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In re E.T.C.6/15/2004
rder prohibited Mother from physical contact with Child, but nothing prohibited Mother from making telephone inquiries or writing letters to Child. Moreover, the order allowed for visitation on the approval of Mother's therapists. Evidence indicates that, on August 7, 2001, DFS sent Mother the names of therapists and people with whom she could arrange a psychiatric evaluation. Despite receiving referrals to these therapists, Mother never responded, and chose not to enter therapy. Finally, although she provided occasional gifts, Mother did not provide Child with any financial support. Accordingly, there is sufficient clear, cogent and convincing evidence to support the finding that Mother abandoned Child. Point denied.
D. Section 211.447.4(2)
In her fourth point on appeal, Mother argues that the trial court erred in terminating her parental rights because there was insufficient clear, cogent and convincing evidence to support the findings made pursuant to section 244.447.4(2). In support of this contention, Mother claims that she never abused her Child. Again Mother asserts that she is "only physically and financially unable to provide [Child] with adequate food, clothing, shelter, education or other necessary care and control" because a symptom of her disability is resistance to treatment and the Children's Division of the DFS did not provide enough assistance.
Section 211.447.4(2) provides, a juvenile officer may file a petition to terminate the parental rights when "the child has been abused or neglected. In determining whether to terminate parental rights...the court shall consider...(a) mental condition...which renders the parent unable to knowingly provide the child the necessary care, custody and control; (b) hemical dependency...; (c) severe or recurrent acts of physical, emotional or sexual abuse towards the child or any child in the family...; (d) epeated or continuous failure by the parent, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education...." A finding that one of the four factors is present is sufficient to support termination of parental rights. In the Interest of B.C.K., 103 S.W.3d 319, 327 (Mo.App.S.D. 2003).
In this case, the record supports the conclusion that Child was adjudicated abused and neglected on October 25, 2001. The record supports the court's findings, pursuant to section 211.447.4(2)(a), that Mother suffers from a treatable mental condition but that, without treatment, Mother has been admitted to the Metropolitan St. Louis Psychiatric Center on two occasions. It is clear from the record that upon her release from the Metropolitan St. Louis Psychiatric Center Mother unilaterally discontinued the necessary medications and failed to enter therapy as prescribed at discharge. The record further establishes, in accordance with section 211.447.4(2)(d), Mother has repeatedly or continuously failed to provide Child with adequate food, clothing, shelter, or control necessary for Child's development. Further, Mother never provided the foster parents or the DFS with any financial support for Child. Accordingly, there is sufficient clear, cogent and convincing evidence to support the finding that Mother was unable to knowingly provide Child the necessary care, custody and control and further that Mother neglected Child. Point denied.
E. Section 211.447.4(3)
In her fifth point on appeal, Mother argues that the trial court erred in terminating her parental rights because there was insufficient clear, cogent and convincing evidence to support the findings made pursuant to section 244.447.4(3). In support of this contention, Mother asserts that there is insuff
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