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· 2/25/1896

Mechanics Bank v. Terry

Citations

  • 67 Mo. App. 12
  • 1896 Mo. App. LEXIS 351

How courts have described this case

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

  • noting that the mother took steps at times \to remedy the [conditions] leading to removal of the children\ but \failed to make the necessary lifestyle changes to provide them with a safe and stable environment\
  • recognizing when substantial evidence shows much of the delay is attributable to the acts of others, a parent's rights should not be terminated based solely on the fact the child has spent greater than fifteen months in foster care
  • holding clear and convincing evidence supported TPR on the ground that the child had been in foster care for fifteen of the most recent twenty-two months because the mother was primarily responsible for the delays in the case by failing to remedy the conditions that caused removal
  • stating when children were in prolonged foster care because of valid court findings and an adoptive family stepped forward to provide a stable environment, the court would not contribute to further delay
  • \It is neither reasonable nor compassionate to permanently sever parental rights based on significant delays and roadblocks erected by the State.\
  • \[S]ection 63-7-2570(8) may not be used to sever parental rights based solely on the fact that the child has spent fifteen of the past twenty-two months in foster care.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Biggs, Bond

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.