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 AnalystCopyright (c) Missouri House of Representatives