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IN RE ADOPTION OF C.M.B.R.

No. SC 91141.

332 S.W.3d 793 (2011)

In re the ADOPTION OF C.M.B.R., a minor. S.M. and M.M., Respondents, v. E.M.B.R., Appellant.

Supreme Court of Missouri, En Banc.

January 25, 2011.

Attorney(s) appearing for the Case

Christopher M. Huck of Peterson Young Putra PS, R. Omar Riojas of DLA Piper LLP in Seattle, WA, William J. Fleischaker of Fleischaker & Williams LC, Joplin, for the mother.

Richard L. Schnake of Neale & Newman LLP, Springfield, Joseph L. Hensley of Hensley & Nicholas LLC, Joplin, for adoptive parents.

Jamey Garrity , guardian ad litem, Joplin, for the child.

Brenda Elliston of the Elliston Law Offices, Webb City, for Jasper County juvenile officer.

John de Leon , Chaves & de Leon PA, South Miami, FL and Gaylin Carver , Carver & Michael LLC, Jefferson City, for The consulate general of Guatemala.

Anthony E. Rothert of ACLU of Eastern Missouri, Annette R. Appell of Washington University Law School, St. Louis, Stephen Douglas Bonney of ACLU of Kansas & Western Missouri, Kansas City, for The ACLU of Eastern Missouri, the ACLU of Kansas & Western Missouri and Washington University Law School Civil Justice Clinic.

Maria Woltjen and Jennifer Nagda of project in Chicago and Anthony E. Rothert of ACLU of Eastern Missouri, St. Louis, for The Immigrant Child Advocacy Project at the University of Chicago.

Angela J. Ferguson , Austin & Ferguson LLC, Kansas City, Shari Lahlou , Patricia Connally and Christine Sommer , Crowell & Moring LLP, Washington, D.C., for Legal Momentum.

Fernando Bermudez , Green Jacobson PC, Clayton, Cynthia V. Dixon and Alejandro Aixala of the legal defense fund in Chicago, for The Mexican American Legal Defense Fund.

John C. Holstein and James E. Meadows , Polsinelli Shughart PC, Springfield, Christopher W. Dysard , Linda Imes and Max C. Nicholas , Spears & Imes LLP, New York, NY, for The Women's Refugee Commission.

PATRICIA BRECKENRIDGE, Judge.

E.M.B.R. (Mother) appeals a judgment terminating her parental rights to her son, C.M.B.R. (Child), and granting M.M. and S.M.'s petition to adopt Child because the trial court found she willfully abandoned him. The failure to investigate and file reports prior to the trial on the petition as mandated by sections 211.455, 453.070.1 and 453.077.1 is plain error and requires reversal of the judgment...

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