In the Interest of E.C.
In the Interest of E.C.
Opinion of the Court
S.K. (hereinafter, “Mother”) appeals from the trial court’s judgment terminating her parental rights to her minor daughters, E.C. and A.C. (hereinafter and collectively, “Children”). Mother raises three points on appeal, arguing the trial court erred in terminating her parental rights because the mandates of Section 211.455 RSMo (2000)
Children were taken into protective custody on September 26, 2003, after a petition was filed, claiming their stepfather was sexually abusing E.C. Over the next several years, Children and Mother participated in various services offered by the Children’s Division, including counseling, some visitation, psychiatric hospitalization, parenting classes, and a domestic violence assessment.
On July 11, 2005, a termination of parental rights investigation and social study was filed with the trial court. The petition seeking to terminate Mother’s parental rights was filed on August 17, 2005. After a trial, the trial court determined by clear, cogent, and convincing evidence that Mother’s parental rights should be terminated and it was in the best interest of Children to do so. Mother appeals.
In termination of parental rights cases, this Court will affirm the trial court’s judgment unless there is no substantial evidence to support it, it is contrary to the evidence, or it erroneously declares or applies the law. In the Interest of A.S.W., 137 S.W.3d 448, 452 (Mo. banc 2004). We review any conflicting evidence in the light most favorable to the judgment and will defer to the trial court’s determinations of credibility. Id. at 452-53.
Mother’s first two points on appeal, addressing the procedural mandates of Section 211.455 in a termination of parental rights hearing, are dispositive. Accordingly, we decline to address her third point on appeal.
Section 211.455 is titled, “Procedure after filing of petition.... ” Section 211.455.1 states that “[wjithin thirty days
In this case, the record clearly reflects the investigation and social study report was filed more than one month prior to the petition for termination of Mother’s parental rights. There was no evidence that the juvenile officer met with the trial court to request an investigation and social study within thirty days after the petition was filed. Accordingly, the trial court failed to comply strictly with the statutory requirements. “Failure to strictly comply with [Sjection 211.455 is reversible error.” Id. at 98.
The trial court’s judgment terminating Mother’s parental rights is reversed. The cause is remanded to the trial court with directions to hold a new trial on the petition in accordance with this opinion.
. All further statutory references are to RSMo (2000) unless otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.