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In re J.L.D.

Court of Appeals of Missouri, Southern District, Second Division

October 14, 2014

In re the Adoptions of J.L.D., C.M.D., M.J.D., and H.E.D., JASPER COUNTY JUVENILE OFFICE, Petitioner-Respondent,
v.
N.M.D., Natural Mother, Respondent-Appellant

APPEAL FROM THE CIRCUIT COURT OF JASPER COUNTY. Honorable Judge Gayle L. Crane, Circuit Judge.

FOR APPELLANT: BRADLEY R. BARTON, Webb City, MO.

FOR RESPONDENT: JOSEPH L. HENSLEY, Joplin, MO.

MARY W. SHEFFIELD, P.J. - OPINION AUTHOR. NANCY STEFFEN RAHMEYER, J. - CONCURS. GARY W. LYNCH, J. - CONCURS.

OPINION

MARY W. SHEFFIELD, P.J.

Page 551

N.M.D. (" Mother" ) appeals from the trial court's order terminating her parental rights in her four minor children. Mother claims the trial court's judgment should be reversed because the trial court failed to comply with Section 211.459.[1] Mother's claim is not preserved for appellate review, so we affirm the trial court's judgment.

Factual and Procedural Background

Mother does not challenge the trial court's findings regarding the grounds for termination or that termination was in the children's best interest. Thus, we discuss only the facts relevant to Mother's procedural claim.

The children were taken into protective custody during the summer of 2011 because the home in which they were living was not sanitary and the children lacked proper supervision. The children were placed with D.L.D. (" Grandfather" ) and L.S.D. (" Grandmother" ).

On August 16, 2013, Grandfather and Grandmother filed a petition for adoption. Count I of the petition alleged Mother's consent to the adoptions was not necessary under Chapter 453 because Mother had failed to provide the children with necessary care and protection.[2] Count I also requested transfer of custody and termination of parental rights under Chapter 453. Count II sought termination of Mother's parental rights based on multiple

Page 552

grounds under Chapter 211.[3] Count III was for adoption of the children.[4] On August 23, 2013, the children's father filed a consent to terminate his parental rights with respect to each of the children. On August 27, 2013, the trial court ordered an investigation and social summary.

The dispositional hearing was held on February 4, 2014.[5] At the beginning of the hearing, Mother's attorney requested a continuance. In support, he argued there had not been a report filed in the case since October and Mother needed more time to mount a defense. The trial court denied Mother's motion for a continuance. Mother ...


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