Recent case: Termination of parental rights for failure to rectify
When children are taken into protective care by the children’s division, the goal is to reunite the children and the parent(s). However, parental rights can ultimately be terminated because of a failure of the parents to remedy the cause(s) of the children to be taken into protective care in the first place. This is called “failure to rectify.” A termination of parental rights for failure to rectify requires clear and convincing proof that:
In this recent case, the Court terminated parental rights, and stated that “every child is entitled to a permanent and stable home.” The evidence supporting the termination of parental rights include mental condition of the mother—supported as to documentation, duration, and severity —failure to comply with the court ordered treatment plan, and failure to improve behavior. The evidence showing that termination of parental rights was in children’s best interest includes evidence that one child never lived with parent, another had emotional damage from living with parent, and third child’s behavior was better without the parent.
Missouri Court of Appeals
SD33150, SD33151, SD33152 (Consolidated)