Court of Appeals Voids Termination of Immigrant’s Parental Rights
On July 21, 2010, the Missouri Court of Appeals for the Southern District reversed an order terminating the parental rights of an immigrant whose child was illegally place for adoption. The American Civil Liberties Union of Eastern Missouri and American Civil Liberties Union of Western Missouri and Kansas file a friend-of-the-court brief.
After the mother was arrested in an immigration raid at a poultry plant, she left her child with family members. A local public school official help facilitate a transfer of the child to a couple who wished to adopt the child. A transfer hearing was held but the mother was not present or represented by an attorney. Eventually, the trial court terminated the mother’s parental rights and allowed the child to be adopted by the couple.
The Court of Appeals held that the transfer of the child without the mother’s consent or the involvement of the Children’s Division was unlawful and that the private adoption should not have occurred.
According to the Court’s decision, the adoptive parents “argue[d] that anyone can place [a] child for adoption and it is up to the parent to contact the police in opposition to the placement prior to the court allowing a transfer of custody.” The Court rejected the argument finding the “proposition has no support in our laws or a civilized society.” The Court recognized “allowing this type of transfer … would not only contradict the statutory requirements, but would also open the door to the black-marketing of children. The failure to comply with the adoption procedures invites fraudulent presentations of incomplete information to the trial court.”
The Court of Appeals also identified eight “serious failures to follow statutory requirements” that prejudiced the mother and caused the unwarranted termination of her parental rights.
View the decision: SD_Opinion_parenting_rights