211.443. Construction of sections 211.442 to 211.487. — The provisions of sections 211.442 to 211.487 shall be construed so as to promote the best interests and welfare of the child as determined by the juvenile court in consideration of the following:
(1) The recognition and protection of the constitutional rights of all parties in the proceedings;
(2) The recognition and protection of the birth family relationship when possible and appropriate; and
(3) The entitlement of every child to a permanent and stable home.
Notes of Decisions
In the Interest of K.A.W., 133 S.W.3d 1 (Mo. 2004).
· cites it 7× “Additionally, section 211.443 provides that Missouri uses a rule of construction for section 211.”
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011).
· cites it 6× “In section 211.443, the legislature explicitly stated how the termination of parental rights provisions of chapter 211 should be construed: The provisions of sections 211.”
Adoption of C.M. v. E.M.B.R., 414 S.W.3d 622 (Mo. Ct. App. 2013).
· cites it 4× “Mother also argues the trial court did not protect her constitutional rights or the birth family relationship as required under section 211.443. However, Mother fails to identify evidence in the record that points to, or explains how the trial court failed to consider these…”
In the Interest of K.m.a.-b., 493 S.W.3d 457 (Mo. Ct. App. 2016).
· cites it 4× “Section 211.443. There are serious constitutional implications of terminating a parent’s rights, big K.”
In re Kaw, 133 S.W.3d 1 (Mo. 2004).
· cites it 7× “[1] Furthermore, the majority disregards the instruction in section 211.443, RSMo 2000, [2] to interpret the pertinent statutes "so as to promote the best interests and welfare of the child" and instead interprets the statutes solely to promote Mother's interests at the expense…”
In re Adoption of CMBR, 332 S.W.3d 793 (Mo. 2011).
· cites it 6× “§ 211.443, RSMo 2000. These legislative requirementsof independent investigations and reports, appointment of counsel and proper noticelike the constitutional provisions underlying them, are intended to ensure that the fundamental rights of birth parents and the best interests…”
In the Interest of J.D.P., 406 S.W.3d 81 (Mo. Ct. App. 2013).
· cites it 2× “5(6) (a parent may be found to be unfit if he or she is “unable, for the reasonably foreseeable jutwre, to care appropriately for the ongoing physical, mental or emotional needs of the child” (emphasis added)); See section 211.443(3) (instructing a court to consider the…”
State v. E.B., 178 S.W.3d 683 (Mo. Ct. App. 2005).
· cites it 2× “Section 211.443 specifically directs the Juvenile Court to construe Sections 211.”
In the Interest of R.D. ex rel. Reine v. I.D., 778 S.W.2d 848 (Mo. Ct. App. 1989).
“Because the court is charged with the duty of promoting the best interests and welfare of the child, § 211.443, it follows that the present judgment could not be construed to preclude the filing and adjudication of a subsequent petition for termination of parental rights as to…”
In the Interest of: E.R.; Child.'s Div. v. A.G., 687 S.W.3d 174 (Mo. Ct. App. 2024).
· cites it 34× “Mother argued that the Judgment should be amended to include findings regarding the considerations set forth in section 211.443, and that the failure to do so violated the statute as well as Mother's liberty interests against government interference in violation of the…”
In the Interest of W.L.B., 6 S.W.3d 408 (Mo. Ct. App. 1999).
· cites it 2× “Section 211.443 states the juvenile' code’s overriding purpose: promotion of the child’s best interests.”
Mo. Rev. Stat. § 211.443(3): 3 cases
In the Interest of J.D.P., 406 S.W.3d 81 (Mo. Ct. App. 2013).
“5(6) (a parent may be found to be unfit if he or she is “unable, for the reasonably foreseeable jutwre, to care appropriately for the ongoing physical, mental or emotional needs of the child” (emphasis added)); See section 211.443(3) (instructing a court to consider the…”
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