211.452. Petition for termination, when filed — contents — joinder of cases of more than one child. — 1. The petition for termination of parental rights shall be filed in the juvenile court which has prior jurisdiction over the child or, if no such prior jurisdiction exists, then the petition shall be filed where the child is, and shall include:
(1) The name, sex, date and place of birth, and residence of the child, if known after due and diligent search;
(2) If known after due and diligent search, the name, address and the date of birth of the parent;
(3) The name and address of the person holding legal or actual custody of the child, the guardian of the person of the child and the organization or agency holding legal or actual custody or providing care for the child;
(4) The facts on which termination is sought and the ground or grounds authorizing termination pursuant to section 211.447.
2. If there is more than one child in the family and a termination of parental rights petition is being or has been prepared for each child, the court may join the cases for disposition in one proceeding; provided, however, that joinder of the cases is found to be in the best interests of each child.
Notes of Decisions
Matter of Williams, 672 S.W.2d 394 (Mo. Ct. App. 1984).
· cites it 4× “091 and § 211.452, RSMo 1978 the court transferred custody to D.”
In Interest of M-----K-----P, 616 S.W.2d 72 (Mo. Ct. App. 1981).
· cites it 3× “In the first instance, § 211.452, RSMo 1978 prescribes what contents a petition for termination shall contain and in sub-paragraph (4) we find: “The reason or reasons why termination of the parental rights is sought.”
N.J.A. v. D.C., 351 S.W.3d 722 (Mo. Ct. App. 2011).
· cites it 4× “01a and section 211.452. Section 211.452 requires the petition to contain: “(4) The facts on which termination is sought and the ground or grounds authorizing termination pursuant to section 211.”
In the Interest of J.M.N., 134 S.W.3d 58 (Mo. Ct. App. 2004).
· cites it 2× “01 and § 211.452, RSMo 2000. We disagree. Rule 121.”
In the Interest of P.A.W. v. A.M.W., 716 S.W.2d 284 (Mo. Ct. App. 1986).
· cites it 3× “Section 211.452(4) RSMo 1978 provides that a petition to terminate parental rights must include “[t]he reason or reasons why termination of the parental rights is sought.”
In Re Smh, 160 S.W.3d 355 (Mo. 2005).
· cites it 2× “Section 211.452 requires the petition to terminate parental rights to be filed in the juvenile division that has prior jurisdiction over the child.”
In the Interest of D.L. v. D. L., 798 S.W.2d 220 (Mo. Ct. App. 1990).
· cites it 3× “Section 211.452, RSMo 1986, states very specifically what the contents of a petition for termination should be.”
In the Interest of S.R.F. v. G.P.F., 362 S.W.3d 420 (Mo. Ct. App. 2012).
· cites it 2× “Nevertheless, we believe a better practice (even if not required), especially for prospective parents filing under chapter 453, is to clearly delineate the statutory grounds in their respective petitions in order to fully advise parents as to what statutory grounds are asserted…”
Mo. Rev. Stat. § 211.452(3): 1 case
Mo. Rev. Stat. § 211.452(4): 2 cases
In the Interest of P.A.W. v. A.M.W., 716 S.W.2d 284 (Mo. Ct. App. 1986).
“Section 211.452(4) RSMo 1978 provides that a petition to terminate parental rights must include “[t]he reason or reasons why termination of the parental rights is sought.”
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