What does MO consider an abandoned infant?

And ofcourse, I find it the very next day. :cheer: So just incase any one else needs it: Abandonment in Missouri Section 211.447.4(1)(b). In relevant part, this subsection states that "[t]he court shall find that the child has been abandoned if, for a period of six months or longer (b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so[.]" Id.; see In re J.M.S., 83 S.W.3d 76, 82 (Mo. App. 2002). Abandonment has been defined as either "a voluntary and intentional relinquishment of the custody of the child to another, with the intent to never again claim the rights of a parent or perform the duties of a parent; or ... an intentional withholding from the child, without just cause or excuse, by the parent, of his presence, his care, his love, and his protection, maintenance, and the opportunity for the display of filial affection." In re Watson's Adoption, 195 S.W.2d 331, 336 (Mo. App. 1946); see In re P.G.M., 149 S.W.3d 507, 514 (Mo. App. 2004). This largely presents an issue of intent, which is inferred from the parent's conduct. In re P.L.O., 131 S.W.3d 782, 789 (Mo. banc 2004); P.G.M., 149 S.W.3d at 514. Evidence of the parent's conduct both before and after the requisite six-month period may be considered. In re J.B.D., 151 S.W.3d 885, 888 (Mo. App. 2004). However, "[o]nly the parent's conduct prior to the filing of the petition for termination may be considered to establish the six-month period." Id.

Sorry I didn't see this sooner. Yes there is no minimum for abandonment of an infant in Missouri. Our now AD was declared abandoned only 4 1/2 months into the case. Mom only showed for the first visit, then none thereafter and never contacted CW or her attorney. Dad never had any type of contact whatsoever, except he was at the very first 72 hour FST meeting. He was asked to do a drug test that day. He didn't and was never heard from since. He was also told that day that RU was possibly going to be impossible to him because of his criminal history.

Thanks, the cw is going to retroactively start the time from when birthmom got asked to leave rehab. :cheer: But that still takes us to 5 months of this 7 month olds life that she hasn't seen her. So sad.

Is the JO talking about bringing this issue up at the next review hearing? Our JO asked for abandonment at a review hearing. It was granted and CD was also relieved of services at that time. It shocked bio parents' attorneys as they had no idea JO was going to ask for that so quick, so both asked the judge to withdraw that day- since neither of them had heard from parents. Judge granted that request also. It was a huge step toward permanency for us. Have any relatives been looked at in your case? Luckily we never had any come forward. Good Luck!!

They have a review for her next month. The maternal gma is in the picture. The bm was living with her, then a couple weeks ago the cw called to follow up about missed visits and gma stated that the bm was missing and the baby needed to be moved to her house ASAP. I guess she used this tactic with a previous older sibling and it worked. Then after she got guardianship, the bm moved back in. The GAL told the cw to document EVERYTHING when they were doing the home study. And they are making her do a full 90 day home study instead of a shortened kinship one. Another main issue is the baby was born 5 weeks early and has some breathing issues (regular nebulizer treatments). Gma is a chain smoker with stage 2 emphazema. Gma left clothes for her at the daycare. The workers had to take them outside, they reeked that strongly!

Oh my, hopefully, they determine gma's house would not be in her best interest. Our AD had respiratory issues as well. At the first FST, bio's were told they would have to quit smoking. Dad flat out said no, and that they couldn't make him. I wonder if the emphazema will be such that gma couldn't safely take care of an infant? I don't know much about emphazema though. I know it's a roller coaster though, especially with relatives. While we never had any viable relatives come forward, we were worried that some might. Maternal great, great Gma had visits during the whole case, but was not a suitable resource to health issues. Gma agreed-and didn't really want the baby full time. We still visit with her every month or so even after the adoption was finalized. But we found out that DH personally knew great, great grandma's son. DH used to work under him a few years ago. We knew if he wanted the baby, he would more than likely pass a homestudy, but he showed no interest. And to this day, he has not asked to see his great granddaughter.

We also don't know if there is a dad in the picture yet. The first guy failed the paternity test, so another name just got thrown in the mix. So who knows anything about that side of the family, if it ever even comes out who the bf is. I just can't fathom not wanting to see your grandbaby or great grandbaby. Even if you know they are in the perfect home and you have no intention of disrupting that. Just to see them being happy & loved should be a priority. And at least she is :love: