical attention for S. She took the child to the pediatrician and was faithful in her attentiveness when he had an infection. The mother had also taken the child, L. A. H. to the doctor on several occasions. There was no indication of physical abuse of either child. However, the counselor felt that the mother still needed some form of adult supervision in order to carry on normal functions.
Wendy Ward, a Division of Family Services representative, who worked with the mother and accompanied the child on her visits felt that although there was some improvement under the counselor's instruction, there was no significant change. The house was needlessly cluttered and unsanitary for a child.
Dr. Sanford Fredman, a clinical psychologist testified that on March 15, 1979 the mother had been given a Wechsler Intelligence Scale IQ test and scored a 58. This placed her in the mentally deficient range. Dr. Fredman felt the mother had a great deal of difficulty functioning, that her power to reason was limited, and that she could not make decisions on a consistent basis. In his opinion she was not capable of the necessary functions for successful child rearing.
Dr. Schultz, the treating pediatrician, testified that the mother's perception was diminished and that supervision would be required at all times.
The mother is capable of writing her name and loading a Polaroid camera. She can read a phone book and operate a telephone. She is also capable of treating a slight burn, and of caring for the child, but needs constant supervision. The mother testified she loves the child and wants her back in their home. During her visits with the child, the mother attempted to...
To continue reading
Request your trial
-
C.L.P. v. Pate, 65334
...673 S.W.2d 18 ... In the Interest of C.L.P., R.M.P., D.L.S., Betty J. Seeley, ... Juvenile Officer Twenty-Third Judicial Circuit, ... Petitioner-Appellant, ... John PATE, Donald ... ...
-
K.S. v. M.N.W., s. WD
... ... the trial court's prerogative to determine the credibility of witnesses and to accept or reject all, part or none of the testimony, In the Interest of D.V.V., 677 S.W.2d 396, 402 (Mo.App.1984), the facts relative to the death of the sibling, N.W. were as follows ... N.W. was born ... ...
- J---Y---, In Interest of, J------
-
Sweatt v. Director of Revenue, State of Mo.
... ... Director of Revenue, 817 S.W.2d at 631. "Miranda" type warnings are not required in proceedings which are civil in nature. See In Interest of L.A.H., 622 S.W.2d 319, 323 (Mo.App. E.D.1981). In addition, a request to ... take a breath test does not involve interrogation of an arrested ... ...