SECOND REGULAR SESSION

HOUSE BILL NO. 1182

93RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor), SCHAAF, DAY, DEEKEN, SUTHERLAND, PHILLIPS, RUESTMAN, WILSON (130) AND NANCE (Co-sponsors).

                  Pre-filed December 22, 2005 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

3534L.01I

AN ACT

To amend chapter 210, RSMo, by adding thereto one new section relating to age of majority.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 210, RSMo, is amended by adding thereto one new section, to be known as section 210.015, to read as follows:

            210.015. 1. Any parent, legal guardian, or other person having legal custody of a minor child and with whom the minor child resides, may, at any time after the minor child attains fifteen years of age and before the minor child attains seventeen years of age, petition the circuit court for the county where the minor child and parent, legal guardian, or other person having legal custody of the minor child reside to extend the minor child's majority until the minor child reaches the age of eighteen years.

            2. The petition shall be accompanied by verified proof of service on the minor child and certified copies of documents demonstrating that the petitioner is the parent, legal guardian, or other legal custodian of the minor child. If the petitioner is not the natural parent of the minor child, the petition shall be accompanied by:

            (1) An affidavit from at least one of the child's natural parents consenting to the granting of the petition; or

            (2) An affidavit from the petitioner stating that the natural parents:

            (a) Are deceased;

            (b) Have been declared legally incompetent;

            (c) Have had their parental rights as to the minor child terminated by a court of competent jurisdiction;

            (d) Have voluntarily surrendered their parental rights as to the minor child;

            (e) Have abandoned the minor child;

            (f) Are unknown; or

            (g) Are otherwise unavailable, in which case, the affidavit shall state the reasons why the natural parents are unavailable.

            3. Upon the filing of a petition under this section and a determination by the court in favor of the petitioner, the circuit court shall issue an order declaring that the minor child shall remain a minor for all purposes under state law until the minor child reaches eighteen years of age. Such minor child shall be subject to the compulsory school attendance requirements of section 167.031, RSMo, until the minor child graduates or reaches eighteen years of age. The court order shall be filed with the circuit clerk for the county where the petitioner resides.

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