The Court of Appeals of Missouri, Southern District, Division Two reversed the trial court’s judgment terminating appellant-father’s parental rights, finding that the trial court erred in holding that appellant-father had abandoned and neglected his child. Here, appellant-father learned of his paternity one month prior to the filing of the termination petition. After learning of his paternity, appellant-father sent the child age-appropriate letters and arranged for his relatives to care for the child until he was released from prison. The appellate court found that the two part test for termination of parental rights under both RSMo Cum. Stat. § 211.447.5(1) and § 211.447.5(2) was not applied properly. Because appellant-father had only learned of his paternity one month before the termination hearing, the six month requirement for abandonment could not be met. In addition, the appellate court found that because father had contacted the case worker to execute the treatment plan, the requirements for abandonment were also not met. Finally, the court held that there was no evidence that appellant-father had neglected the child as he had been in contact with the child and made living arrangements for her. Therefore, the court of appeals reversed the termination judgment.
Cite: No. SD31470, 2012 Mo. App. LEXIS 264 (Mo. Ct. App. Feb. 29, 2012)
Cite: No. SD31470, 2012 Mo. App. LEXIS 264 (Mo. Ct. App. Feb. 29, 2012)
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