Section 2.41 Hearing and Decree

• Library: Adoption Law and Practice 2014 Supp

VIII. (§2.41) Hearing and Decree

By legislative direction, the court, upon receipt of a properly filed petition for adoption, must hear the petition "in a timely fashion." Section 453.010.5, RSMo Supp. 2003. In all contested TPR or adoption cases the trial court must, consistent with due process, expedite the proceeding by entering those scheduling orders as are necessary to ensure that the case is not delayed, and the case must be given priority in setting a final hearing and heard at the earliest possible date over other civil litigation, other than child protection cases. Section 453.011.1, RSMo 2000.

The court, after conducting a hearing at which evidence is adduced, must determine whether the adoption will be finalized. Per the provisions of § 453.080.1, RSMo Supp. 2003, the court must ascertain whether:

(1) The person sought to be adopted, if a child, has been in the lawful and actual custody of the petitioner for a period of at least six months prior to entry of the adoption decree, except that the six-month period may be waived if the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to chapter 211, RSMo, and the person desiring to adopt the child is the child’s current foster parent. "Lawful and actual custody" shall include a transfer of custody under the laws of this state, another state, a territory of the United States, or another country;

(2) The court has received and reviewed a postplacement assessment on the monthly contacts with the adoptive family pursuant to section 453.077, except for good cause shown in the case of a child adopted from a foreign country;

(3) The court has received and reviewed an updated financial affidavit;

(4) The court has received the recommendations of the guardian ad litem and has received and reviewed the...