RJP, Matter of, C-88-3

• Decision Date: 26 September 1988
• Docket Number: No. C-88-3,C-88-3
• Citation: 761 P.2d 1000
• Parties: In the Matter of the Termination of Parental Rights of RJP, JSN, VME, and AJW, Minor Children. ZLW, Appellant (Defendant), v. JOHNSON COUNTY DEPARTMENT OF PUBLIC ASSISTANCE AND SOCIAL SERVICES, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 1000

761 P.2d 1000

In the Matter of the Termination of Parental Rights of RJP, JSN, VME, and AJW, Minor Children.

ZLW, Appellant (Defendant), v. JOHNSON COUNTY DEPARTMENT OF PUBLIC ASSISTANCE AND SOCIAL SERVICES, Appellee (Plaintiff).

No. C-88-3.

Supreme Court of Wyoming.

Sept. 26, 1988.

Thomas C. Wilson, of Tate & Wilson, Sheridan, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Richard E. Dixon, Asst. Atty. Gen., Cheyenne, for appellee.

Paul G. Jarvis, guardian ad litem.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

GOLDEN, Justice.

Appellant ZLW seeks reversal of the district court's orders terminating her parental rights to her four minor children under the provisions of W.S. 14-2-309 (July 1986 Repl.). ZLW asserts the evidence failed to establish that:

1. The children had been left in the care of another person without provision for their support and without communication from ZLW for a period of at least one year, and

2. ZLW abused or neglected her children, Johnson County Department of Public Assistance and Social Services' (D-PASS) rehabilitation efforts on ZLW's behalf were unsuccessful, and the children's health and safety would be seriously jeopardized by remaining with or returning to ZLW.

We affirm the district court's termination of ZLW's parental rights to her four children under the provisions of W.S. 14-2-309(a)(iii), since after strict scrutiny we find the evidence clearly and convincingly established that ZLW abused and neglected her children, rehabilitation efforts were unsuccessful, and the children's health and safety would be seriously jeopardized if they remained with or were returned to ZLW.

D-PASS conceded, and we agree, the evidence was insufficient on appellant's first claim of error; therefore, we need not discuss that point. Since we rest our decision on a sufficiency of evidence determination, we also need not discuss the issue raised by D-PASS, and challenged by appellant, concerning the dispositive effect of appellant's alleged relinquishment of her children for adoption.

In addition to terminating ZLW's parental rights, the district court noted that the natural father of one of the children (JSN) was dead and subsequently terminated the parental rights of each father of the other children. No father has appealed that termination action.

ZLW was born on June 10, 1957. As a child from the age of seven to the age of fourteen she was a victim of her alcoholic stepfather's sexual molestation and abuse. At the age of fifteen she married to get away from that stepfather. The failure in the rehabilitation of ZLW is attributed to the trauma of her own childhood experiences which partially explains her inability to cope with the responsibilities of parenting.

RJP was born to ZLW and BP, her natural father, on September 22, 1976. JSN was born to ZLW and JN, his natural father, on September 11, 1979. VME was born to ZLW and BE, her natural father, on November 10, 1983. AJW was born to ZLW and GW, his natural father, on January 9, 1985. Thus, each child has ZLW as a common natural mother, but has a different natural father.

On the night of September 22, 1986, Sergeant Michael L. Dahmer of the police department in Buffalo, Wyoming, placed RJP, JSN, VME, and AJW into emergency protective shelter care because of an alcohol-induced, physically violent domestic quarrel between ZLW and GW, her husband, being waged in the children's presence. Two days later the county attorney for Johnson County filed a petition under W.S. 14-3-201 through 14-3-215 (July 1986 Repl.), alleging that the children were neglected and in need of supervision. On October 7, 1986, the district court held a hearing on the petition. At the hearing ZLW and GW admitted the children were neglected and in need of supervision. The district court ordered D-PASS to retain custody of the children, ZLW to have visitation with the children, and ZLW to attend substance abuse counseling and parenting classes.

The district court reviewed the matter again on May 5, 1987. As a result of that review, the district court ordered D-PASS to retain custody of the children and a subsequent hearing on the petition to determine whether D-PASS should retain custody of the children or whether ZLW was capable of taking care of them.

On October 26, 1987, the county attorney for Johnson County filed a petition to terminate ZLW's parental rights to her children. Following a two-day trial which began on January 12, 1988, the district court ordered that ZLW's parental rights to each of her four children be terminated.

STANDARD OF REVIEW

In reviewing the sufficiency of the evidence presented at trial, we use the analysis we have consistently followed in cases of this kind. See, e.g., In the Interest of JG, 742 P.2d 770, 773 (Wyo.1987); Matter of MLM, 682 P.2d 982, 985-986 (Wyo.1984); Matter of GP, 679 P.2d 976, 980-982, 1005-1007 (Wyo.1984). Under this analysis we:

1. Give considerable deference to the trial court's determination because it has the advantage to judge the demeanor and intelligence of the witnesses;

2. Examine the evidence in the light most favorable to appellee and resolve all conflicts in evidence for appellee;

3. Assume as true the evidence in appellee's favor, disregard entirely appellant's evidence in conflict with appellee's evidence, and give to appellee's evidence every favorable inference that may fairly be drawn;

4. Exercise strict scrutiny in reviewing whether the evidence clearly and convincingly proves the elements of parental rights termination;

5. Define "abuse" as the nonaccidental inflicting or causing to be inflicted physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child. W.S. 14-3-202(a)(ii) (June 1986 Repl.);

6. Define "mental injury" as an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in that child's ability to function within a normal range of performance and behavior with due regard to that child's culture. W.S. 14-3-202(a)(ii)(A) (June 1986 Repl.)

7. Define "neglect" as the parent's failure or refusal to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well-being. W.S. 14-3-202(a)(vii) (June 1986 Repl.)

ABUSE, NEGLECT, PHYSICAL AND MENTAL INJURY

ZLW admitted at the October 7, 1986, hearing that she had neglected the children and that she had discussed putting them up for adoption. In addition to the documents signed by ZLW on July 13, 1987, purporting to relinquish her parental rights and consenting to their placement for adoption, the evidence clearly and convincingly shows ZLW was abusive to and neglected each of her four children over an extended period of time.

With reference to RJP, the evidence was:

1. When RJP was an infant in 1977, ZLW placed her in a foster home for about six months because ZLW, then nineteen years old, was having problems coping with the child.

2. RJP's teachers from kindergarten through fourth grade testified that until she was placed in foster care RJP frequently came to school unclean and inappropriately dressed in adult women's clothing. RJP was very angry, defiant, depressed and moody because of her home environment, and this emotional state was reflected in her inability to play with and make friends at school. She was unruly toward her classmates; she did not smile or respond to affection.

3. In kindergarten RJP was frequently absent from school, at one point having missed twenty-three of forty school days. The school nurse at RJP's school observed bruises and welts on RJP on several occasions. During class discussions RJP would tell her classmates that she, not her mother, had the responsibility to 4. The first ten years of RJP's life were filled with visions of arguments, drunkenness and physical violence between ZLW and several different men.

get her brothers and sister up in the morning, fed, and off to school.

5. During the 1987-1988 school year ZLW had not attended school conferences to discuss RJP's progress.

6. On September 22, 1986, when first placed in protective custody, RJP and the three other children were dirty, smelly and frightened.

7. Initially in foster care, RJP was a very troubled child, demonstrating anger, defiance, and fits of rage when she did not get her own way. She rarely smiled; she never cried. At first, RJP did not know to bathe daily, to brush her teeth daily or to have clean sheets. She was hungry and would hide food.

8. During foster care, RJP changed dramatically for the better. Now RJP smiles and laughs a great deal. She makes friends and interacts well with them and takes pride in her personal appearance. Her foster parent analogized the change in RJP to the difference between "night and day."

ZLW admitted she could not cope with RJP as the child was growing up. On at least one occasion ZLW grabbed RJP and threw her across the room on the floor after trying to spank her. ZLW reverted to RJP's age level and was locked in sibling rivalry with her, the sad result of which was an environment of continual bickering, arguments, physical and mental abuse, and neglect.

With reference to JSN, the evidence was:

1. In December, 1981, JSN received emergency hospital care for several bruises over his midsection, buttocks and legs. The physical evidence strongly indicated JSN had been sexually abused. ZLW had left JSN with babysitters and suspected they may have harmed her son.

2. JSN's teachers from kindergarten through second grade testified that until he was placed in foster care JSN frequently came to school inappropriately dressed and hungry. His behavior was characterized with displays of anger, crying, and temper tantrums many times a day. He did not play well with his classmates. ZLW had not attended school conferences during the 1987-1988 school year to discuss...