Section 2.42 Appeal

• Library: Adoption Law and Practice 2014 Supp

IX. (§2.42) Appeal

As in other types of civil proceedings, the right to appeal in adoption cases is statutory and is granted by the provisions of § 453.060.4, RSMo 2000. This section specifies that any party appealing the judgment must proceed "in the manner and form provided by the civil code of Missouri." Id. Therefore, even though adoption proceedings take place in the juvenile court, appellate procedure is done in conformity with the statutes and Supreme Court Rules pertaining to appeals in civil actions. But because of the sensitive nature and confidentiality in most adoptions, it is suggested that the practitioner on appeal move to proceed in camera and to style the case by initials rather than by full names.

M.O. v. A.O., 70 S.W.3d 579 (Mo. App. W.D. 2002), was an appeal of a judgment denying the TPR count of the foster parents’ two-count petition filed under § 453.040(8) for termination of natural mother’s (and father’s) parental rights and for subsequent adoption. The trial court, although granting TPR as to the father, denied TPR as to the mother, dismissed the petition for adoption, and ordered the Division of Family Service (DFS) (now the Children’s Division) to continue to provide services to the mother and child to assist in possible reunification. The mother and DFS moved to dismiss the appeal, arguing that, under existing law, the judgment denying TPR was not a final judgment and, therefore, not appealable. The appellants contended that TPR proceedings brought under Chapter 453, RSMo, should be treated differently than those initiated by the juvenile officer under...