In Re Adoption of CMBR
332 S.W.3d 793
| Mo. | 2011Background
- Mother (Guatemalan citizen) gave birth to C.M.B.R. in 2006; upon Mother's 2007 arrest, Child remained with relatives while Mother incarcerated in federal custody; Adoptive Parents filed a petition in Oct. 2007 seeking transfer of custody, termination of Mother's rights, and adoption; custody was transferred to Adoptive Parents in Oct. 2007; trial court terminated Mother's parental rights and approved adoption in Oct. 2008; court found abandonment but failed to complete mandatory investigations/reports under §§211.455, 453.070, 453.077; on appeal the Missouri Supreme Court reversed the termination/adoption judgment for the statutory failures and remanded for proper compliance with investigation/reporting before retrial; dissents emphasize due process and the sanctity of parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to comply with mandatory investigations/reports | Mother | Adoptive Parents | Plain error; reversal and remand for compliance |
| Sufficiency of abandonment evidence | Mother | Adoptive Parents | Insufficient, but remanded for new proceedings with proper investigations |
| Notice, counsel, and due process concerns | Mother | Adoptive Parents | Plain error; remand with proper notice and counsel |
| Consent to adoption under §453.040(7) | Mother | Adoptive Parents | Remanded for reconsideration in new trial with proper procedure |
Key Cases Cited
- In re J.F.K., 853 S.W.2d 932 (Mo. banc 1993) (consent/termination interplay between ch.211 and ch.453; adopted rights)
- In re S.L.N., 167 S.W.3d 736 (Mo.App.2005) (clarifies cross-reference needs when petition mixes ch.211 and ch.453)
- In re C.W., 211 S.W.3d 93 (Mo. banc 2007) (mandatory section 211.455 investigation in 211.447 matters; plain error review)
- In re P.L.O., 131 S.W.3d 782 (Mo. banc 2004) (abandonment standard and best interests)
- In re Adoption of W.B.L., 681 S.W.2d 452 (Mo. banc 1984) (clear, cogent and convincing standard; parental rights)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parents' liberty interest; due process requires clear and convincing evidence)
- In re Duren, 200 S.W.2d 343 (Mo.App.1947) (plain-error review considerations)