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In re E.T.C.6/15/2004
icient evidence that the continuation of the Mother-Child relationship would diminish Child's prospects for integration into a stable and permanent home. Mother explains that she never physically harmed Child and, given proper treatment for her disability, Mother can provide Child with a stable and permanent home. Mother further contends that the court overlooked the inadequacy of the service plan in accommodating her disability.
Section 211.447.4(3) provides, a juvenile officer may file a petition to terminate the parental rights when "the child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist,...or the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights, the court shall consider...(a) he terms of the social service plan...and the extent to which the parties have made progress in complying with those terms; (b) he success or failure of the...juvenile officer, the division...to aid the parent on a continuing basis...to provide a proper home for the child; (c) mental condition which is shown by competent evidence...which renders the parent unable to knowingly provide the child the necessary care, custody or control; (d) hemical dependency...." While the trial court is required to make findings regarding each of these four factors, proof of one of these four factors is sufficient for the court to terminate parental rights. In the Interest of A.S.O., 75 S.W.3d 905, 912-13 (Mo.App.W.D. 2002).
As a preliminary matter, it is undisputed that Child has been under the continual jurisdiction of the court for over one year. Likewise, the court properly considered that, despite the instructions provided upon discharge from Metropolitan St. Louis Psychiatric Center, Mother failed to enroll and participate in therapy. Accordingly, Mother failed to comply with her service plan. Further, the evidence indicates that the DFS provided in-home services through Edgewood Children's Center, however Mother did not cooperate with the workers. Finally, the juvenile officer adequately proved and the court appropriately found that Mother suffers from a myriad of psychological issues.
Although Mother's disability is treatable, treatment requires continual medication and therapy, both of which Mother unilaterally discontinued. According to Dr. Rastogi-Cruiz, when off of her prescribed medications, Mother can exhibit delusions, irritability, racing thoughts, hyper-religiosity, hyper-sexuality, and hyper-talkativeness. Patricia Openlander testified that one year at Easter, Mother started yelling "crazy things" and it was apparent that she could not control her talking. As a result, Child has stated to Ms. Openlander that he is scared of Mother. Accordingly, there is sufficient clear, cogent and convincing evidence to support the finding that continuation of the Mother-Child relationship diminishes Child's chances of early integration into a stable and permanent home. Point denied.
F. Americans with Disabilities Act Defense
In her sixth point on appeal, Mother contends that the trial court erred in failing to rule on her affirmative defenses under the ADA. In support of this contention, Mother asserts that the DFS violated Title II of the ADA when it refused to accommodate Mother's disability as part of reunification efforts prior to terminating her parental rights.
It appears that Mother's ADA claim is simply another, albeit creative, way of arguing that she should not be held accountable because DFS f
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