J.J.D. v. K.W.D.
J.J.D. v. K.W.D.
Opinion of the Court
K.W.D. ("Father"), father of J.J.D. ("Child"), appeals from the termination of his parental rights. The trial court terminated Father's parental rights on the ground of neglect, pursuant to section 211.447.5(2), and on the ground of failure to rectify, pursuant to section 211.447.5(3).
Father's first point specifically challenges the trial court's finding that Father had an untreatable chemical dependency that prevented him from providing the necessary care, custody and control of Child. Father's emphasis on his chemical dependence omits the remaining facts as found by the trial court. Additionally, the trial court found that the parents' instability and lack of stable, appropriate and safe housing and the neglect of Child's medical conditions brought Child into foster care.
Father also contests the finding that it is in the best interests of the child that Father's rights be terminated. In addition to the factual findings that make up the statutory grounds supporting termination, the trial court found that there were no emotional ties between Father and Child, that Child does not even know Father. Father's prison sentence is such that it will deprive Child of a stable home for years. On the other hand, Child is in the same stable foster home that he has been placed with since the separation from his parents and that home is a suitable adoptive home. The trial court was free to infer that Father's behavior in all of the above evidenced a disinterest in or lack of commitment to Child. The court did not err in finding that it was in the best interests of Child that Father's parental rights be terminated. Point II is denied.
The judgment is affirmed.
Jeffrey W. Bates, J.-Concurs
William W. Francis, Jr., J.-Concurs
All references to statutes are to RSMo 2000, Cum.Supp. 2014, unless otherwise specified.
An additional concern when Child came into custody was that he tested positive at birth for morphine.
Mother's parental rights were also terminated and she has not appealed that decision. We mention her only as necessary to state the facts related to Father.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.