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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2021-08-11
Type Pr Guardianship Minor
Docket 136 entries
Disposition dismiss

Parties

Plaintiff Ely, Alerie|Mikale, Jessica Andrea
Photo of Hon. Stacey, Brenda

Judge

Hon. Stacey, Brenda

Jefferson County (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. earing/Trial Cancelled Associated Entries: 02/06/2023 - Hearing Continued/Rescheduled Associated Entries: 02/06/2023 - Hrng Appntmnt Probate Sched Scheduled For: 08/14/2023; 9:00 AM; BRENDA STACEY; Jefferson
  4. otice OF ENTRY - ORDER DISMISSING WITHOUT PREJUDICE
  5. ismiss by Ct w/o Prejudice
  6. rder of Dismissal WITHOUT PREJUDICE ORDER SIGNED ON 06/19/2023 SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  8. otice of Dismissal DISMISSAL WITHOUT PREJUDICE; Electronic Filing Certificate of Service. - SENT TO DIVISION Filed By: JESSICA ANDREA MIKALE
  10. rng Appntmnt Probate Sched Associated Entries: 08/14/2023 - Hearing/Trial Cancelled Scheduled For: 08/14/2023; 9:00 AM; BRENDA STACEY; Jefferson
  11. earing Continued/Rescheduled Associated Entries: 12/07/2022 - Hearing Continued/Rescheduled Associated Entries: 12/07/2022 - Hrng Appntmnt Probate Sched Associated Entries: 08/14/2023 - Hearing/Trial Cancelled Hearing Continued From: 02/06/2023; 9:00 AM Hrng for Appointment Probate
  12. rder for Continuance SEE ORDER SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  14. rng Appntmnt Probate Sched Associated Entries: 02/06/2023 - Hearing Continued/Rescheduled Scheduled For: 02/06/2023; 9:00 AM; BRENDA STACEY; Jefferson
  15. earing Continued/Rescheduled Associated Entries: 10/17/2022 - Hearing Continued/Rescheduled Associated Entries: 10/17/2022 - Hrng Appntmnt Probate Sched Associated Entries: 02/06/2023 - Hearing Continued/Rescheduled Hearing Continued From: 12/09/2022; 9:00 AM Hrng for Appointment Probate
  16. rder for Continuance SEE ORDER SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  18. rng Appntmnt Probate Sched Associated Entries: 12/07/2022 - Hearing Continued/Rescheduled Scheduled For: 12/09/2022; 9:00 AM; BRENDA STACEY; Jefferson
  19. earing Continued/Rescheduled Associated Entries: 08/02/2022 - Hrng Appntmnt Probate Sched Associated Entries: 12/07/2022 - Hearing Continued/Rescheduled Hearing Continued From: 10/14/2022; 9:00 AM Hrng for Appointment Probate
  21. rng Appntmnt Probate Sched Associated Entries: 10/17/2022 - Hearing Continued/Rescheduled Scheduled For: 10/14/2022; 9:00 AM; BRENDA STACEY; Jefferson
  22. earing/Trial Cancelled Associated Entries: 04/22/2022 - Hearing Continued/Rescheduled Associated Entries: 04/22/2022 - Court Trial Scheduled Scheduled For: 09/27/2022; 9:00 AM; BRENDA STACEY; 1; Jefferson
  24. rder for Continuance SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  26. otion for Continuance FROM SEPTEMBER 27, 2022 - SENT TO DIVISION Filed By: JESSICA ANDREA MIKALE
  28. otice of Court Hearing Sent NOTICE OF ENTRY ALONG WITH ORDER MAILED TO NATURAL MOTHER
  29. rder CAUSE CALLED ON PETITIONER'S MOTION TO CONTINUE DUE TO WITNESS UNAVAILABILITY. NO OBJECTIONS. COURT VACATES TRIAL AND CONTINUES THE MATTER TO 9.27.2022 @ 9:00 AM. COUNSEL FOR NATURAL MONTHER FILED A LIMITED ENTRY OF APPEARANCE, AND HAS COMPLETED THE DUTIES AS OUTLINES THEREIN. ACCORDINGLY, COUNSEL SHALL BE DEEMED WITHDRAWN AS ATTORNEY FOR NATURAL MOTHER. SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  30. ourt Trial Scheduled Associated Entries: 08/02/2022 - Hearing/Trial Cancelled Scheduled For: 09/27/2022; 9:00 AM; BRENDA STACEY; 1; Jefferson
  31. earing Continued/Rescheduled Associated Entries: 02/10/2022 - Court Trial Scheduled Associated Entries: 08/02/2022 - Hearing/Trial Cancelled Hearing Continued From: 05/02/2022; 9:00 AM Court Trial
  32. earing/Trial Cancelled Associated Entries: 04/07/2022 - Motion Hearing Scheduled Scheduled For: 04/22/2022; 9:00 AM; BRENDA STACEY; Jefferson
  34. otion Hearing Scheduled Associated Entries: 04/22/2022 - Hearing/Trial Cancelled Scheduled For: 04/22/2022; 9:00 AM; BRENDA STACEY; Jefferson
  35. rder ORDER FOLLOWING HEARING. Cause called on Natural Mother's Motion for Appointment of Counsel. Mother, through limited counsel, argues that 1. Minor Child herein is in the Custody of Children's Division pursuant to orders in 16JE-JU00302. 2. On December 3, 2019, the juvenile court made finding that Mother was indigent and in need of an attorney. In order to protect Mother's fundamental constitutional right to have a parent-child relationship. the juvenile court appointed counsel to Mother. 3. On August 11, 2021, placement filed the Petition for Appointment of Guardian herein after two failed attempts at reunification. Since placement is a licensed foster care placement, some expenses for the legal fees and other costs incurred in the guardianship are paid by the Children's Division. 4. Guardian ad Litem in the juvenile matter is the same Guardian ad litem that has been appointed in the probate matter. 5. Mother asserts that she is a fit, willing and able parent for this child, citing custody of her other child as proof that she is a fit, willing and able parent. 6. Mother requests the court appoint counsel, paid by the State or County, because she is not learned about the law and appointment of an attorney is necessary to protect her fundamental rights, especially since the testimony of experts is expected concerning the behavior of the child. 7. Mother asserts that she has not had visits since March 2021, and therefore if counsel is not provided, it is fundamentally unfair for the State of Missouri to recommend, fund and enforce the de facto termination of mother's parental rights and not to provide her with legal representation. Court finds that: 1. Jessica Scherrer is the mother of Courtney Scherrer. 2. Courtney Scherrer is currently in the legal custody of the Children's Division. 3. Funding by a public agency for one party is not dispositive of fairness of funding for another party. 4. The basis for a Petition for Guardianship, whether merited or meritless, will be determined by the probate court and not the juvenile court. 5. That probate court jurisdiction regarding parenting time has been expanded by legislature to allow enforceable parenting times for parents in order to protect the fundamental rights of parents AND protect the best interests of children. 6. The juvenile court currently has jurisdiction over visitation, and denial of visits at the order of the juvenile court cannot be the basis to assert that Petitioner herein will deny Mother court ordered visitation and result in a de facto termination of rights 7. Appointing counsel at the expense of the State and/or County based upon speculation that the Guardianship MAY be granted, and if it is granted, the Guardian MAY deny Mother's rights is against public policy. IT IS THEREFORE ORDERED THAT Natural Mother's Motion for Appointment of Counsel is DENIED. SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  37. otice of Hearing Filed MOTION TO CONTINUE - 4/22/2022 AT 11AM Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  38. otion for Continuance FROM MAY 2, 2022 AT 9AM Filed By: JESSICA ANDREA MIKALE
  40. ubpoena Served SUBPOENA SERVED TO KAYLA ZIESER; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  41. otice to Take Deposition NOTICE TO TAKE DEPOSITION KAYLA ZISER; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  42. <td></td><td></td><td></td>
  43. earing Held Associated Entries: 02/10/2022 - Motion Hearing Scheduled Scheduled For: 02/28/2022; 9:00 AM; BRENDA STACEY; Jefferson
  44. <td></td><td></td><td></td>
  45. earing/Trial Cancelled Associated Entries: 02/10/2022 - Motion Hearing Scheduled Scheduled For: 02/22/2022; 2:00 PM; BRENDA STACEY; Jefferson
  46. <td></td><td></td><td></td>
  47. ourt Trial Scheduled Associated Entries: 04/22/2022 - Hearing Continued/Rescheduled Scheduled For: 05/02/2022; 9:00 AM; BRENDA STACEY; 1; Jefferson
  48. otion Hearing Scheduled Associated Entries: 02/25/2022 - Hearing/Trial Cancelled Scheduled For: 02/22/2022; 2:00 PM; BRENDA STACEY; Jefferson
  49. otion Hearing Scheduled Associated Entries: 02/28/2022 - Hearing Held Scheduled For: 02/28/2022; 9:00 AM; BRENDA STACEY; Jefferson
  50. rder CAUSE CALLED FOR MOTION TO APPOINT COUNSEL, MOVANT REQUESTS CONTINUANCE. PETITIONER REQUESTS TRIAL BE CONTINUED AS UPDATED REPORTS HAVE NOT BEEN RECEIVED. MOTION CONTINED TO 2.22.2022 @ 9:00 AM. TRIAL VACATED AND CONITNUED TO 5.2.2022 @ 9:00 AM. MOVANT MAKES ORAL MOTION TO JOIN STATE OF MISSOURI AND COUNTY OF JEFFERSON, ORAL MOTION SET 2.22.22 @ 2:00 PM SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  51. earing/Trial Cancelled Associated Entries: 01/06/2022 - Guardianship Hearing Scheduled Scheduled For: 02/28/2022; 9:00 AM; BRENDA STACEY; Jefferson
  52. earing/Trial Cancelled Associated Entries: 02/09/2022 - Hearing Scheduled Scheduled For: 02/10/2022; 8:30 AM; BRENDA STACEY; Jefferson
  53. <td></td><td></td><td></td>
  54. otion to Shorten Time -NOTICE OF HEARING ON MOTHER'S MOTION Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  55. otice of Hearing Filed MOTION TO APPOINT ATTORNEY AND MOTION TO SHORTEN TIME - 2/10/2022 AT 830AM Filed By: JESSICA ANDREA MIKALE
  56. earing Scheduled Associated Entries: 02/10/2022 - Hearing/Trial Cancelled Scheduled For: 02/10/2022; 8:30 AM; BRENDA STACEY; Jefferson
  57. <td></td><td></td><td></td>
  58. earing/Trial Cancelled ATTORNEY TO CONTACT CLERK FOR DATE Associated Entries: 10/07/2021 - Hrng Appntmnt Probate Sched Scheduled For: 02/04/2022; 9:00 AM; BRENDA STACEY; Jefferson
  59. <td></td><td></td><td></td>
  60. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ASHLEY JANEL MOORE
  61. <td></td><td></td><td></td>
  62. otice of Hearing Filed FEB 4, 2022 AT 9AM - MOTION FOR APPOINTMENT OF COUNSEL Filed By: DAVID REDMOND CROSBY On Behalf Of: JESSICA LEEANN BELEW
  63. otion for Apptmnt of Counsel Motion for Appointment of Counsel; Electronic Filing Certificate of Service. Filed By: DAVID REDMOND CROSBY
  64. ntry of Appearance Filed Special Entry; Electronic Filing Certificate of Service. Filed By: DAVID REDMOND CROSBY
  65. <td></td><td></td><td></td>
  66. uardianship Hearing Scheduled Associated Entries: 02/10/2022 - Hearing/Trial Cancelled Scheduled For: 02/28/2022; 9:00 AM; BRENDA STACEY; Jefferson
  67. <td></td><td></td><td></td>
  68. otice of Hearing Filed NOTICE OF TRIAL; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  69. <td></td><td></td><td></td>
  70. ubpoena Served SUBPOENA SERVED TO KAYLA ZIESER; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  71. <td></td><td></td><td></td>
  72. rng Appntmnt Probate Sched Associated Entries: 02/07/2022 - Hearing/Trial Cancelled + Scheduled For: 02/04/2022; 9:00 AM; BRENDA STACEY; Jefferson
  73. earing Held Associated Entries: 09/22/2021 - Hearing Continued/Rescheduled Associated Entries: 09/22/2021 - Hrng Appntmnt Probate Sched Scheduled For: 10/07/2021; 9:00 AM; BRENDA STACEY; Jefferson
  74. <td></td><td></td><td></td>
  75. otc Change of Address Filed CHANGE OF ADDRESS FOR NATURAL MOTHER; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  76. otice of Hearing Filed MOTION TO CONTINUE AND MOTION TO SHORTEN TIME FILED 10/5/2021 - TO BE HEARD ON 10/7/2021 AT 9AM Filed By: JESSICA ANDREA MIKALE
  77. otion to Shorten Time Filed By: JESSICA ANDREA MIKALE
  78. otion for Continuance FROM 10/7/2021 AT 9AM Filed By: JESSICA ANDREA MIKALE
  79. aiver of Service Filed By: JOSEPH NATHANIEL SCHERRER
  80. onsent by Natural Parent Consent of Father to Appointment of Guardian and Waiver of Service; Electronic Filing Certificate of Service in response to Notc of Hrng Petition (Minor) filed on 08/16/2021. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  81. <td></td><td></td><td></td>
  82. otice of Court Hearing Sent MAILED TO NMO
  83. ubpoena Served SUBPOENA SERVED TO TIFFANY BLUE; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  84. <td></td><td></td><td></td>
  85. rng Appntmnt Probate Sched Associated Entries: 10/07/2021 - Hearing Held Scheduled For: 10/07/2021; 9:00 AM; BRENDA STACEY; Jefferson
  86. earing Continued/Rescheduled Associated Entries: 08/30/2021 - Hrng Appntmnt Probate Sched Associated Entries: 10/07/2021 - Hearing Held Hearing Continued From: 10/08/2021; 9:00 AM Hrng for Appointment Probate
  87. <td></td><td></td><td></td>
  88. rder COMES NOW the Court on its own motion and vacates the docket scheduled October 8, 2021 at 9:00 am and reschedules to October 7, 2021 at 9:00 am. Counsel to contact clerk for alternate dates if counsel is not available SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  89. otice of Service NON EST SERVICE RETURN FOR TIFFANY BLUE; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  90. otice of Service SUBPOENA SERVED TO KEVIN ROGERS; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  91. otice of Service SUBPOENA SERVED TO PHILIP YOUNG; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  92. otice of Service SUBPOENA SERVED TO MARY SMITH; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  93. otice of Service SUBPOENA SERVED TO MARY STROHM; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  94. otice of Service SUBPOENA SERVED TO JESSICA NORTON; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  95. ertificate of Service SUBPOENA SERVED TO SHERYL LEVINE; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE
  96. <td></td><td></td><td></td>
  97. otice NOTICE OF ENTRY
  98. <td></td><td></td><td></td>
  99. rng Appntmnt Probate Sched Associated Entries: 09/22/2021 - Hearing Continued/Rescheduled Scheduled For: 10/08/2021; 9:00 AM; BRENDA STACEY; Jefferson
  100. earing/Trial Cancelled Associated Entries: 08/18/2021 - Hearing Continued/Rescheduled Associated Entries: 08/18/2021 - Guardianship Hearing Scheduled Scheduled For: 10/20/2021; 1:30 PM; SHANNON RENEE DOUGHERTY; Jefferson
  101. <td></td><td></td><td></td>
  102. rder to Transfer CAUSE TRANSFERRED TO DIV4 FOR FURTHER PROCEEDINGS SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  103. udge Assigned
  104. <td></td><td></td><td></td>
  105. rder MOTION FOR CHANGE OF JUDGE GRANTED SO ORDERED: SHANNON DOUGHERTY, ASSOCIATE JUDGE DIV. 15
  106. rder MOTION FOR WAIVER OF HOME STUDY AND BACKGROUND CHECKS GRANTED SO ORDERED: SHANNON DOUGHERTY, ASSOCIATE JUDGE DIV. 15
  107. rder Appointing GAL ORDER FOR GAL PATRICK MALONE AND REQUEST FOR DIVISION 15 SO ORDERED: SHANNON DOUGHERTY, ASSOCIATE JUDGE DIV. 15
  108. <td></td><td></td><td></td>
  109. emorandum Filed MEMORANDUM OF FILING FEES; Electronic Filing Certificate of Service in response to Motion Denied filed on 08/16/2021. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  110. <td></td><td></td><td></td>
  111. eturned Mail-Undeliverable NOE RETURNED DATED 08/19/2021 - HEARING CONTINUED/RESCHEDULED - JESSICA LEEANN SCHERRER - REMAILED 8/24/2021 TO ADDRESS LISTED
  112. <td></td><td></td><td></td>
  113. otion for Change of Judge MOTION FOR CHANGE OF JUDGE; Electronic Filing Certificate of Service. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  114. ummons Personally Served SHERIFF'S RETURN - NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR OF MINOR - PERSONALLY SERVED - JESSICA SHERRER - SERVED AT 300 FIRST ST HILLSBORO MO 63050 ON 08/18/2021 AT 13:10PM
  115. <td></td><td></td><td></td>
  116. otice TO PARTIES - GUARDIANSHIP SCHEDULED WITH RELATED CASE Associated Entries: 08/18/2021 - Hearing Continued/Rescheduled Associated Entries: 08/18/2021 - Guardianship Hearing Scheduled
  117. uardianship Hearing Scheduled Associated Entries: 08/18/2021 - Notice + Associated Entries: 08/30/2021 - Hearing/Trial Cancelled Scheduled For: 10/20/2021; 1:30 PM; SHANNON RENEE DOUGHERTY; Jefferson
  118. earing Continued/Rescheduled Associated Entries: 08/13/2021 - Guardianship Hearing Scheduled Associated Entries: 08/18/2021 - Notice + Associated Entries: 08/30/2021 - Hearing/Trial Cancelled Hearing Continued From: 08/18/2021; 1:00 PM Guardianship Hearing Scheduled
  119. <td></td><td></td><td></td>
  120. otion Denied MOTION TO WAIVE FILING FEE DENIED SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR Associated Entries: 08/11/2021 - App-Ltrs of Guardianship +
  121. udge/Clerk - Note UPON REQUEST OF THE ATTORNEY OFFICE, SUMMONS' FOR PARENTS WERE MADE
  122. otc of Hrng Petition (Minor) Document ID: 21-OTH-160, for SCHERRER, JESSICA LEEANN.
  123. otc of Hrng Petition (Minor) Document ID: 21-OTH-159, for SCHERRER, JOSEPH NATHANIEL. Associated Entries: 08/11/2021 - App-Ltrs of Guardianship +
  124. <td></td><td></td><td></td>
  125. uardianship Hearing Scheduled Associated Entries: 08/18/2021 - Hearing Continued/Rescheduled Scheduled For: 08/18/2021; 1:00 PM; SHANNON RENEE DOUGHERTY; Jefferson
  126. udge/Clerk - Note THE NEXT HEARING FOR THE RELATED JUVENILE CASE IS 08/18/2021-THAT IS NOT ENOUGH TIME TO GET NOTICES TO THE PARENTS FOR THIS GUARDIANSHIP HEARING. UPON THE HEARING ON THE 18TH, AND ANOTHER DATE SCHEDULED FOR THESE CASES, SUMMONS'/NOTICES WILL BE MADE AND SENT TO THE PARENTS FOR THE GUARDIANSHIP CASE. THIS WAS DISCUSSED WITH THE DIVISION CLERK.
  127. <td></td><td></td><td></td>
  128. R Costs Minor w/costs-CC
  129. iling Info Sheet eFiling Filed By: JESSICA ANDREA MIKALE
  130. otion to Waive Cost MOTION TO WAIVE FILING FEE. Filed By: JESSICA ANDREA MIKALE On Behalf Of: VALERIE ELY
  131. ot for Waiver of Home Study MOTION TO WAIVE HOME STUDY AND BACKGROUND CHEKCS. Filed By: JESSICA ANDREA MIKALE
  132. otion to Transfer MOTION TO TRANSFER TO JUVENILE DIVISION. Filed By: JESSICA ANDREA MIKALE
  133. onsent to Serve CONSENT TO SERVE AS GUARDIAN. Filed By: JESSICA ANDREA MIKALE
  134. ffidavit Filed AFFIDAVIT REGARDING MINOR. Filed By: JESSICA ANDREA MIKALE
  135. ffidavit Filed AFFIDAVIT OF KINSHIP. Filed By: JESSICA ANDREA MIKALE
  136. pp-Ltrs of Guardianship PETITION FOR APPOINTMENT OF GUARDIAN OF A MINOR. Filed By: JESSICA ANDREA MIKALE Associated Entries: 08/16/2021 - Notc of Hrng Petition (Minor) + Associated Entries: 08/16/2021 - Motion Denied +

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