TPR Granted:  If the Court grants TPR, then CD must implement the permanency plan.

TPR Not Granted: If the Court denies the petition the worker should evaluate the reasons the court gave for the denial and take appropriate actions, including reevaluating the permanency plan for the child. The worker should promptly schedule an FST to determine an appropriate case plan. Such discussions in the FST should include evaluation of appropriateness of the concurrent plan. If the Court denies the petition and the child was in the custody of the Children’s Division the Division may have the right to appeal the decision to the Court of Appeals or the Supreme Court. The decision whether or not to file an appeal must be made in conjunction with the Circuit Manager and the Division of Legal Services. An appeal must be filed within 40 days of the date of the Court’s order denying the petition. To pursue an appeal the Division of Legal Services must prepare and submit a referral to the Attorney General’s Office. If the Division wishes to consider pursuing an appeal the Division must refer the matter to DLS no later than 10 days from the date of the entry of the Court’s order. If the appeal is not filed with the court in a timely manner the judgment becomes final and, in most circumstances, cannot be appealed further.

If costs are assessed (such as attorney fees), against the Division, payment must be processed within 30 days. If there is a question about whether the Court has the authority to assess the costs or attorney fees against the Division, or whether the amount charged to the Division is reasonable the worker should initiate a referral for legal advice to the Division of Legal Services (DLS). Court rules impose time limits on the ability of the Division to challenge such orders once they are entered. In most cases challenges must be filed with the court within 30 days of the date of the entry of the Court’s order. The worker and the supervisor must therefore process such DLS referrals on an expedited basis.

NOTE:  Section 211.444, RSMo, states: “The written consent required by subsection 1 of this section shall be valid and effective only after the child is at least forty-eight hours old and if it complies with the other requirements of Section 453.030, RSMo.”

Related Practice Alerts and Memos:

2-18-20 – PA20-CM-01 – Termination of Parental Rights Referral Form