Missouri Court Case: In re K.C.M.

IN THE INTEREST OF: K.C.M. JUVENILE OFFICER, Respondent, v. D.M. (Natural Mother) and R.M. (Natural Father), Appellants. 

WD 60742 (Consolidated with WD 60972) 

COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT 

85 S.W.3d 682 

September 10, 2002, Opinion Filed 

Appeal from the Circuit Court of Howard County, Missouri. The Honorable Ralph H. Jaynes, Judge. 

Judgment terminating father's parental rights affirmed. Judgment terminating mother's parental rights reversed and remanded. 

COUNSEL:
Kenneth D. Kyser, Moberly, MO, Attorney for Respondent.

Edward Berg, Columbia, MO, Attorney for Natural Mother.

Loramel P. Shurtleff, Columbia, MO, Attorney for Natural Father.

Randy Flow, Fayette, MO, Guardian ad litem. 

JUDGES:
Before: Ulrich, P.J., and Spinden and Smith, JJ. Ulrich, P.J., and Spinden, J., concur. 

OPINIONBY:
Edwin H. Smith 
D.M. (mother) and R.M. (father) appeal from the judgment of the Circuit Court of Howard County, Juvenile Division, terminating their parental rights to K.C.M., n1

pursuant to § 211.447. n2

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n1 Their appeals were consolidated by order of this court.
n2 All statutory references are to RSMo 2000, unless otherwise indicated.

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The mother raises two points on appeal. In Point I, she claims that the juvenile court erred in terminating her parental rights to K.C.M. pursuant to: (1) § 211.447.2(1), for being in foster care at least fifteen of the most recent twenty-two months; (2) § 211.447.4(2), for abuse and neglect; and (3) § 211.447.4(3), for failure to rectify after being under the jurisdiction of the juvenile court for a period of one year, because the court failed to make the requisite findings to terminate under those subsections in that the court's findings in that regard were incomplete and were not supported by the record. In Point II, she claims that the trial court erred in terminating her parental rights to K.C.M. based upon its finding that termination was in the best interest of the child, as required by § 211.447.5, because the court's best interest findings under § 211.447.6 were incomplete and were not supported by the record. The father raises what he denominates as three points on appeal. In Point I, he "adopts in their entirety the points relied upon as set forth in [the mother's] brief." He then proceeds in Points II and III to reiterate the same two points raised by the mother. Thus, regardless of the father's characterization, he raises only two points on appeal, which are identical to those raised by the mother.
We affirm the circuit court's judgment terminating the father's parental rights to K.C.M., but reverse the court's judgment terminating the parental rights of the mother and remand the case for further findings consistent with this opinion.