7-9 This Weeks Case Law Update

Evidence For Terminating Parental Rights Was Too Old
Finding of neglect must "be based on conduct at the time of termination, not just at the time jurisdiction was initially taken." Circuit Court entered its judgment terminating Father's parental rights on a record of neglect and failure to rectify that was a year and five months old. Finding on lack of bonding was not supported by substantial evidence.
In the Interest of C.A.L., a child under seventeen years of age. Missouri Court of Appeals Southern District

Evidence Showed No Failure To Rectify
Mother had temporary financial troubles, based on health problems, after which she supported her children. Mother failed to visit Child, but only when incarcerated, and "visited consistently and regularly" since then. "[N]othing in the record speaks to circumstances that existed at the "time of termination." Bonding assessment was two years old, but showed that Mother had bonded with Child. Judgment terminating the parental rights of Mother reversed.
In the Interest of C.A.L., a child under seventeen years of age. Missouri Court of Appeals Southern District

Post: The Missouri Bar

No Appeal From Stay
Circuit Court's stay of a paternity action, pending litigation in Illinois, is not a final judgment, so it is not subject to appeal.
Valerie May Palmer, et al., Plaintiffs/Appellants v. Roberto Grajeda, Jr., Defendant/Respondent. Missouri Court of Appeals Eastern District