26.1 Mandate and Rationale
Section 210.720 requires:
When a child has been placed in the custody of the Children’s Division (CD) in
accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or in another authorized agency, by a court, or has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child. The court shall review the report and shall hold a permanency hearing within twelve months of initial placement and at least annually thereafter. The permanency hearing shall be for the purpose of determining, in accordance with the best interests of the child, a permanent plan for the placement of the child, including whether the child should be continued in foster care, whether the child should be returned to a parent, guardian or relative, or whether proceedings should be instituted by either the juvenile officer or the Division to terminate parental rights to legally free such child for adoption.
26.1.1 Considerations Based on Child’s Best Interest
When considering whether to terminate the parent-child relationship the court shall consider all relevant factors of the child’s best interest including:
- The emotional ties to the birth parents;
- The extent to which the parent has maintained regular visitation or other contact with the child;
- The extent of payment by the parent for the cost of care and maintenance of the child when financially able to do so including the time that child is in the custody of the division or other child-placing agency;
- Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent within and ascertainable period of time;
- The parent’s disinterest in or lack of commitment to the child;
- The conviction of the parent of a felony offense that the court finds is of such a nature that the child will be deprived of a stable home for a period of years; provided, however, that incarceration in and of itself shall not be grounds for termination of the parental rights;
- Deliberate acts of the parent or acts of another of which the parent knew or should have known that subjects the child to a substantial risk of physical or mental harm.
The judge shall make written findings of fact and conclusions of law in any order pertaining to the placement of the child.
Section 211.444 allows the court to terminate parental rights of a child if it finds that termination is in the best interest of the child and the parent has consented in writing to the termination.
NOTE: It is imperative to identify any man/all men having/claiming interest in the child. Men having an interest could include alleged father, man named by mother as biological father of child; putative father, man who claims to be biological father of child; and, legal father, man, if applicable, married to mother at time child is conceived. See sections 210.817 to 210.853 and 193.225 to 193.325 of the Missouri Revised Statutes for information on establishment of paternity.
Section 211.447 allows any person to make a referral to the juvenile office for the termination of parental rights and establishes grounds for termination.
Section 211.447 requires the juvenile officer or the Division to file a petition for termination of parental rights in certain circumstances. Sections 211.447.3 and 211.447.4 set out grounds when the juvenile officer or the Division may, but is not required to file a petition for termination of parental rights.