§9.32 Mental Condition
Library | Juvenile Law Deskbook (2021 Supp.) |
1. (§9.32) Mental Condition
When determining whether the parents’ mental health condition prevents them from parenting under § 211.447.5(2)(a), RSMo Supp. 2019, counsel must now also be cognizant of § 211.447.10, which states that “[t]he disability or disease of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability or disease and harm to the child.” In light of this section, courts have held the following:
...[W]hen termination is based on a parent's mental illness, courts must take great care to identify a causal connection between the disability and harm to a child before terminating parental
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- §9.1 History
- §9.3 Filing the Petition
- §9.4 Requirements of the Petition
- §9.5 Venue and Change of Judge
- §9.6 Hearing Requirement
- §9.8 Rights of Putative Fathers
- §9.10 Social Study
- §9.11 Presentation of Evidence
- §9.13 Standard of Proof
- §9.15 When Hearing Is to Be Held
- §9.16 The Parent
- §9.17 The Child
- §9.19 General Considerations
- §9.20 Consent
- §9.21 Grounds for Mandatory Filing of Termination Petition
- §9.23 Abandonment of Infant
- §9.27 Abandonment
- §9.28 Abuse or Neglect
- §9.32 Mental Condition
- §9.33 Chemical Dependency
- §9.34 Severe or Recurrent Acts of Abuse
- §9.35 Repeated or Continuous Neglect
- §9.37 Grounds
- §9.38 Factors
- §9.43 Criminal Sexual Offense Committed Against Child by Parent
- §9.44 Forcible Rape
- §9.45 Parental Unfitness
- §9.46 Factors to Be Considered in All Termination Cases
- §9.47 Adoptions
- §9.49 Appeal
- §9.50 Indian Child Welfare Act
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