360 S.W.3d 355
Mo. Ct. App.2012Background
- Child was born 11/19/2008 to Mother and tested positive for amphetamines; DF S took custody of Child.
- Father was identified as Child’s father and made a party to the proceedings; jurisdictional actions followed.
- On 1/8/2009, circuit court assumed jurisdiction and ordered that Child remain in Division custody.
- At the 10/29/2010 permanency hearing, Father sought custody or supervised visitation under §211.037.
- The court granted several provisions: Division retains custody, Child moves to an alternate foster home, Mother undergoes drug screens and compliance, Father undergoes drug screens and compliance, and a permanency review was scheduled for 1/10/2011.
- The court denied Father’s request for custody/visitation pending termination proceedings; Father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the October 29, 2010 order appealable | Father argues under §211.037 for return to non-offending parent. | Respondent contends orders under §210.720 are not appealable final judgments. | Appeal dismissed; not a final appealable judgment. |
Key Cases Cited
- In re L.E.C., 94 S.W.3d 420 (Mo.App. W.D.2003) (orders under §210.720 not appealable; permanency plan changes not final judgments)
- Glick Finley LLC v. Glick, 310 S.W.3d 713 (Mo.App. E.D.2010) (right to appeal is statutory)