211.453. Service of summons, how made--when required--waiver of summons. - Missouri Statutes

Service of summons, how made--when required--waiver of summons.

211.453. 1. Service of summons shall be made as in other civil casesin the manner prescribed in section 506.150, RSMo. However, if servicecannot be made as prescribed in section 506.150, RSMo, and it is notwaived, then the service shall be made by mail or publication as providedin section 506.160, RSMo.

2. Persons who shall be summoned and receive a copy of the petitionshall include:

(1) The parent of the child, including a putative father who hasacknowledged the child as his own by affirmatively asserting his paternity,unless the parent has filed a consent to the termination of parental rightsin 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 childhas 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 whoseidentity is unknown and cannot be ascertained, or cannot be located.

4. Any person required to receive summons may waive appearance orservice of summons.

(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).