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).
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Section 211.011 - Purpose of law — how construed.
Section 211.021 - Definitions.
Section 211.023 - Juvenile court commissioner, appointment, where, term, compensation.
Section 211.037 - Nonoffending parent, child returned to custody of, when.
Section 211.051 - Jurisdiction as to custody of child not exclusive.
Section 211.069 - Citation of law.
Section 211.085 - Court may order work in restitution for child — child not an employee.
Section 211.101 - Issuance of summons — notice — temporary custody of child — subpoenas.
Section 211.111 - Summons, how served.
Section 211.121 - Failure to respond to summons, contempt — warrant for custodian of child.
Section 211.132 - Parent, guardian may be made party to proceeding.
Section 211.135 - Appearance of child in court, when.
Section 211.151 - Places of detention — photographing and fingerprinting, restrictions.
Section 211.156 - Care and detention of certain children by county, contribution by state, when.
Section 211.161 - Court may require physical or mental examination — costs paid by county.
Section 211.177 - Grandparent's right to intervene in action, restrictions, termination.
Section 211.180 - Family preservation screenings, conducted when, results.
Section 211.188 - Court may order work for restitution — not an employee.
Section 211.202 - Mentally disordered children, evaluation — disposition — review by court.
Section 211.203 - Developmentally disabled children, evaluation — disposition — review by court.
Section 211.221 - Religion considered in placing child.
Section 211.251 - Modification of court orders.
Section 211.271 - Court orders not to affect civil rights — not evidence, exception.
Section 211.281 - Costs how adjudged, collected.
Section 211.311 - Clerk of circuit court to act for juvenile court.
Section 211.319 - Juvenile court records and proceedings, abuse and neglect cases, procedure.
Section 211.341 - Detention facilities, how provided — government (third and fourth class counties).
Section 211.343 - Detention facilities, standards and rules for operation.
Section 211.355 - Missouri state juvenile justice advisory board, members, report.
Section 211.381 - Compensation of juvenile court personnel — expenses — salary adjustments.
Section 211.382 - Professionals retained by juvenile court, when.
Section 211.401 - Duties of juvenile officers — may make arrests — cooperation.
Section 211.411 - Law enforcement officials to assist and cooperate with juvenile officers.
Section 211.421 - Endangering the welfare of a child or interfering with orders of court.
Section 211.431 - Violation of law, class A misdemeanor.
Section 211.442 - Definitions.
Section 211.443 - Construction of sections 211.442 to 211.487.
Section 211.444 - Termination of parental rights, when.
Section 211.453 - Service of summons, how made — when required — waiver of summons.
Section 211.487 - Application of sections 211.442 to 211.487 — what law to govern.
Section 211.500 - Establishment of regional juvenile detention districts, when.