Pitts v. Williams

Citation315 S.W.3d 755
Decision Date06 July 2010
Docket NumberNo. WD 71275.,WD 71275.
PartiesStephen J. PITTS, Respondent, v. Janet K. WILLIAMS and Ronald J. Levy, Appellants.
CourtCourt of Appeal of Missouri (US)

COPYRIGHT MATERIAL OMITTED

Chris Koster, Attorney General, Caleb M. Lewis, Assistant Attorney General, Jefferson City, MO, for Appellants.

Frederick A. Duchardt, Jr., Trimble, MO, for Respondent.

Before Division II: MARK D. PFEIFFER, Presiding Judge, and VICTOR C. HOWARD and ALOK AHUJA, Judges.

MARK D. PFEIFFER, Presiding Judge.

Janet Williams (Williams) and Ronald Levy (Levy), employees of the Missouri Department of Social Services Children's Division (collectively referred to as the Children's Division), appeal the judgment of the Circuit Court of Carroll County (trial court) granting a writ of mandamus requiring the Children's Division to commence the administrative appeal process and to release the investigative records allegedly substantiating the finding by the Children's Division that Stephen Pitts (Pitts) had committed child abuse or ne glect. On appeal, the Children's Division argues that section 210.150.2(5)1 does not require it to produce such documentation while a criminal investigation is ongoing. We disagree and affirm the judgment of the trial court.

Factual and Procedural Background

On August 18, 2008, the Ray County office of the Children's Division notified Pitts that a report of child abuse and neglect had been substantiated against him by the Children's Division. Pitts made a timely request for administrative appeal of this agency determination as authorized by section 210.152. Pitts simultaneously sought disclosure of the reports and other investigative documents contemplated by section 210.150. Williams, the circuit manager for the Ray County office of the Children's Division, informed Pitts that the Children's Division refused to release the requested documents or commence the administrative appeal process because there was an ongoing law enforcement criminal investigation based upon the alleged child abuse.2

Pitts did not initially contest the Children's Division's position on document disclosure. However, after eight months of waiting to either be charged with a crime or to receive notification from the prosecutor that the criminal investigation was concluded without formal charges, Pitts filed a petition for a writ of mandamus requesting that the Children's Division be required to immediately turn over the sought-after investigative documents and begin the administrative appeal process.3 The trial court granted Pitts's mandamus petition and ordered that the Children's Division commence the administrative appeal process and produce the requested documents. However, the document production was stayed pending the appeal to this court.

Mootness Doctrine

Alter this appeal was fully briefed, but before this appeal was procedurally taken under submission by this court, the Can-oil County Prosecutor notified the parties that the Pitts investigation was complete and the prosecutor would not be pursuing criminal charges against him. Given this notification to the parties from the prosecutor, the Children's Division no longer objects to production of the investigative reports in question. Consequently, the controversy this court was asked to decide between these parties is removed and this appeal is moot." 'When an event occurs that makes a court's decision unnecessary or makes it impossible for the court to grant effectual relief, the case is moot and generally should be dismissed.' " State ex rel. Claudia Lee & Assocs., Inc. v. Bd, of Zoning Adjustment of Kansas City, 297 S.W.3d 107, 111-12 (Mo.App. W.D.2009) (quoting State ex rel. AG Processing, Inc. v. Pub. Serv. Comm'n, 276 S.W.3d 303, 306 (Mo.App. W.D.2008)).

In the instant case, however, both parties have requested that this court take up the substance of the contested matter despite the mootness of the appeal. This joint request, even though agreed upon by both parties, does not empower this court to hear a moot appeal absent an authorized exception. The mootness doctrine possesses at least two such exceptions which allow for appellate review of an othei-wise non-justiciable controversy: (1) The controversy becomes moot after it was argued and submitted; (2) the underlying issue is of general public interest and importance, is recurring, and other-wise is likely to continue to evade appellate review. Reiz v. Bd. of Zoning Adjustment of Kansas City, 316 S.W.3d 331 (Mo.App. W.D.2010). We conclude that the present appeal meets the requirements of the second exception.

In the present case, the underlying issue of the mechanics of the administrative appeal process after an individual has been found by the Children's Division to have abused or-neglected a child is of general public interest and importance. Missouri's administrative appeal process involves the often competing and equally important statutory procedures designed to protect the due process rights of its citizens while also ensuring the protection and privacy of the alleged victims of child abuse and those that report the alleged abuse. As the facts of this case illustrate, this procedural scenario is of a category that tends to be capable of repetition yet evades appellate review.

After being notified by the Children's Division in August of 2008 that the Children's Division had investigated and substantiated child abuse by Pitts, Pitts promptly initiated the administrative appeal process to clear his name. In fact, though allowed sixty days to file his appeal, § 210.152.3, Pitts filed his administrative appeal within eleven days. However, in September of 2008, the Children's Division notified Pitts that it refused to process his appeal while law enforcement investigation of the allegations of abuse and the prosecutorial decision to proceed or not proceed with formal criminal charges was pending. After the investigation had been open and ongoing eight months later without the initiation of formal charges by the Carroll County Prosecutor, Pitts hired an attorney and peti- tioned the trial court for a writ of mandamus on May 14, 2009. On July 14, 2009, the trial court granted Pitts's mandamus petition, entered judgment for Pitts, and this appeal ensued. After the appeal had been fully briefed by the parties, oral argument had been scheduled, and the appeal was within days of oral argument and submission, the Carroll County Prosecutor's decision to close the Pitts investigation without pursuing criminal charges rendered the appeal moot.

It is readily apparent to this court that Pitts zealously and promptly pursued his rights. Despite his diligence, almost two years elapsed from the date Pitts learned of the Children's Division's substantiated abuse finding until events creating mootness overtook the present appeal process. Since the appropriate law enforcement agency must be informed immediately of any report of child abuse or neglect that the Children's Division determines merits investigation, § 210.145.4, we conclude that prosecuting attorneys should consistently be able to decide to pursue or not pursue criminal charges before the appellate process and review by an appellate court regarding the underlying contested issue can be completed.4 Consequently, we find that this issue of section 210.150 document production by the agency tends to evade review. Furthermore, the Children's Division informs us that Pitts's fact pattern does not represent an isolated case and that determination of the contested issue in this case would provide valuable guidance in future administrative appeal proceedings involving allegations of abuse by the Children's Division as it relates to the release of investigative records. Accordingly, we conclude that this appeal falls within one of the recognized exceptions to the mootness doctrine, and we choose to evaluate the substance of the underlying contested issue on appeal.

Standard of Review

The standard of review for a writ of mandamus is an abuse of discretion. State ex rel, Unnerstall v. Berkemeyer, 298 S.W.3d 513, 517 n. 5 (Mo. banc 2009). Where, however, the foundation of the writ is based upon interpretation of a statute, we review the statute's meaning de novo. Id.

Analysis
Relevant History and, Procedures

Before addressing the question at the heart of this appeal, we briefly recite the general background and procedures of a child abuse investigation by the Children's Division which leads to a substantiated finding by the Children's Division and the corresponding appeal process related to such "findings" in the state of Missouri. Missouri's measures to protect abused and neglected children are codified in Chapter 210 of Missouri's Revised Statutes. Sections 210.109 through 210.183 specifically outline Missouri's response to the reported abuse and neglect of children. The legislature acknowledges that these cases involve the balancing of multiple priorities: the safety of the child, retention of the family unit, and the due process rights of the alleged perpetrator. § 210.145.1. To harmonize these sometimes competing priorities, our legislature established a series of procedures to be implemented by the Children's Division.

When an allegation of abuse or neglect is reported, the Children's Division first makes a determination as to whether they believe the hotline report merits investigation. § 210.145.3. If so, the report of abuse is forwarded to the most local branch office of the Children's Division for further review. Id. The staff of that office determines if an investigation of the allegation or family assessment and services are warranted. Id. If an investigation is determined to be warranted, the Children's Division is required to immediately contact the appropriate law enforcement authority to inform it of the allegation and request assistance with the investigation. § 210.145.4. The appropriate law enforcement agency shall then either assist the Children's Division in the...

To continue reading

Request your trial
13 cases
  • State v. Galkowski
    • United States
    • Missouri Court of Appeals
    • April 29, 2014
    ...the foundation of the writ is based upon interpretation of a statute, we review the statute's meaning de novo.” Pitts v. Williams, 315 S.W.3d 755, 759 (Mo.App.W.D.2010) (citing State ex rel. Unnerstall v. Berkemeyer, 298 S.W.3d 513, 517 n. 5 (Mo. banc 2009)). “The standard of review in a de......
  • State v. Galkowski
    • United States
    • Missouri Court of Appeals
    • January 27, 2014
    ...the foundation of the writ is based upon interpretation of a statute, we review the statute's meaning de novo." Pitts v. Williams, 315 S.W.3d 755, 759 (Mo.App.W.D. 2010) (citing State ex rel. Unnerstall v. Berkemeyer, 298 S.W.3d 513, 517 n.5 (Mo. banc 2009)). "The standard of review in a de......
  • State ex rel. Zimmerman v. Blanc
    • United States
    • Missouri Court of Appeals
    • April 10, 2018
    ...writ is " ‘based upon interpretation of a statute,’ our review of the statute's meaning is de novo. " Id. (quoting Pitts v. Williams , 315 S.W.3d 755, 759 (Mo. App. W.D. 2010) ). In applying this de novo review, "the primary rule of statutory interpretation is to give effect to legislative ......
  • State v. Graves, SD 31373.
    • United States
    • Missouri Court of Appeals
    • January 26, 2012
    ...would not have included it. Norwin G. Heimos Greenhouse, Inc. v. Dir. of Revenue, 724 S.W.2d 505, 508 (Mo. banc 1987); Pitts v. Williams, 315 S.W.3d 755, 762 (Mo.App.2010). In State v. Thomas, 969 S.W.2d 354 (Mo.App.1998), the Western District of our Court addressed the construction of this......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT