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In re K.S.W.

Court of Appeals of Missouri, Western District, Third Division

February 17, 2015

IN THE INTEREST OF: K.S.W.; Plaintiff,
v.
C.P.S.; Appellant, JUVENILE OFFICER; Respondent, DEPARTMENT OF SOCIAL SERVICES, MISSOURI CHILDREN'S DIVISION, Respondent, D.B.W., Appellant

Page 423

Appeal from the Circuit Court of Jackson County, Missouri. The Honorable John M. Torrence, Judge.

Valerie Sieverling, Kansas City, MO, Counsel for Appellant, C.P.S.

Laurie Snell, Kansas City, MO, Counsel for Appellant, D.B.W.

Donald Forrester, Kansas City, MO, Counsel for Plaintiff.

Lori Fluegel, Kansas City, MO, Counsel for Respondent, Juvenile Officer Gary.

Gary Gardner, Jefferson City, MO, Counsel for Respondent, Dept. of Social Services.

Before Division Three: Victor C. Howard, P.J., James Edward Welsh, and Gary D. Witt, JJ. All concur.

OPINION

Page 424

James Edward Welsh, J.

C.P.S. and D.B.W. (" the Parents" ) appeal the circuit court's judgment sustaining the Juvenile Officer's petition which alleged that K.S.W. (" the Juvenile" ) was without the necessary and proper care, custody, or support and is subject to jurisdiction of the court, pursuant to section 211.031.1, RSMo.[1] We dismiss.

Background

This case was initially presented to the circuit court in 2011 and 2012. The circuit court sustained the Juvenile Officer's petition at that time, and, on appeal, this Court reversed and remanded for rehearing in In re K.S.-W., 412 S.W.3d 452, 457 (Mo. App. 2013). That opinion recites the pertinent background facts as follows:

In December of 2003, when K.S.-W. was ten years old, the Children's Division placed K.S.-W. in the foster home of Appellants[2] after he was abused in his prior foster home. Appellants adopted ...

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