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· 3/1/2016

James and Susanne Scholz v. Wayne \Ross\ Schenk and Stacy Michelle Schenk

Citations

  • 489 S.W.3d 306
  • 2016 Mo. App. LEXIS 192

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that court \must consider the designated length of the sentence and may consider the possibility of early release\
  • noting that when a court addresses the incarceration ground for termination of parental rights, the court is not required to presume an early release
  • recognizing a court may consider circumstances that could delay reunification after release, such as release conditions and the time needed for a parent to complete services after release
  • noting that the court “may consider the possibility of early release”
  • “Nothing in this Opinion should be taken to mean that a sentence of 2.5 years, as a matter of law, will suffice to support severance pursuant to § 8– 533(B)(4).”
  • affirming a juvenile court’s severance order, although father was released from prison at the time of the appeal, and calculating the time of incarceration pursuant to § 8-533(B)(4) as the entire time of incarceration, not just the time after DCS filed a severance petition

Source: CourtListener parenthetical corpus (CC0).

Judges: Cynthia, Karen, King, Mark, Martin, Mitchell, Pfeiffer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.