HCS SCS SB 44 & 59 -- ADOPTION

SPONSOR:  Bentley (Monaco)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 14 to 0 and 1 present.

This substitute contains provisions pertaining to adoption and
foster care.

ADOPTION AWARENESS LAW

The substitute requires the Department of Social Services to
collect and distribute resource materials about adoption and
foster care to the public.  The department is also required to
develop and distribute educational materials on the positive
aspects of adoption and foster care.  The educational materials
will be made available to specified clinics, hospitals, and
facilities for patients who request such materials.

EXTENDED CUSTODY OF CHILDREN

The Division of Family Services is allowed to apply to the
juvenile court in order to extend its custody of a child beyond
his or her 18th birthday for good cause when the court
determines that it is necessary.

SAFE PLACE FOR NEWBORNS ACT

The substitute establishes the Safe Place for Newborns Act of
2001, which protects newborn children from injury and death
caused by abandonment by a relinquishing parent and provides
alternatives to abandonment.

An affirmative defense to charges of criminal abandonment or
endangering the welfare of a child is provided to parents as
contained in the substitute if a relinquishing parent
voluntarily delivered the child safely to the physical custody
of authorized persons.

Authorized persons are required to take physical custody of a
newborn without court order if they believe that the child is no
more than 30 days old and that it is delivered by a person
purporting to be a parent.  If delivery of a child is made to a
place other than a 24-hour medical facility licensed under
Chapter 197, RSMo, a person taking custody is required to
immediately transport the child to the nearest 24-hour medical
facility licensed under Chapter 197.  An employee or agent of a
24-hour medical facility is required to notify the Division of
Family Services upon receipt of a child and the local juvenile
officer when the child is medically ready for discharge for
commencement of protective custody proceedings.

The implied consent of a parent to actions performed by licensed
24-hour medical facilities which are necessary to protect the
physical health and safety of the child is constituted if the
child is voluntarily delivered according to provisions of the
substitute.  The voluntary delivery of a child according to the
provisions of the substitute also constitutes a voluntary
relinquishment of the relinquishing parent's parental rights.

The non-relinquishing parent can file for custody of the child
within 30 days after any authorized person accepts custody of
the child from a relinquishing parent.  In any termination of
parental rights proceedings, the court is required to make
public notice of a child that has been relinquished and the
non-relinquishing parent has 30 days to identify himself or
herself to the court and to state his or her intentions
regarding the child.  The court is required to initiate
proceedings to establish paternity.  If the non-relinquishing
parent fails to file an action within the 30-day period, such
parent is forever barred from filing for custody of the child.

Authorized persons listed in the substitute are immune from
civil, criminal, and administrative liability for good faith
discharge of duties required by the substitute.

The Division of Family Services is required to provide
information and to answer questions about the substitute through
a statewide toll-free number.  The division is also required to
provide information to the public through general public service
announcements or by other means.

The provisions of the substitute do not conflict with Section
210.125, pertaining to the protective custody of children.

REUNIFICATION OF CHILDREN AND FAMILIES

Reasonable efforts are not required to be made by the Division
of Family Services for reunification of children and families
when a child is abused by a person other than the parent and
circumstances indicate the parent knew or should have known
about the abuse.

FACILITATION OF ADOPTION AND ADOPTION SUBSIDIES

The Division of Family Services must diligently seek adoptive
homes that reflect racial and ethnic diversity.  A provision is
revised by deleting the requirement that a case-by-case
consideration must be made for a child's cultural, racial, or
ethnic background.  The placement of a child is prohibited from
being hindered on the basis of race, color, or national origin.

The substitute requires courts to expedite the placement for
adoption of children who are under the prior and continuing
jurisdiction of the juvenile court.  The 6-month custody
requirement prior to finalization of adoption is waived if the
child is under the prior and continuing jurisdiction of the
juvenile court and the adoptive parent is the current foster
parent.

The adoption subsidy paid by the Division of Family Services to
families who move from Missouri is repealed.

MISSOURI CASA FUND

The substitute establishes the Missouri CASA Fund in the state
treasury to support the Court-Appointed Special Advocate (CASA)
Program throughout the state.  The State Treasurer must credit
the fund with appropriations, gifts, contributions, grants, an
additional surcharge collected from domestic relations
petitions, and bequests that are earmarked for the fund.  The
State Courts Administrator will administer the fund according to
the substitute's guidelines.

FISCAL NOTE:  Total Estimated Cost to General Revenue Fund of
$89,338 to Unknown in FY 2002, $94,686 to Unknown in FY 2003,
and $97,525 to Unknown in FY 2004.  Estimated Net Effect on
Missouri CASA Fund of $0 in FY 2002, FY 2003, and FY 2004.
Subject to Appropriation.

PROPONENTS:  Supporters say that the positive aspects of
adoption and foster care should be disseminated to the public.
Adoptions should be expedited by the court and adoptions and
placements should be made which reflect racial and ethnic
diversity.

Testifying for the bill were Senator Bentley; Department of
Social Services, Division of Family Services; Midwest Foster
Care and Adoption Association; Foster Care Coalition; and
Campaign Life of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am