In re the Adoption of J.A.D., 2013 Mo. App. LEXIS 1473

C.L.S., mother of five, was subject of a three-count adoption petition filed Jan 24, 2013; she was personally served Jan 30.
Under §211.455 the juvenile officer met the court on Feb 5; the court ordered investigation and social study and counsel was appointed for C.L.S. on Feb 7.
Service on other parties completed Mar 3; dispositional hearing was held Apr 9 (33 days after the §211.455 meeting).
C.L.S.’s appointed counsel attended the dispositional hearing; C.L.S. did not appear and no timeliness objection was raised at any time in trial court.
The trial court terminated C.L.S.’s parental rights on multiple statutory grounds and found termination in the children’s best interests; judgment entered Apr 19; no post-trial motions were filed and appeal was lodged May 6.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dispositional hearing violated §211.459 (not held within 30 days of the §211.455 meeting)	C.L.S. contends the hearing occurred after 30 days, so termination was unlawful	Respondent argues C.L.S. failed to raise the timing issue below and therefore forfeited appellate review	Court held the claim was unpreserved and denied review; judgment affirmed

Niederkorn v. Niederkorn, 616 S.W.2d 529 (Mo. App. 1981) (party cannot raise error on appeal not presented at trial)
Associated Underwriters, Inc. v. Mercantile Trust Co., 576 S.W.2d 343 (Mo. App. 1978) (same principle on preservation)
Roberson v. Weston, 255 S.W.3d 15 (Mo. App. 2008) (appellate courts review only matters presented to trial court)
Robbins v. Robbins, 328 S.W.2d 552 (Mo. banc 1959) (no review of matters not presented to trial court)
In re Adoption of C.M.B.R., 332 S.W.3d 793 (Mo. banc 2011) (chapter 211 requirements must be met for chapter 211 claims in chapter 453 petitions)
In re S.R.J., Jr., 250 S.W.3d 402 (Mo. App. 2008) (preservation required for appellate review of trial error)