§9.45 Parental Unfitness
| Library | Juvenile Law Deskbook (2021 Supp.) |
The General Assembly has significantly expanded the unfitness ground. The former § 211.447.5(6), RSMo Supp. 2010, is now § 211.447.5(5), RSMo Supp. 2019. The unfitness section can now be divided into two subsections: parental unfitness under § 211.447.5(5)(a) and the presumption of unfitness under § 211.447.5(5)(b).
Under § 211.447.5(5)(a):
[t]he parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse including, but not limited to, specific conditions directly relating to the parent and child relationship which are determined by the court to be of a duration or nature that renders the parent...
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