Court of Appeals of Missouri, Southern District, Second Division
IN THE INTEREST OF: M.B.N., a child under seventeen years of age. GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent,
FROM THE CIRCUIT COURT OF GREENE COUNTY. Honorable David C.
Jones, Circuit Judge.
for Appellant - Arthur E. Olson of Springfield, MO.
for Minor Child - Kristoffer Barefield of Springfield, MO.
for Respondent Greene County Juvenile Office - Paul
Shackelford of Springfield, MO.
for Respondent Missouri Children's Division - Jon Thomas
Wagner of Springfield, MO.
Steffen Rahmeyer, J., Opinion Author, Mary W. Sheffield,
P.J., Don E. Burrell, J. - Concurs.
Steffen Rahmeyer, J.
(" Mother" ), the mother of M.B.N. ("
Child" ), brings this appeal from the judgment
terminating her parental rights to Child. In her first three
points, she challenges the statutory bases for the
termination and in her fourth point she challenges that it is
in the best interest of Child to have Mother's parental
rights terminated. We affirm the judgment.
who was born in 2002, came into the care of the
Children's Division in 2010, as a result of his own
severe behavioral problems. At the same time, Child's
older sibling, who was at C-Star for substance abuse issues,
was taken into protective custody. A hotline was received
that Child had such a severe meltdown at school that the
classroom was evacuated. The principal stated that Child
when he was on his medication but, over the few weeks prior
to the meltdown, Child's behaviors had gotten worse and
more aggressive. Mother had told the school principal that
she was running low on Child's medication, which was a
patch. The Children's Division worker felt that Mother
was unreceptive to input from the Children's Division,
but Mother was told that she needed to address Child's
medication issue immediately. Mother told the principal that
she did not have money for medication and was giving Child
half the dosage of his medication.
had received services from the Children's Division during
several periods of time prior to this hotline referral.
Mother took Child to the emergency room due to an "
accidental" overdose; she said she gave him more
medication because his behavior had been worsening. Custody
was taken in June 2010, after a juvenile conference with a
determination that Mother was acting " very
erratic." Mother was told she needed to address her own
mental health needs. The court found removal was necessary
due to Mother's improper supervision of Child,
inappropriate parenting, and abuse by intentionally giving an
overdose of medication. After custody had been taken, Mother
was put on a 96-hour hold because of her comments concerning
going to sleep and not waking up.
Child was in foster care, his behavior continued to regress.
He was first in a traditional foster home but was moved
because the foster parent was afraid for the life of her
biological child. Child was hospitalized and then moved to a
career foster home, with all placements indicating he had the
same behavior issues that he had before he came into custody.
He was placed in at least three different facilities. At the
time of trial he was in a very structured group facility,
Butterfield, and continued to have negative behavior issues,
causing him to be in seclusion. He is on at least six
different medications at Butterfield. An aunt had a home
study requesting custody, but was not approved. No other
family members stepped forward as a possible placement and
there was no future placement ...