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In re E.T.C.6/15/2004
Opinion Vote: AFFIRMED. Shaw, P.J., and Crahan, J., concur.
Opinion:
IntroductionEllen Mary Behan-Carter ("Mother") and Lance E. Carter ("Father") appeal the Findings/Recommendations, Order, Judgment and Decree of the Family Court of St. Louis County terminating their parental rights as to their minor child, E.T.C. ("Child"). We affirm.Statement of the Facts and Proceedings Below Pursuant to section 211.031 RSMo 2000, a juvenile officer filed a Petition alleging that Mother neglected or refused to provide for Child's education. The Petition noted that Father did not have primary physical custody of Child during the referenced school term. On July 20, 2001, the juvenile officer filed an Amendment to the Petition adding that mother had not been taking her prescribed anti-depressant or anti-psychotic medicine and exhibited delusional thinking. The Amendment further alleged that Father had knowledge of Mother's behavior and mental condition yet failed to make arrangements for Child's protection. As a result, Child was removed from Mother's custody.
On October 25, 2001, the court adjudicated these allegations. In its Recommendation/Order, Judgment and Decree, the court placed legal custody of Child with the Division of Family Services ("DFS") and physical custody of Child with Child's paternal aunt and uncle. In its Order, the court directed DFS and the juvenile officer "to execute and place in the legal file for the court's approval a service plan within 45 days for each parent." The court further ordered Father to submit to a psychological evaluation and ordered Mother to submit to a psychiatric evaluation, sign information releases, take all prescribed medication and follow all treatment recommendations. The court also ordered each parent to participate in individual counseling.
Father signed his service plan on August 20, 2001. According to the plan, Father was required to: (1) visit Child at least two times each month; (2) provide financial contributions towards the support of Child; (3) obtain a drug/alcohol evaluation and psychological/psychiatric evaluations; (4) submit to drug/alcohol screening within one day of DFS request; (5) maintain housing meeting DFS minimum standards for Father and Child; (6) arrange for DFS approved daycare; (7) attend and participate in family counseling, parenting classes and any additional classes recommended as a result of the required drug/alcohol and/or psychological/psychiatric evaluations; (8) inform DFS of any address, telephone, or job changes; (9) cooperate and use the services offered by DFS or the court; (10) comply with all court orders currently in effect and provide proof of attendance and participation in the required classes; and (11) sign all information releases requested by DFS.
Mother signed her service plan on May 29, 2002. According to the plan, Mother was required to: (1) visit Child once recommended by Child's therapist and Mother's therapist, as supervised by DFS; (2) provide financial contributions towards the support of Child; (3) obtain psychological/psychiatric evaluations; (4) submit to drug/alcohol screening within two days of DFS request; (5) maintain housing meeting DFS minimum standards for Father and Child; (6) arrange for DFS approved daycare; (7) attend and participate in psychological/psychiatric counseling, parenting classes, job training and any additional classes recommended as a result of the required psychological/psychiatric evaluations; (8) inform DFS of any address, telephone, or job changes; (9) cooperate and use the services offered by DFS or the court; (10) comply with all court orders currently in effect and provide proof of attendance and participation in the required cla
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