211.453. Service of summons, how made — when required — waiver of summons.

269 words·~1 min read·/mo/chapter-211/211-453

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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).