In the Interest of A.D.G. and R-J.J.

Montgomery City, Missouri family law lawyer represented the mother in a parental rights termination case.





Daughter was born on September 6, 2017. Son was born on November 21, 2018. Mother has had repeated contact with the Children's Division ("Division") before this proceeding. In September 2017, Division received two newborn crisis referrals for Daughter. In May 2018, it received a Child Abuse and Neglect report for Mother's neglect of Daughter. A few days later, Division removed Daughter from Mother's care because of the unsanitary conditions of her home and because she left drug paraphernalia within Daughter's reach. Daughter was reunified with Mother almost a year later. A few weeks after reunification, the State received a Child Abuse Report because Mother struck Daughter so forcefully she left a handprint on her leg. Finally, there was a service referral for Mother in April 2020 because of concerns about her physical and mental health.



On November 3, 2021, Mother called Division and requested it take protective custody of Children because she had been struggling with suicidal ideations for a couple weeks. She did not believe she was in the correct mindset to care for Children. On November 4th, Division filed a petition alleging Mother failed to provide Children the proper care, custody, and support under § 211.031, RSMo Cum. Supp. 2021. Division took protective custody of Children that same day.



On January 3, 2022, Mother entered into a written service plan agreement with Division. She agreed to: (1) find and attend weekly counseling or as recommended by the counselor; (2) speak with a psychiatrist to evaluate mental health and treatment options; (3) find and maintain permanent housing; (4) sign and approve all release forms for medical treatment; (5) schedule supervised visits with Children every other week; (6) complete a drug assessment; and (7) provide drug analysis as requested.



Children were placed into foster care in February 2022. Son- now three years old-could barely speak and was not toilet trained. Both Children struggled with their emotional regulation. They would pull their hair, bang their heads against the wall, hold their breath until they turned blue, and bite themselves. Daughter was diagnosed with adjustment disorder, post-traumatic stress disorder, and additional defiance disorder. Son was diagnosed with adjustment disorder, post-traumatic stress disorder, and reactive attachment. Within a month of placement, Son's foster parents toilet trained him and improved his speech.



The juvenile division adjudicated Children as abused or neglected under § 211.031 and § 211.010, RSMo Cum. Supp. 2022, on February 24, 2022. On March 27, 2023, the juvenile officer filed a petition to terminate Mother's parental rights.[1] On August 22, 2023, the circuit court conducted a hearing on the petition.[2] Children's foster mother testified she and her husband plan to adopt Children. The circuit court terminated Mother's parental rights under § 211.447.5(2) ("abuse and neglect"), § 211.447.5(3) ("failure to rectify"), and § 211.447.5(5)(a) ("consistent pattern of specific abuse").[3] The circuit court further found termination of Mother's parental rights was in Children's best interests.



In re A.D.G., ED112626 (Mo. App. Nov 19, 2024)

Affirmed