Juvenile Law

Editor:
Shawn R. McCarver, Esquire

Mother’s appeal is dismissed where mother appealed after the adjudication, but prior to the disposition hearing and judgment because the finding of jurisdiction order issued after the adjudication phase is not appealable. In Interest of M.P.R., No. 98026 (Mo. App. E.D., October 16, 2012), Clayton, J.

The child was taken into custody when two days old and the juvenile officer filed a petition alleging neglect. Temporary protective custody was granted and the adjudication hearing was held. After the adjudication, but prior to the dispositional hearing and judgment, mother filed an appeal. The juvenile officer moved to dismiss the appeal. Section 211.261.1 provides for appeal from any final judgment, order or decree which adversely affects appellant. Once a disposition is made, all issues before the court have been disposed of and there is nothing left for determination. Thus, a dispositional order is final and appealable. The finding of jurisdiction order issued after the adjudication phase is not final or appealable. Appeal dismissed for lack of a final, appealable order.