# In Interest of M.J. v. Greene County Juvenile Office > Missouri Court of Appeals · November 14, 2001 · 66 S.W.3d 745 URL: https://www.frixlaw.com/law-library/cases/9652496 ## Case - **Full name:** In the Interest of M.J. and CJ. T.J., Appellant, v. GREENE COUNTY JUVENILE OFFICE, Respondent - **Court:** Missouri Court of Appeals - **Decided:** November 14, 2001 - **Citations:** 66 S.W.3d 745; 2001 Mo. App. LEXIS 2029; 2001 WL 1416530 - **Precedential status:** Published - **Opinion:** Dissent by Rahmeyer - **Judges:** John E. Parrish - **Cited by:** 27 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9652496 ## Opinion text NANCY STEFFEN RAHMEYER, Judge, dissenting. I reluctantly and respectfully dissent. A careful review of the evidence indicates there is not sufficient evidence to support the finding that it is in the children’s best interest to have father’s parental rights terminated. The termination of parental rights is governed by §§ 211.447-211.487 of the Missouri Revised Statutes (2000). In considering whether a parent’s rights should be terminated, a court must first determine whether clear and convincing evidence indicates that one or more of the grounds for termination under § 211.447 RSMo (2000) exist. If grounds exist, the juvenile court must next determine whether the termination is in the best interests of the child. § 211.447.5, RSMo 2000; In the Interest of C.N.W, 26 S.W.3d 386, 393 (Mo.App.E.D.2000). Only after both questions are resolved in the affirmative may a parent’s rights be terminated. The only testimony from the Juvenile Officer concerning the termination came from two different DFS workers. Both testified that father was generally compliant with all of the provisions of his service plan except being able to provide a stable home environment. He attended parenting classes, counseling classes, contributed to the support of the children, attempted to have visitation with both children when he was at a halfway house in Springfield, and was generally cooperative with DFS. He met the objectives of the treatment plan except he cannot provide a home at the current time because he is incarcerated. There is no dispute that the statutory factor of the child being in foster care for fifteen of the most recent twenty-two *750 months was met; however, the analysis must continue. “In any proceeding for termination of parental rights, the best interests of the children are the primary concern.” In the Interest of M.R., 894 S.W.2d 193, 195 (Mo.App. E.D.1995). Of the most concern is that both children are in foster homes for children with behavior disorders. There was no testimony regarding the children’s current needs. The only evidence that it is in the children’s best interests to have father’s parental rights terminated is that the DFS worker hopes the girls can be adopted. Although there was evidence that twelve-year-old C.J. has been in the same foster home for three years, there was no evidence as to future plans or current foster care placement of sixteen-year-old M. J. The two children are placed hundreds of miles from each other and appear to have no contact with each other. Each child’s needs should have been considered separately. The evidence concerning father is that he has been in prison since September 9, 1991. Because of changes in the federal courts on sentencing guidelines, his release date is uncertain; the earliest would be immediately and the latest would be April 16, 2004. While I do not diminish the seriousness of father’s drug offenses, he has spent ten years in prison for his crimes. Father’s witnesses were both his counselors at the halfway house where he lived pending his release. These men worked for years at the federal penitentiary prior to their employment at Alpha House. Both indicated father had matured and evolved to the point that he was ready to turn his life around. One counselor described father as having the best attitude of any person the counselor had seen in twenty-two years of working within the federal system. Father had taken responsibility for his actions and wanted to care for his family. The termination of parental rights is not a punishment for a parent, it is for the benefit of the child. To affirm an order terminating a party’s parental rights there must be clear, cogent and convincing evidence that termination is in the children’s best interests. In the Interest of W.S.M., 845 S.W.2d 147 , 150 (Mo.App. W.D.1993). “Clear, cogent and convincing evidence in an action for termination of parental rights is evidence that instantly tilts the scales in favor of termination when weighed against the evidence in opposition and the finder of fact is left with the abiding conviction that the evidence is true.” In Interest of J.M., 815 S.W.2d 97, 101 (Mo.App.1991). The evidence here does not meet that standard. Although the goal of permanency planning for all children is worthy, before the court determines that a child shall have no legal parents, we should carefully consider each child’s future. If these children were younger, in a stable home, and doing well, then perhaps the Juvenile Officer would have met his burden that termination be in the children’s best interest. If the children had not already spent six years in the foster care system, apparently without success, I might be more hopeful of the “permanency planning” of adoption by someone else but, as it stands now, I see two children who have spent a good portion of their lives in foster care, being eighteen years of age and having no family. I would find that there is insufficient evidence to support the judgment and reverse the termination of father’s rights. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9652496. Public record. Not legal advice.