332 S.W.3d 793
Mo.2011Background
- Mother, a Guatemalan citizen, was incarcerated in May 2007 after a federal arrest related to identity theft; Child (11–12 months old) was in a foster/non-parent care arrangement with relatives and then Adoptive Parents began proceedings to terminate Mother's rights and adopt; trial court found willful abandonment under 211.447.2(2)(b) and consent unnecessary under 453.040(7); court adopted largely the adoptive parents’ proposed findings and ordered termination and adoption; notices, pre- and post-placement investigations, and reports mandated by 211.455, 453.070, and 453.077 were not completed; several statutory and due-process defects occurred including lack of counsel, notice, and independent investigations; on appeal, the Missouri Supreme Court reversed the termination/adoption judgment, remanding for new trial with compliance, while affirming the putative father’s rights termination; dissenters argued for outright reversal without remand due to systemic due-process failures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated statutory safeguards | Mother argues failure to comply with 211.455, 453.070, 453.077 warrants reversal | Adoptive Parents argue noncompliance is non-constitutional; not preserved; plain error review applies | Remand for new trial with compliance; plain error found in 211.455/453.070/453.077; abandonment findings later reconsidered on remand |
| Whether there was clear, cogent, and convincing evidence of abandonment | Mother contends record does not prove willful abandonment | Adoptive Parents assert evidence shows lack of contact and care during critical period | Remand for reconsideration of abandonment issue; on remand, reevaluate under proper procedures and evidence |
| Whether Mother's consent to adoption was properly deemed unnecessary under 453.040(7) | Consent not unnecessary given lack of proper proceedings and evidence | Consent not required if abandonment proven within statutory period | Because of remand, this issue will be reconsidered with proper investigation and procedures; current finding reversed as part of remand process |
| Ineffective assistance of counsel and due-process concerns | Mother received ineffective/conflicted representation due to adoptive parents’ influence | Counsel’s conduct not adequately shown to affect outcome | Moot on remand; counsel conflict to be addressed in new proceeding; due-process safeguards required |
| Remedy and scope of remand | Court should dismiss adoption and return Child to Mother | Remand with fresh hearings, not outright dismissal, best for Child’s interests | Remand ordered; expeditious compliance with investigations/reports; new trial on all issues pertaining to Mother |
Key Cases Cited
- In re J.F.K., 853 S.W.2d 932 (Mo. banc 1993) (cross-chapter termination/adoption principles; when applicable)
- In re S.L.N., 167 S.W.3d 736 (Mo. App. 2005) (construction of 453.040 vs. 211 when termination is pleaded in adoption)
- In re C.W., 211 S.W.3d 93 (Mo. banc 2007) (mandatory investigations under 211.455; plain error possible when not complied)
- In re Adoption of W.B.L., 681 S.W.2d 452 (Mo. banc 1984) (establishes standard of review and clear-and-convincing burden in termination/adoption)
- Santosky v. Kramer, 455 U.S. 745 (1982) (constitutional due process requires clear and convincing evidence to terminate parental rights)