SS/SCS/SB 225 & 3 - This act makes numerous changes to Missouri's adoption laws.

The Division of Family Services shall recruit homes that reflect the diversity of children in need of a home. The racial, ethnic and cultural background of the child as well as the ability of the adoptive parents to provide for a child with such a background shall be used as factors in determining whether the placement is in the child's best interest. No placement shall be delayed or denied solely on the basis of race, color or national origin. This portion of the act is based upon the Multiethnic Placement Act (MEPA).

The act requires putative fathers to provide the Department of Health's Putative Fathers Registry with information, on a form developed by the State Registrar, which shall include the minimum requirements set by the Secretary of the U.S. Department of Health and Human Services. It also provides that any person filing a notice of intent to claim paternity must notify the registry of a change of address.

The Department of Health will be required: (1) to prepare forms for registration of paternity and an application for the search of the putative father registry; (2) to produce and distribute a pamphlet about the putative father registry and to publicize its existence; and (3) to provide information to the public at large by way of public service announcements or other ways to deliver information to the public about the putative father registry and its services.

This act specifies the necessary proof of adoption in a foreign adoption which must be provided to obtain a birth certificate from the Department of Health and to have an adoption recognized by the Missouri Courts. Such proof of adoption includes a copy of the original birth certificate and adoption decrees, an English translation and a copy of the approval of the immigration of the adopted person by the U.S. government.

The act also provides that the Prosecuting Attorney or the Director of the Division of Family Services may file suit against a foster home, residential care facility or child placing agency for statute violations and may request injunctive relief, including removal of the children from the facility overseeing the operation of such facility or closing the facility.

The Juvenile Court may, upon petition of the juvenile officer, or the court before which a petition for adoption has been filed, if the court finds that the termination is in the best interests of the child and the parent has consented in writing. The written consent shall be witnessed by at least two adult person at the time of execution of the consent. The two witness shall not be the prospective parents. The notary public or witnesses shall determine and certify that the consent was knowingly and freely given. The consent shall be valid and effective only after the child is at least 48 hours old and if the written consent complies with all other requirements.

The Juvenile Court may also terminate parental rights if it determines: (1) the child as been abandoned; (2) the child has been abused or neglected; (3) the child has been under the jurisdiction of the juvenile court for a period of one year and the conditions which led to such control over the child still exist; (4) the parent has been found guilty or pled guilty to a felony violation of Chapter 566, RSMo, when the child or any child in the family was a victim; (5) if the child was conceived and born as a result of an act of forcible rape. When the biological father has pled guilty to or is convicted of the forcible rape of the birth mother; (6) the parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing abuses as defined in section 455.010 RSMo, including but not limited to spousal abuse, child abuse or drug abuse before the child.

The Division of Family Services shall recruit homes that reflect the diversity of children in need of a home. The racial, ethnic and cultural background of the child as well as the ability of the adoptive parents to provide for a child with such a background shall be used as factors in determining whether the placement is in the child's best interest. No placement may be delayed or denied solely on the basis of race, color or national origin. This portion of the act is based upon the Multiethnic Placement Act (MEPA).

The act provides where a petition for adoption may be filed in situations where the person to be adopted is not in the prior and continuing jurisdiction of the court and where the petition for adoption may be filed when the person to be adopted is in the prior and continuing jurisdiction of the court.

Any birth parent who can't afford an attorney may have an attorney appointed by the court in cases when an adoption petition is filed by an adoptive parent on grounds provided in section 211.447 of this act. The consent form must specify that the birth parent understands the importance of identifying all possible fathers and shall provide the names of such persons unless the mother has good cause as to why she should not name such persons. The court shall determine if the good cause reason is justifiable.

The written consent shall be executed in front of a judge, or witnessed by a notary public or at least two adult person at the time of execution of the consent. The two witness shall not be the prospective parents. The notary public or witnesses shall determine and certify that the consent was knowingly and freely given. The court may order the costs of the attorneys fees to be paid by the prospective parent. The consent may be withdrawn anytime until it has been reviewed and accepted by the Judge.

The person placing the child for adoption should provide the court, the guardian ad litem and the prospective adoptive parent with a written report regarding the child. The Department of Social Services shall promulgate rules and regulations regarding all written information that shall be included in the written report.

The act specifies who is required to consent to the adoption of a child, the procedure to obtain the consent and the content of the consent form. The consent may be withdrawn at any time until it is reviewed, accepted and signed by the judge. The act also specifies who is not required to consent to the adoption of the child.

The act specifies that the Division of Family Services or any agency placing the child shall conduct an investigation and file a written assessment report of the petitioner(s) for adoption. The written assessment report shall include: an assessment of the adoptive parents, an appropriate post-placement evaluation and a summary of written reports, 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 court shall require the petitioner in any proceeding for adoption to file, at the time of filing the petition, an itemized billing statement for: (1) hospital, medical and physician expenses incurred by the mother or a child in connection with the birth and any illness of the newborn child; (2) counseling services for a parent or a child for a reasonable time before and after the child's placement for adoption; (3) reasonable living expenses of the mother for a reasonable time before the birth of the child and for no more than six weeks after the birth; (4) expenses incurred in obtaining a preplacement assessment an an evaluation during the proceeding for adoption; (5) reasonable legal expenses, court costs and travel or other administrative expenses connected with an adoption; and (6) any other services the court finds is reasonably necessary.

Any adult person or persons over the age of eighteen, who as foster parent(s), have cared for a foster child continuously for a period of twelve months or more and where emotional and physical bonding has occurred between the child and the adult may apply to the placing agency for placement of such child with them for the purpose of adoption.

The act details criteria which the court must use to determine if custody should be transferred or an adoption should be finalized, but denies the court jurisdiction to deny an exchange of identifying information between an adoptive parent and a birth parent before the completion of the adoption. After the completion of an adoption, further contact among the parties shall be at the discretion of the adoptive parents.

The court may order the Division of Family Services to investigate violations of the laws pertaining to adoption.
CHERYL GRAZIER