Section 30 Parent’sMental Capacity

• Library: Juvenile Law 2011

In determining whether the child is without proper care and support, the court may consider the parent’s mental health in an appropriate case. In In re C.L.M., 625 S.W.2d 613, 616 (Mo. banc 1981), for example, the schizophrenic mother had been hospitalized for mental illness, and her 18‑month‑old child suffered from grand mal seizures and heart problems. The psychologist and psychiatrist disagreed about the proper diagnosis, but both testified that the mother would have difficulty caring for the child. The juvenile court found that the mother could not care for the child.

The Supreme Court rejected the mother’s contention that the juvenile officer must prove that the...