 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
In re E.T.C.6/15/2004
While Father admits that he had an obligation to carry out his service plan, Father asserts that he made a good-faith effort to comply with the plan's terms. Father contends that the lack of action by the DFS "doomed" his performance of the conditions of the plan.
The 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 conditions which led to assumption of jurisdiction still persist, or continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. Section 211.447.4(3). In determining whether to terminate parental rights on this basis, the court considers: (a) the terms of the social service plan and the progress made in complying with those terms; (b) the aid provided the parent to provide a proper home for the child; (c) any mental condition which renders the parent unable to provide the child the necessary care, custody or control; and (d) chemical dependency. Id. The court considers all factors together with other relevant evidence. A.S.O., 75 S.W.3d at 912. 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. Id. at 912-13.
Here, there is no dispute that Child has been under the continual jurisdiction of the court for over one year. The court made findings on each of the four factors, as required, and found that factors (a) and (b) applied to Father. The court properly considered that Father failed to comply with his service plan. According to Ms. Moore's review of Child's file, Father never contacted a caseworker to set up the required psychological evaluation and parenting class or even to provide an address. Contrary to Father's contentions, Father did not need the assistance of the DFS in complying with many terms of his service plan. Father did not need anyone's permission or clearance to visit, call or write Child. Despite this, Father failed to visit with his son twice a month, pay financial support, or obtain adequate housing for himself and Child as required by the service plan. Further, the evidence indicates that the DFS provided in-home services through Edgewood Children's Center as well as other assistance toward the requirements of Father's service plan. Accordingly, there is sufficient clear, cogent and convincing evidence to support the finding that continuation of the Father-Child relationship diminishes Child's chances of early integration into a stable and permanent home. Point denied.
D. Section 211.447.4(1)
In his fourth 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(1). Furthermore, Father asserts that there is insufficient evidence he abandoned Child. In support of his contention, Father first asserts that he visited Child on a regular basis and then alleges that he had "good cause" for not visiting and supporting child in a more meaningful manner.
A child is considered abandoned if, for a period of six months or longer, the parent has left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so. Section 211.447.4(1)(b). As stated above, Father was gainfully employed during the time that Child was under the court's jurisdiction. Despite this, Father did not provide Child's foster parents or the DFS with any financial support for Child. Accordingly, there is sufficient clear, cogent and convincing evidence to s
Page 1 2 3 4 5 6 7 8 9 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|