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In re E.T.C.6/15/2004
sses; and (11) sign all information releases requested by DFS.
The juvenile officer filed a Petition to Terminate Parental Rights on November 20, 2002. The juvenile officer sought to terminate parental rights because (a) Child had been adjudicated abused and neglected on October 25, 2001; (b) Child had been under the court's jurisdiction continually for at least one year; (c) Child had been in foster care for at least fifteen of the most recent twenty-two months; (d) Mother abandoned Child for a period of six months or longer before the filing of this petition; (e) Father abandoned Child for a period of six months or longer before the filing of this petition; and (f) John Doe, the unknown father of Child, abandoned Child for a period of six months or longer before the filing of this petition.
The court initially set the petition for hearing on December 17, 2002. On December 17, 2002, however, the court set the cause for a contested Termination of Parental Rights hearing on February 19, 2003. On February 19, 2003, the court reset the cause for a contested Termination of Parental Rights hearing. On April 7, 2003, the court issued its order granting Mother's motion for continuance until June 24, 2003, noting that " either parent shall be granted any further continuances."
Accordingly, on June 24, 2003, the court held a hearing on the Petition to Terminate Parental Rights. Father appeared in person and by counsel. Mother appeared by counsel. Mother did not personally appear because she was in Ireland. Mother's counsel orally moved for a continuance until such time as she could return to St. Louis. The court denied the motion.
At trial, the juvenile officer first called Dr. Davena Rastogi-Cruiz. Dr. Rastogi-Cruiz explained that, as of the June 24, 2003 hearing, Mother twice had been admitted to the Metropolitan St. Louis Psychiatric Center. Dr. Rastogi-Cruiz treated Mother during both stays. Dr. Rastogi-Cruiz diagnosed Mother with bipolar affective disorder, manic with psychotic features and treated Mother with mood stabilizers and anti-psychotic medication. Upon discharging Mother from the Metropolitan St. Louis Psychiatric Center, Dr. Rastogi-Cruiz ordered Mother to continue taking both medications and follow up with an outpatient psychiatrist.
Dr. Rastogi-Cruiz stated that although Mother's illness was treatable, it was not curable. She explained the importance of Mother staying on the prescribed medications. According to Dr. Rastogi-Cruiz, without these medications, Mother exhibited delusions, irritability and racing thoughts, some hyper-religiosity, hyper-sexuality, and hyper-talkativeness. In her opinion, if Mother did not take her medication, Mother could not provide a stable environment and Child was at risk of being neglected. On cross-examination, Dr. Rastogi-Cruiz acknowledged that one of the symptoms of Mother's illness was noncompliance with treatment.
The juvenile officer next called Penny Moore the DFS caseworker assigned to Child's case. Ms. Moore explained that Child had been in foster care continuously since the court took jurisdiction. Specifically, from July 2001 through August 2002, Child lived with Patricia and Thomas Openlander, Child's paternal aunt and uncle, and from August 2002 through the hearing date, Child lived with Sherry Carter, another paternal aunt.
Ms. Moore testified that records indicated that Father worked as a truck driver. Beginning in November 2001, Father began working as an over-the-road driver. Father lived out of his truck and did not provide adequate housing for Child. Ms. Moore stated that Father visited Child ten times and although Father provided occasional gifts for Child, he did no
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