OTT LAW

IN THE INTEREST OF: P.W.W., JR., a child under seventeen years of age GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent vs. L.J.W., Respondent-Appellant

Decision date: June 4, 2020SD36538

Judges

Trial Court Judge
Robert Liston

Disposition

Affirmed

Procedural posture: Appeal from termination of parental rights

Slip Opinion Notice

This archive contains Missouri appellate slip opinions reproduced for research convenience, not the final official reporter version. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

Opinion

1

IN THE INTEREST OF: ) P.W.W., JR., a child under seventeen years ) of age. ) ) GREENE COUNTY JUVENILE OFFICE, ) ) Petitioner-Respondent, ) ) vs. ) No. SD36538 ) L.J.W., ) Filed: June 4, 2020 ) Respondent-Appellant. )

APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY

Honorable Robert Liston, Senior Judge

AFFIRMED

L.J.W. ("Mother"), the mother of P.W.W., Jr. ("Child"), brings this appeal from the termination of her parental rights; she claims that it is not in the best interest of Child for her rights to be terminated. We find no error and affirm the judgment. Child came into care as an infant because of Mother's homelessness, her mental health issues that had never been addressed and the lack of funds to raise Child. Mother had her parental rights terminated to two other children for the same reasons that Child

2 was brought into care. After Child was brought into care, Mother had a treatment plan in which she was to have a psychological assessment, attend parenting classes, attend visits with Child, provide suitable housing and provide financial support. Mother did not successfully complete the plan and does not complain in this appeal about the statutory grounds supporting termination. She only appeals the finding it is in the best interest of Child that Mother's rights be terminated. We review the determination that it is in the best interest of Child to have Mother's parental rights terminated for an abuse of discretion. In Interest of S.L.L., 518 S.W.3d 897, 898-99 (Mo.App. S.D. 2017). It is an abuse of discretion only when the trial court's ruling is "so arbitrary, unreasonable, illogical and ill-considered that it shocks the sense of justice and indicates a lack of careful consideration." In Interest of Z.L.G.., 531 S.W.3d 653, 660 (Mo.App. S.D. 2017). We find the decision is none of those. The trial court was obligated to make findings on seven factors under section 211.447.7, RSMo Cum.Supp. 2018. The court found: (1) There are no emotional ties between Child and Mother. (2) Mother did not maintain regular visitation. (3) Mother did not provide financial or in-kind support for Child except for some token items at visits. (4) There are no additional services the agency can provide to Mother. (5) Mother had not demonstrated any commitment or interest in Child. (6) Mother did not have any felony convictions of such a nature to deprive Child of a stable home. (7) There were not deliberate acts of Mother or another that subjected Child to a

3 substantial risk of physical or mental harm. Additionally, the court noted that due to Mother's neglect, unwillingness to participate in services, untreated mental conditions, and inability to provide for Child's needs, Mother failed to rectify the conditions that led to the removal of Child. Further, the continuation of the parent-child relationship greatly diminished Child's prospects for early integration into a stable and permanent home. All of these findings were amply supported by the evidence at trial. Although Mother had obtained housing approximately eight months prior to trial, 1 Mother had been homeless for years and still did not have the means to provide for Child at the time of trial. When she attended parenting classes, she continued to struggle with parenting skills. She was argumentative and disruptive in the classes. During supervised visits, she had to be reminded how to feed Child and change Child's diapers. Mother missed many of the visits with Child and was not prepared for them. She brought moldy baby bottles to the visits at least ten times and tried to feed Child expired formula or expired cereal numerous times. Mother's psychological evaluation indicated mental health issues that need long-term treatment, which Mother was not willing to address. The psychologist reported that Mother was insensitive to the negative impact her behaviors have on other people and that put Child at risk of harm or at risk for lack of care. The finding that it is in the best interest of Child to terminate Mother's parental rights was not an abuse of discretion. The point is denied; the judgment is affirmed.

1 The trial took place in December 2019. Monique Hyden, a foster care manager through Springfield Partners, testified that Mother obtained housing in May 2019, through the Shelter Plus program, and had maintained that housing as of the time of trial. As long as Mother engaged in services through Burrell and qualified for services, the Shelter Plus program continued to help pay the rent and utilities at that home. Ms. Hyden had completed a home visit at that residence; the home met minimal standards and would be appropriate for Child. Aside from obtaining housing, however, Mother had not made progress.

4 Nancy Steffen Rahmeyer, J. – Opinion Author

Gary W. Lynch, P.J. – Concurs

William W. Francis, Jr., J. – Concurs

Authorities Cited

Statutes, rules, and cases referenced in this opinion.

Statutes

Holdings

Issue-specific holdings extracted from the court's opinion.

AI-generated
  1. Issue: Whether the trial court abused its discretion in determining that it was in the best interest of the Child to terminate Mother's parental rights.

    No; the trial court's decision was not arbitrary, unreasonable, illogical, or ill-considered, and its findings on the statutory factors were amply supported by the evidence.

    Standard of review: abuse of discretion

Related Opinions

Cases sharing legal topics and authorities with this opinion.

In the Interest of R.R.S., S.C.S., J.B.S., R.H.S., and C.M.S. D.A.W., Appellant vs. DENT COUNTY JUVENILE OFFICE, Respondent(2019)

Missouri Court of Appeals, Southern DistrictApril 24, 2019#SD35707

affirmed
family-lawmemorandum6,500 words

IN THE INTEREST OF: M.K.S., a minor child. LAWRENCE COUNTY JUVENILE OFFICE, Petitioner-Respondent, vs. W.J.S., Respondent-Appellant(2020)

Missouri Court of Appeals, Southern DistrictDecember 2, 2020#SD36702

affirmed
family-lawmajority860 words

In re the matter of: A.L.P. and S.H.P., minors; Alicia Smith, Respondent, vs. Lora Martinez, Appellant.(2026)

Supreme Court of MissouriFebruary 24, 2026#SC101121

reversed

The Missouri Supreme Court reversed the circuit court's grant of third-party visitation to Smith under section 452.375.5(5)(a), holding that this statute does not create an independent cause of action for third-party visitation when custody is not at issue. The court determined that Smith lacked standing to seek visitation rights after Martinez was granted full parental rights through adoption.

family-lawper_curiam3,296 words

M.D.M, Appellant, v. A.W.S., Respondent.(2026)

Missouri Court of Appeals, Eastern DistrictFebruary 10, 2026#ED113141

affirmed

The court affirmed the circuit court's child custody and support judgment, rejecting Father's six points of error regarding the Form 14 calculations, denial of Line 11 credit despite equal visitation time, disproportionate attorney's and GAL fees, and exclusion of testimony on equitable abatement. The appellate court found that Father failed to meet the required analytical standards for challenging the judgment and that the circuit court properly exercised its discretion in denying the Line 11 credit and ruling against equitable abatement.

family-lawmajority3,425 words

In the Interest of: J.H., K.H., T.H., Juveniles; Juvenile Officer vs. J.M.S.(2025)

Missouri Court of Appeals, Western DistrictDecember 16, 2025#WD87887

affirmed
family-lawmajority8,849 words

C.M.L., et al., Appellants, v. S.R.B.-F., Respondent.(2025)

Missouri Court of Appeals, Eastern DistrictOctober 21, 2025#ED113155

affirmed
personal-injurymajority2,593 words