Logourl black
From our private database of 14,000+ case briefs...

In re K.A.W.

Supreme Court of Missouri
133 S.W.3d 1 (2004)


Facts

A juvenile officer (plaintiff) filed a petition in trial court to terminate the rights of T.W. (defendant), the mother of two infant twins, K.A.W. and K.A.W. T.W. had been working full time and raising three other children when she became pregnant with the twins. T.W. believed that another family could better provide for the twins and decided to give the twins up for adoption. T.W. investigated the adoption process and spoke to attorneys about an open adoption, which would permit T.W. to maintain contact with the twins after the adoption. However, Missouri law did not allow for open adoptions. T.W. located a British family who wished to adopt the twins. T.W. and the British family traveled to Arkansas, a state that allowed open adoptions, and filed a petition for adoption. In the petition, T.W. claimed to be an Arkansas resident. The Arkansas court approved the adoption. Subsequently, British officials determined the British family to be unfit and returned the twins to Missouri to be placed in the custody of Missouri’s division of family services (DFS). The Arkansas court set aside the adoption for lack of jurisdiction. At that point, T.W. decided to forgo adoption and raise the twins herself. While the twins were in DFS custody, T.W. complied with a comprehensive parenting plan that included classes, visitation, financial support, and drug screenings. However, the trial court terminated T.W.’s parental rights based on its conclusion that T.W. abused and neglected the twins. T.W. appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Teitelman, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Price, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.