In the interest of M.K.S.
NO. SD36702
Filed December 2, 2020
Appeal from the Circuit Court of Lawrence
County to MO Court of Appeals – Southern District
M.K.S. (hereinafter “the minor child’), was taken into foster care in 2016 when she was five years old after her biological mother was incarcerated for a second time. Mother had previously been incarcerated from 2012-2015, thus separating Mother and child for about three years.
The child was initially placed with family members but Child Services also found that environment to be inappropriate. The minor child suffered from serious medical and dental issues and also had a mental disorder known as Reactive Attachment Disorder (“RAD”). Mother’s parental rights were terminated by the trial court. Mother filed an appeal arguing that TPR was not in the child’s best interests.
The Appellate opinion held in its opinion that “there is no requirement that a certain number of factors be found against Mother before termination takes place. The presence of a single factor could support the determination of a child’s best interests. When it was reviewed in the totality of the be circumstances and that finding is a subjective assessment made by the trial court.”
The trial court found that the child spent seven out of her nine years outside of Mother’s care. Mother did not maintain contact with the child and the minor child had no emotional attachment to her mother. Mother had never provided for the child and lacked the commitment to do so. Mother’s incarceration until 2026 was also taken into consideration.
Trial Court ruling affirmed.
