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In re E.T.C.6/15/2004
ailed to provide her with adequate services. However even assuming, arguendo, DFS' services were inadequate, a failure by DFS to provide treatment or services is "no defense to a termination proceeding." In the Interest of D.B., 916 S.W.2d 430, 434 (Mo.App.E.D. 1996). Point denied.
Father's Appeal
A. Section 211.447.2(1)
In his first point, Father contends that the trial court erred when it found that Child has been in foster care for a period exceeding fifteen of the most recent twenty-two months as a ground for the termination of his parental rights. Father cites M.D.R., 124 S.W.3d 469 to support this contention. The juvenile officer concedes and we agree that, in light of M.D.R., section 211.447.2(1) does not alone support a termination of parental rights. As previously stated, however, the court properly found several other grounds to support the termination of Father's parental rights and " he satisfaction of one statutory ground for termination is sufficient to terminate parental rights, if the termination is in the child's best interest." Id. at 476. Point denied.
B. Section 211.447.4(2)
In his second point, Father contends that there was insufficient clear, cogent and convincing evidence to support the court's findings made pursuant to section 211.447.4(2). Specifically, Father contends that the fact that Child was in both the legal and physical custody of the DFS prevented Father from "shouldering the parental responsibilities set forth in section 211.447.4(2d)." Furthermore, Father contends that the service plan never ordered him to pay support and that the actions of Mother rendered Father unable to pay support.
In determining whether to terminate parental rights based on abuse or neglect the court considers four factors. Section 211.447.4(2). The factors include: (a) a mental condition; (b) chemical dependency; (c) severe or recurrent acts of physical, emotional or sexual abuse towards the child or any child in the family; and (d) repeated or continuous failure, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education. An affirmative finding on any one of these four factors is sufficient to support termination of parental rights. B.C.K., 103 S.W.3d at 327.
Child was adjudicated abused and neglected on October 25, 2001. Pursuant to section 211.447.4(2)(d) the court found that Father repeatedly or continuously failed to provide Child with adequate food, clothing, shelter, or control necessary for Child's development. The record discloses that, despite being employed, Father never provided the foster parents or the DFS with any financial support for Child. By Father's own admission in his brief, the service plan required Father, inter alia, to pay child support. Moreover, "it is immaterial that the State never requested that Father contribute to the support of his [child]." In the Interest of T.G., 965 S.W.2d 326, 335 (Mo.App.W.D. 1998). Financial support of a child is a continuing obligation. In the Interest of Q.M.B., 85 S.W.3d 654, 660 (Mo.App.W.D. 2002); T.G., 965 S.W.2d at 335. The trial court's finding that Father failed to provide support and thereby neglected Child is supported by clear, cogent and convincing evidence. Point denied.
C. Section 211.447.4(3)
In his third point, Father contends that there was insufficient clear, cogent and convincing evidence to support the court's findings made pursuant to section 211.447.4(3). Specifically, Father asserts that there is insufficient evidence that the continuation of the Father-Child relationship would diminish Child's prospects for integration into a stable and permanent home.
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