381 S.W.3d 392
Mo. Ct. App.2012Background
- M.R. was born in 2012 and placed in temporary protective custody after Juvenile Officer petitioned for protective custody due to alleged lack of proper care, custody, or support.
- The petition alleged the parents were unfit because of prior involuntary termination of rights to seven children; parental rights to six were already terminated and later amended to seven.
- The trial court found the parents presumed unfit under Section 211.447 Cum.Supp.2012 and that probable cause existed for continued protective custody, setting the matter for dispositional proceedings.
- Mother appealed the trial court’s initial order following the protective custody hearing, before a dispositional hearing occurred.
- The court noted the protective custody order at issue was not a dispositional order and thus not a final, appealable judgment; no dispositional hearing had occurred at the time of the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the order from the protective custody hearing final and appealable? | Mother contends the order is final and subject to appeal. | Juvenile Officer argues the order is not final or appealable. | Appeal dismissed for lack of a final, appealable order. |
Key Cases Cited
- In re C.A.D., 995 S.W.2d 21 (Mo.App. W.D.1999) (final dispositional determination governs appealability in juvenile cases)
- In re J.L.R., 257 S.W.3d 163 (Mo.App. W.D.2008) (bifurcated adjudication and dispositional hearing standards)
- In re T.E., 35 S.W.3d 497 (Mo.App. E.D.2001) (jurisdiction finding not dispositive final order)