Court of Appeals of Missouri, Western District, Third Division
IN THE INTEREST OF: B.P., Plaintiff, JUVENILE OFFICER, Respondent,
H.P. (MOTHER), Appellant.
FROM THE CIRCUIT COURT OF COLE COUNTY, MISSOURI THE HONORABLE
JOHN B. BERKEMEYER, JUDGE
Before: Victor C. Howard, Presiding Judge, Cynthia L. Martin,
Judge and Gary D. Witt, Judge
C. HOWARD, JUDGE
(Mother) appeals from the circuit court's order
temporarily suspending her contact with her son, B.P. She
contends that substantial evidence did not support the order.
The appeal is dismissed.
an ongoing juvenile case. It began in October 2016 when the
Juvenile Officer filed a delinquency petition alleging that
twelve-year-old B.P. committed the class D felony of
tampering with a motor vehicle and the class B misdemeanor of
property damage. An adjudication and disposition hearing was
held in January 2017, and B.P. admitted the allegations. The
circuit court entered judgment assuming jurisdiction over
B.P. pursuant to section 211.031.1,  making B.P. a ward of the
court, placing him in the custody of Mother under the
supervision of Mother and the Juvenile Officer, placing him
on formal probation, and ordering B.P. to abide by the
special conditions of intensive supervision services,
community service, and counseling as arranged by his parents.
March 2017, the Juvenile Officer filed a motion to modify the
order of disposition alleging that B.P. committed the class B
misdemeanor of property damage in January 2017. The Juvenile
Officer further alleged neglect and failure to support by
Mother. Specifically, it alleged that Mother is unable to
provide proper supervision as B.P. repeatedly absconds from
home for extended periods of time, Mother refuses to assist
Juvenile Officer or law enforcement when B.P. absconds from
home, Mother has been unable to provide counseling for B.P.
as ordered by the court, Mother has failed to follow through
with proper procedures for homeschooling, and Mother has
failed to report the child as a runaway on multiple
occasions. The circuit court entered an order of protective
custody ordering B.P. immediately delivered to the legal and
physical custody of the Children's Division with
visitation to Mother as agreed by the Children's
Division, the Guardian Ad Litem, and the Juvenile Officer.
adjudication and disposition hearing was held the next month.
Following the hearing, the circuit court entered judgment on
April 21, 2017, finding that all of the allegations regarding
Mother in the motion to modify were proven by clear, cogent,
and convincing evidence and assuming jurisdiction over B.P.
pursuant to section 211.031.1(1) and making him a ward of the
court. It placed B.P. in the legal and physical custody of
the Children's Division with the conditions that the
Children's Division provides efforts toward reunification
and visitation with Mother as agreed by the Children's
Division, Guardian Ad Litem, and Juvenile Officer. Mother
filed a motion to reconsider the judgment six days later.
13, 2017, the Juvenile Officer filed a motion to temporarily
suspend contact with Mother alleging that B.P. expressed that
he doesn't want contact with Mother, post interaction
with Mother, B.P. displays an escalation of negative
behaviors, and Mother verbally expressed her unwillingness to
comply with the family support team's written service
agreement including individual therapy and appropriate verbal
interaction with B.P. On June 20, 2017, a hearing was held on
the motion to suspend contact along with the Guardian Ad
Litem' motion to change of placement seeking immediate
placement of B.P. with his father on a trial home placement.
That day, the circuit court granted the motion to temporarily
suspend contact with Mother and the motion for trial home
placement with B.P.'s father pending outcome of a
background check through the Children's Division.
next day, June 21, 2017, Mother filed her notice of appeal
appealing the April 21, 2017 judgment.
in three case review hearings on July 11, 2017, August 8,
2017, and September 5, 2017, the circuit court continued
trial home placement of B.P. with his father in conjunction
with no contact with Mother.
December 5, 2017, the circuit court conducted a permanency
hearing and entered an order finding that the permanency plan
is reunification. It found that B.P. remains placed in the
legal and physical custody of the Children's Division and
his father with continuation of trial home placement with his
father. The court further ordered that the Children's
Division provide efforts toward reunification and reinstated
visitation with Mother as agreed by the Children's
Division, Guardian Ad Litem, and Juvenile Officer.
that month, the Juvenile Officer filed a motion to modify the
previous order of disposition alleging that B.P.'s father
refuses to provide proper care, custody, or control of B.P.
and has requested he be removed from his home. The circuit
court entered an order of protective custody ordering B.P.
immediately delivered to the legal and physical custody of
the Children's Division with visitation to Mother as
agreed by the Children's Division, the Guardian Ad Litem,
and the Juvenile Officer.
January 5, 2018, Mother filed a motion for reconsideration of
placement seeking placement of B.P. with her. A hearing was
held on the motion on February 6, 2018. The circuit court
ordered that B.P. is continued as a ward of the court and
released him into the physical custody of Mother. It further
ordered GPS monitoring of B.P. and that Mother enroll B.P. ...