211.477. Order of termination, when issued--transfer of legal custody, to whom--alternatives to termination--power of court--granting or denial of petition deemed final judgment.
Order of termination, when issued--transfer of legal custody,to whom--alternatives to termination--power of court--granting ordenial of petition deemed final judgment.
211.477. 1. If, after the dispositional hearing, the court findsthat one or more of the grounds set out in section 211.447 exists or thatthe parent has consented to the termination pursuant to section 211.444 andthat it is in the best interests of the child, the court may terminate therights of the parent in and to the child. After ordering termination andafter consideration of the social study and report, the court shalltransfer legal custody to:
(1) The division of family services;
(2) A private child-placing agency;
(3) A foster parent, relative or other person participating in theproceedings pursuant to section 211.464; or
(4) Any other person or agency the court deems suitable to care forthe child.
2. If only one parent consents or if the conditions specified insection 211.447 are found to exist as to only one parent, the rights ofonly that parent with reference to the child may be terminated and therights of the other parent shall not be affected.
3. The court may order termination whether or not the child is inadoptive placement or an adoptive placement is available for the child.
4. If, after the dispositional hearing, the court finds that one ormore of the grounds set out in section 211.447 exists, but that terminationis not in the best interests of the child because the court finds that thechild would benefit from the continued parent-child relationship or becausethe child is fourteen or more years of age and objects to the termination,the court may:
(1) Dismiss the petition and order that the child be returned to thecustody of the parent;
(2) Retain jurisdiction of the case and order that the child beplaced in the legal custody of the parent, the division, a privatechild-caring or placing agency, a foster parent, relative or other suitableperson who is able to provide long-term care for the child. Any order ofthe court under this subdivision shall designate the period of time itshall remain in effect, with mandatory review by the court no later thansix months thereafter. The court shall also specify what residual rightsand responsibilities remain with the parent. Any individual granted legalcustody shall exercise the rights and responsibilities personally unlessotherwise authorized by the court; or
(3) Appoint a guardian under the provisions of chapter 475, RSMo.
5. Orders of the court issued pursuant to sections 211.442 to 211.487shall recite the jurisdictional facts, factual findings on the existence ofgrounds for termination and that the best interests of the child are servedby the disposition stated in the order.
6. The granting or denial of a petition for termination of parentalrights shall be deemed a final judgment for purposes of appeal.
(L. 1978 H.B. 972 § 8, A.L. 1985 H.B. 366, et al., A.L. 1999 S.B. 1, et al., A.L. 2003 S.B. 63)