HCS/SB 739 - This act modifies provisions relating to administrative child support orders and the Sentencing Advisory Commission.ADMINISTRATIVE CHILD SUPPORT ORDERS - This act grants the authority to administrative hearing officers from the Department of Social Services to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. Such authority to set aside or correct decisions, orders or modifications must be done after written notice and an opportunity to respond to all parties. The act specifies the conditions and time frame under which the corrections can be made due to oversights and omissions or errors arising from mistake, fraud, surprise, misrepresentation, excusable neglect or inadvertence.
In cases of lack of jurisdiction, the hearing officer may, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division, vacate the administrative order or proposed administrative modification of a judicial order if it is found the order, decision or modification was without subject matter or personal jurisdiction or due process and the order, decision or modification had not been filed with the court. No order, decision or modification may be vacated after 90 days from the mailing of the administrative decision, order, or proposed modification of a judicial order.
This act also specifies however, that no corrections shall be made during the court's review of the applicable administrative decision, order or proposed order as authorized under the judicial review procedures for such administrative decisions under Chapter 536, RSMo. SECTION 454.475
SENTENCING ADVISORY COMMISSION
(Section 558.019; HCS/HB 1515, HB 1817)
The requirement that the Sentencing Advisory Commission biannually distribute its sentencing recommendations is eliminated. The commission is prohibited from making recommended sentences for specific cases pending in the courts. SECTION 558.019
This provision is identical to a provision in CCS/HCS/SB 628 (2012), HCS/HB 1515 (2012) and HCS/HB 1256 (2012) and identical to HB 1817 (2012).
ADRIANE CROUSE
HA 1 - REQUIRES THE CHILD TO BE ADOPTED TO HAVE RESIDED IN THE COUNTY FOR AT LEAST 90 DAYS PRIOR TO THE FILING OF THE ADOPTION PETITION.
HA 2 - REGARDING CONSENT OR WAIVER OF CONSENT FOR TERMINATION OF PARENTAL RIGHTS AND AUTHORIZES POST ADOPTION CONTRACT AGREEMENTS.
HA 3 - REQUIRES THE ST. LOUIS CITY CIRCUIT CLERK BE APPOINTED BY A MAJORITY OF THE JUDGES IN THAT CIRCUIT.
HA 4 - ESTABLISHES THE CUSTODY AND VISITATION RIGHTS OF A DEPLOYING MILITARY PARENT.
HA 5 - REQUIRES THAT THE DATE SERVICES FOR REMUNERATION WERE FIRST PERFORMED BY A NEWLY-HIRED EMPLOYEE BE INCLUDED ON THE EMPLOYEE'S WITHHOLDING FORM.