CCS#2 SS HCS HB 154 -- CHILD PLACEMENT, FOSTER CARE, AND STANDBY
GUARDIANS

This bill establishes the Foster Care Education Bill of Rights
and changes the laws regarding the placement of children and the
appointment of standby guardians.

FOSTER CARE EDUCATION BILL OF RIGHTS (Sections 167.018, 167.019,
and 210.1050, RSMo)

The Foster Care Education Bill of Rights is established requiring
each school district to designate a staff person to act as the
educational liaison for children in foster care.  The liaison
will facilitate the proper educational placement and expedite
record requests and submissions.  Foster care pupils will have
the right to remain enrolled in their school of origin pending
resolution of school placement disputes.  Districts must accept
credit for work satisfactorily completed; and if a pupil under
the jurisdiction of the juvenile court completes graduation
requirements, the school district of residence must issue a
diploma.  Students must not be penalized for absences resulting
from required court appearances or court-related activities.
Districts are authorized to permit access of a pupil's records to
child-placement agencies within the limits of federal law.
Children in foster care or children placed in a licensed
residential care facility are entitled to a full six-hour school
day unless the school district determines that fewer hours are
needed.  The Commissioner of Education will act as an ombudsman
for children placed for treatment in a licensed residential
facility by the Department of Social Services and will make the
final determination over discrepancies regarding school day
length.

PLACEMENT OF CHILDREN (Sections 210.305, 210.565, and 453.030)

When an emergency placement of a child is deemed necessary by the
juvenile or family court, the bill requires the Children's
Division within the Department of Social Services to make
documented diligent efforts to locate, contact, and place the
child with a grandparent unless the division determines that the
placement is not in the best interests of the child.  The
division must have documented in writing just cause for the
non-placement with a grandparent.  Prior to placing a child in
any emergency placement, the division must make sure that the
child's physical needs are met.  The placement with a grandparent
is subject to an emergency placement background check.  Diligent
efforts must be made to contact the grandparent or grandparents
of a child within three hours from the time an emergency
placement is deemed necessary.  During this time period or if the
grandparent or grandparents cannot be located, the child may be
placed in an emergency placement.  The division must continue to
make diligent efforts to contact, locate, and place the child
with a grandparent or grandparents, or another relative, with
first consideration given to a grandparent for placement.  The
provisions of this section are not to interfere with or supersede
the laws relating to parental rights or judicial authority.

When a court determines that a child must be placed in a foster
home, the division must make diligent efforts to locate the
grandparents of the child and determine if they wish to be
considered for placement of the child.

A grandparent or other relative can, on a case-by-case basis,
have the standards for licensure of his or her home waived,
except for the standards related to safety, for specific children
in care if those standards impede the licensing of the
grandparent's or other relative's home.

A guardian ad litem must ascertain a child's wishes and feelings
about his or her placement through interviews with the child if
appropriate, based on the child's age and maturity level, and
must be considered as a factor in placement decisions and
recommendations.  This consideration will not supersede the
preference for relative placement or be contrary to the child's
best interests.  In a case involving the adoption of a child
younger than 14 years of age, the guardian ad litem must
ascertain the child's wishes and feelings if appropriate, based
on the child's age and maturity level, and must be considered as
a factor in determining if the adoption is in the child's best
interests.

STANDBY GUARDIAN OF MINORS OR INCAPACITATED PERSONS (Sections
475.010 - 475.105)

A custodial parent may designate a person to act as a standby
guardian for a minor or an incapacitated person by a will or by a
separate written instrument.

If a parent who has designated a standby guardian is or becomes
seriously ill, the parent or designated standby guardian may file
a petition in probate court seeking appointment of the person as
the standby guardian of the minor or incapacitated person.  The
petition must be filed with a copy of the will or the written
instrument designating the standby guardian and a consent to act
as the standby guardian by the designated person.

The petition must contain certain identifying and contact
information for the minor or incapacitated person, the custodial
parent and designated standby guardian, each parent of the minor
or incapacitated person, the spouse and all living children of
the minor or incapacitated person, information about any
adjudication of incapacity and the reasons why a standby guardian
is sought.

The court must determine the appointment of a standby guardian in
accordance with the best interests of the minor or incapacitated
person after considering whether there is a parent other than the
custodial parent willing, able, and fit to assume the duties of a
parent; the suitability of any person nominated by the minor or
incapacitated person to be the standby guardian if he or she can
communicate a reasonable choice; and the desirability of
arrangements which minimize stress and disruption and avoid the
placement of the minor or incapacitated person in foster or
similar care if the custodial parent becomes incapacitated or
dies.

The authority of the person to act as the standby guardian will
only take effect if the person has previously been appointed by
the court as a standby guardian or if the person has not yet been
appointed upon the first to occur of the following:  (1) if the
consent of the custodial parent is given in a written, duly
executed instrument; (2) if an entry of an order adjudicating the
custodial parent as incapacitated has been entered; or (3) if the
custodial parent dies.  The standby guardian must notify the
court in writing within 10 days after he or she begins acting as
the standby guardian of that fact and of the reasons and must
petition the court within 60 days for appointment as the standby
guardian or for another qualified person to be appointed as the
guardian for the minor or incapacitated person.

Nothing in these provisions is to be construed to deprive a
parent of his or her legal rights nor to authorize a grant of
authority to a standby guardian which would supersede any of
these rights or to relieve his or her obligations or duties to a
minor or incapacitated person.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am