To repeal sections 453.005 and 453.070, RSMo 1994, relating to adoption and foster care, and to enact in lieu thereof two new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 453.005 and 453.070, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as sections 453.005 and 453.070, to read as follows:

     453.005. 1. The provisions of sections [453.010] 453.005 to 453.400 shall be construed so as to promote the best interests and welfare of the child in recognition of the entitlement of the child to a permanent and stable home.

     2. The division of family services, courts and all persons involved in the adoptive placement of children shall provide for the diligent recruitment of potential adoptive homes that reflect the ethnic and racial diversity of children in the state for whom adoptive homes are needed.

     3. In the selection of an adoptive home, consideration shall be given to both a child's cultural, racial and ethnic background and the capacity of the adoptive parents to meet the needs of a child of a specific background, as one of a number of factors used in determining whether a placement is in the child's best interests. This factor must, however, be applied on an individualized basis, not by general rules.

     4. Placement of a child in an adoptive home may not be delayed or denied solely on the basis of race, color or national origin.

     453.070. 1. Except as provided in subsection 3 of this section, no decree for the adoption of a minor child under eighteen years of age shall be entered nor shall transfer of custody of such a child to the petitioner or petitioners in such adoption petition be ordered by the juvenile court having jurisdiction, until a full investigation has been made. A report of the findings of the investigation shall include the physical, mental, racial, and ethnic conditions and antecedents of the child and any other pertinent information relevant to whether the child is suitable for adoption by the petitioner and whether the petitioner is suitable as a parent for the child. The report shall also include a statement to the effect that, as a result of one or more conditions or antecedents, the child should be considered as a potential subsidy recipient.

     2. Such investigation shall be made, as directed by the court having jurisdiction, either by the division of family services of the state department of social services, or any agency, organization or institution, one of the purposes of which is the care and placement of children in family homes, or a juvenile court officer, or other suitable person appointed by the court. The results of such investigation shall be embodied in a written report that shall be submitted to the court within ninety days of the request for the investigation.

     3. In cases where the adoption or custody involves a minor child under eighteen years of age that is the natural child of one of the petitioners and in cases where all of the parents required by this chapter to give consent to the adoption or transfer of custody have given such consent, the juvenile court may waive the investigation and report and enter the decree for the adoption or order the transfer of custody without such investigation and report.

     4. In the case of an investigation and report made by the division of family services by order of the court, the court may order the payment of a reasonable fee by the petitioner to cover the costs of the investigation and report.

     5. Any adult person or persons over the age of eighteen, who, as foster parent or parents, have cared for a foster child [continuously for a period of eighteen months or more] and bonding has occurred as evidenced by the positive emotional and physical interaction between the foster parent and child, may apply to such authorized agency for the placement of such child with them for the purpose of adoption[, and] if the child is eligible for adoption[,]. The agency and court shall give preference and first consideration for [adoption] adoptive placements to foster parents. However, the final determination of the propriety of the adoption of such foster child shall be within the sole discretion of the court.