208.100. Appeal to circuit court--procedure.
Appeal to circuit court--procedure.
208.100. 1. Any claimant aggrieved by the decision of thedirector of the division of family services made under section208.080 may appeal to the circuit court of the county in whichsuch claimant resides within ninety days from the date of theaction and decision appealed from.
2. The division shall furnish the claimant, upon request,with proper form of affidavit for appeal from the director of thedivision of family services to the circuit court.
3. Upon the affidavit for appeal, duly executed by theclaimant before an officer authorized to administer oaths, beingfiled with the division within ninety days from the date of thedecision of the director of the division of family services theentire record preserved in the case at the time of the claimant'shearing, together with the hearing decision and the affidavit forappeal, shall be certified by the director of the division offamily services to the circuit court and the case shall bedocketed as other civil cases except that neither party shall berequired to give bond or deposit any money for docket fee onappeal to the circuit court.
4. Such appeal shall be tried in the circuit court upon therecord of the proceedings had before and certified by thedirector of the division of family services, which shall in suchcase be certified and included in the return of said director tothe court.
5. Upon the record so certified by the director of thedivision of family services, the circuit court shall review theaction and decision of the director in accordance with theprovisions of section 536.140, RSMo; and the court shall renderjudgment affirming, reversing, or modifying the director'sdecision, and may order the reconsideration of the case in thelight of the court's opinion and judgment, and may order thedirector to take such further action as it may be proper torequire.
(RSMo 1939 § 9411, A. 1949 S.B. 1063, A.L. 1981 S.B. 73)