211.455. Procedure after filing of petition — determination of service — extension of time for service, when — investigation. — 1. Within thirty days after the filing of the petition, the juvenile officer shall meet with the court in order to determine that all parties have been served with summons and to request that the court order the investigation and social study.
2. If, at that time, all parties required to be served with summons have not been served, the court, in its discretion, may extend the time for service if the court finds that service may be forthcoming and that the best interests of the child would be served thereby.
3. The court shall order an investigation and social study except in cases filed under section 211.444. The investigation and social study shall be made by the juvenile officer, the state children's division or a public or private agency authorized or licensed to care for children or any other competent person, as directed by the court, and a written report shall be made to the court to aid the court in determining whether the termination is in the best interests of the child. It shall include such matters as the parental background, the fitness and capacity of the parent to discharge parental responsibilities, the child's home, present adjustment, physical, emotional and mental condition, and such other facts as are pertinent to the determination. Parties and attorneys or guardians ad litem or volunteer advocates representing them before the court shall have access to the written report. All ordered evaluations and reports shall be made available to the parties and attorneys or guardians ad litem or volunteer advocates representing them before the court at least fifteen days prior to any dispositional hearing.
Notes of Decisions
Cited in
53
cases (
6 in the last 5 years), 1987–2024 · leading case:
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011).
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011).
· cites it 24× “The failure to investigate and file reports prior to the trial on the petition as mandated by sections 211.455, 453.070.1 and 453.077.1 is plain error and requires reversal of the judgment of termination of Mother’s parental rights and the grant of adoption.”
In the Interest of C.W., 211 S.W.3d 93 (Mo. 2007).
· cites it 26× “Mother filed her answer and also objected to the investigation and social study on the grounds that section 211.455,' RSMo 2004, 1 requires the *97 study to be ordered by the court after the petition is filed, not before.”
In Re Rsl, 241 S.W.3d 346 (Mo. Ct. App. 2007).
· cites it 33× “She claims that the trial court violated section 211.455, RSMo 2000, [2] by admitting into evidence and relying on the investigation and social study filed by the Children's Division with the petitions for termination of parental rights.”
Interest of Cgcbg v. Dade Cnty. Juv. Off., 212 S.W.3d 218 (Mo. Ct. App. 2007).
· cites it 18× “, and in the efforts of this Court to comply with the requirements of Section 211.455 RSMo, and in accordance with provision of Section 211.”
In the Interest of K.L.W., 214 S.W.3d 401 (Mo. Ct. App. 2007).
· cites it 20× “Mother argues the trial court erred in terminating her parental rights to the Children because the trial court did not comply with Section 211.455 RSMo 2000 which requires that a meeting between the juvenile officer and the trial court occur after the filing of the petition *402…”
In Re Adoption of CMBR, 332 S.W.3d 793 (Mo. 2011).
· cites it 24× “I concur in the principal opinion to the extent it holds that an entirely new termination and adoption hearing is required due to the plain error in failing to comply with the mandatory legislative requirements of: (1) an independent investigation and written report pursuant to…”
In re the Adoption of J.A.D., 417 S.W.3d 327 (Mo. Ct. App. 2013).
· cites it 9× “Appellant appeals the trial court’s judgment terminating her parental rights to the children entered in that adoption proceeding claiming that the trial court erroneously applied the law because the underlying dispositional hearing did not take place within thirty days after the…”
In Re Ah, 169 S.W.3d 152 (Mo. Ct. App. 2005).
· cites it 23× “Point I asserts that the trial court erred in accepting and relying upon a written report compiled and submitted by the Children's Division regarding its investigation and social study, as the trial court failed to comply with the procedure as mandated by section 211.455, RSMo…”
In the Interest of Z.M., 393 S.W.3d 127 (Mo. Ct. App. 2013).
· cites it 24× “because the trial court did not comply with Section 211.455, 1 which requires that all ordered evaluations and reports be made available to the parties at least 15 days prior to any dispositional hearing.”
In the Interest of S.R.F. v. G.P.F., 362 S.W.3d 420 (Mo. Ct. App. 2012).
· cites it 14× “For example, section 211.455 sets forth requirements including: a timeline for a service and compliance conference, requirements for the court ordered investigation and social study and its minimum content, and requires that all ordered evaluations and reports be made available…”
In the Interest of K.T.K. v. Crawford Cnty. Juv. Off., 229 S.W.3d 196 (Mo. Ct. App. 2007).
· cites it 2× “(collectively referred to as the “children”), appeals the termination of his parental rights, contending the juvenile court erred when it found that there were statutory grounds to do so, and in not strictly complying with the provisions of Section 211.455. 1 We affirm. M.S.…”
Missouri Dep't of Soc. Servs., Child.'s Div. v. B.T.W., 422 S.W.3d 381 (Mo. Ct. App. 2013).
· cites it 6× “1 provides that “[w]ithin thirty days after the juvenile officer and *390 the court have met pursuant to section 211.455, the court shall hold the disposi-tional hearing[.”
— Mo. Rev. Stat. § 211.455(3) — 2 cases
In Re Te, 35 S.W.3d 497 (Mo. Ct. App. 2001).
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