211.453. Service of summons, how made — when required — waiver of summons. — 1. Service of summons shall be made as in other civil cases in the manner prescribed in section 506.150. However, if service cannot be made as prescribed in section 506.150 and it is not waived, then the service shall be made by mail or publication as provided in section 506.160.
2. Persons who shall be summoned and receive a copy of the petition shall include:
(1) The parent of the child, including a putative father who has acknowledged the child as his own by affirmatively asserting his paternity, unless the parent has filed a consent to the termination of parental rights in court;
(2) The guardian of the person of the child;
(3) The person, agency or organization having custody of the child;
(4) The foster parent, relative or other person with whom the child has been placed; and
(5) Any other person whose presence the court deems necessary.
3. The court shall not require service in the case of a parent whose identity is unknown and cannot be ascertained, or cannot be located.
4. Any person required to receive summons may waive appearance or service of summons.
Notes of Decisions
In the Interest of: D.A.B. & B.M.S., 570 S.W.3d 606 (Mo. Ct. App. 2019).
· cites it 3× “Mother raises four points on appeal, arguing the court erred in terminating her parental rights because: (1) the court lacked jurisdiction, in that the Children’s Division failed to serve the foster parents and failed to properly serve any of the parties, as required by Section…”
T.L. v. Greene Cnty. Juv. Off., 179 S.W.3d 894 (Mo. 2005).
· cites it 3× “The hearing referred to in the summons — a service in compliance hearing— was held on February 25, and the Court found that service had been made on all parties as required by section 211.453, RSMo 2000. 1 Although T.”
In the Interest of J.M.B., 939 S.W.2d 53 (Mo. Ct. App. 1997).
“In termination cases, service of process is governed by RSMo § 211.453. The statute provides service of summons in such cases will be made in the same manner as in other civil cases under RSMo § 506.”
In the Interest of S.M.B., 254 S.W.3d 214 (Mo. Ct. App. 2008).
· cites it 2× “The statutory requirements for service are contained in § 211.453, which states: 1. Service of summons shall be made as in other civil cases in the manner prescribed in section 506.”
In Re Smh, 160 S.W.3d 355 (Mo. 2005).
· cites it 2× “Section 211.453 provides that service of the summons on the petition shall be made as in other civil cases in the manner prescribed in section 506.”
Roe v. Ross, 701 S.W.2d 799 (Mo. Ct. App. 1985).
“After the Corrigan opinion was handed down, the legislature deleted the clause contained in note 4, supra, and recodified it in § 211.453. The new section again states that only a "parent” whose identity is known shall be served with summons, indicating that the legislature…”
Juv. Officer v. M.D., 18 S.W.3d 556 (Mo. Ct. App. 2000).
“” Although § 211.453 allows a court to summons any other person whose presence it deems necessary to the proceedings, § 211.”
In Re Hll, 179 S.W.3d 894 (Mo. 2005).
· cites it 3× “The hearing referred to in the summons a service in compliance hearing was held on February 25, and the Court found that service had been made on all parties as required by section 211.453, RSMo 2000. [1] Although T.”
In Re Smb, Jr., 254 S.W.3d 214 (Mo. Ct. App. 2008).
· cites it 2× “The statutory requirements for service are contained in § 211.453, which states: 1. Service of summons shall be made as in other civil cases in the manner prescribed in section 506.”
In Re Cmd, 18 S.W.3d 556 (Mo. Ct. App. 2000).
“" Although § 211.453 allows a court to summons any other person whose presence it deems necessary to the proceedings, § 211.”
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