Section 211.453

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 1999   

  211.453.  Service of summons, how made — when required — waiver of summons. — 1.  Service of summons shall be made as in other civil cases in the manner prescribed in section 506.150. However, if service cannot be made as prescribed in section 506.150 and it is not waived, then the service shall be made by mail or publication as provided in section 506.160.

  2.  Persons who shall be summoned and receive a copy of the petition shall include:

  (1)  The parent of the child, including a putative father who has acknowledged the child as his own by affirmatively asserting his paternity, unless the parent has filed a consent to the termination of parental rights in court;

  (2)  The guardian of the person of the child;

  (3)  The person, agency or organization having custody of the child;

  (4)  The foster parent, relative or other person with whom the child has been placed; and

  (5)  Any other person whose presence the court deems necessary.

  3.  The court shall not require service in the case of a parent whose identity is unknown and cannot be ascertained, or cannot be located.

  4.  Any person required to receive summons may waive appearance or service of summons.

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(L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1999 S.B. 1, et al.)

(1988) Section 211.453 is unconstitutional as a denial of due process insofar as it removes the necessity of notice by publication to a parent whose identity is unknown and cannot be ascertained or cannot be located. In Interest of Loveheart, 762 S.W.2d 32 (Mo. En Banc).