A.S. and A.S. Missouri Cases

A.S. and A.S., the child's aunt and uncle, appealed the overruling of their motion for new trial following an adjudication hearing on a child neglect petition. The child had been removed from their temporary custody after suffering burns and fractures. The Missouri Supreme Court dismissed the appeal, holding that the relatives lacked standing under section 211.261 of the Juvenile Code. The Court found they were not appealing on the child's behalf and did not qualify as "parents" because their adoption of the child was not finalized.

A.S. and A.S., the child's aunt and uncle, appealed a juvenile court judgment that assumed jurisdiction over L.N.G.S. and placed the child in Children's Division care, arguing the court erred in denying their motion to continue the adjudication hearing. The appellate court determined that the relatives lacked statutory authority to appeal under section 211.261, as they are not defined as parents and did not appeal on the child's behalf. However, recognizing a significant split of authority among intermediate appellate courts regarding whether section 512.020 confers appeal rights to otherwise excluded parties, the court transferred the case to the Supreme Court of Missouri for final disposition to reexamine existing law.