Fiscal Note - SB 0225 - Revises Missouri Statutes Regarding An Adoption Law
L.R. NO. 0278-07
BILL NO. Perfected SS for SCS for SB's 225 & 3
SUBJECT: Adoption
TYPE: Original
DATE: April 22, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue ($4,785) ($4,785) ($4,785)
Total Estimated
Net Effect on All
State Funds ($4,785) ($4,785) ($4,785)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
The Attorney General (AGO), Department of Social Services (DOS) and Office of
Prosecution Services (OPS) do not expect to be fiscally impacted.
The State Public Defender (SPD) would anticipate a minimal fiscal impact from
this proposal.
The Office of State Courts Administrator (CTS) does not expect this proposal
to significantly increase its' workload. Oversight assumes the fiscal impact
would be zero.
The Department of Corrections (DOC) assumes that this proposal could result
in some fiscal impact, but the impact would be minimal. DOC cannot predict
the number of new commitments which could result from the offense(s)
outlined. The increase would be dependent upon utilization by the
prosecutors and the actual sentences imposed by the courts. If additional
persons were sentenced to DOC's custody incarceration costs would be $29.16
per inmate per day. Costs for supervision through the Board of Probation and
Parole would be $2.50 per offender per day. Oversight assumes that any
increase would be absorbed with existing resources.
The Department of Health (DOH) expects costs to be incurred as a result of
the required forms for the putative father registry and public service
announcements. DOH anticipates printing 100,000 forms at $.04 per form for
costs of $4,000. Printing and postage associated with the public service
announcements would be $192, while production and distribution of the radio
public service announcements would be $593. Total costs would be $4,785
annually.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE
Costs-Department of Health (DOH)
Forms/Public Service Announcements ($4,785) ($4,785) ($4,785)
NET EFFECT ON GENERAL
REVENUE FUND ($4,785) ($4,785) ($4,785)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
This proposal would not have a direct fiscal impact on small businesses.
DESCRIPTION
The proposal would change adoption laws. The primary changes would be as
follows:
- The notice of intent to claim paternity would require the filing of the
acknowledgement affidavit form developed by the state registrar.
- DOH would be required to prepare paternity registration forms and search
applications; produce and distribute a pamphlet or publication concerning the
putative father registry; and provide information to the public through
public service announcements or other means.
- Procedures would be established for preparing a birth certificate for an
adoptive child.
- The Division of Family Services would be required to expand its child
protection system from five to eight areas.
- The prosecuting attorney of the county where a foster home, residential
care facility or child placing agency is located or DFS could file suit for a
violation of sections 210.481 to 210.536, requesting injunctive relief, with
the order remaining in effect until the court determines compliance.
- The written consent required of the parent prior to termination of parental
would be valid only after the child is at least 48 hours old and if in
compliance with the requirements of section 453.030, RSMo.
- If a child is borne as a result of forcible rape and the biological father
has pled guilty to or is convicted of rape, the plea or the conviction would
be conclusive evidence supporting the termination of the father's parental
rights.
- Reasons for terminating parental rights would be expanded.
- The Division of Family Services and all persons involved in the adoptive
placement of a child would diligently recruit potential adoptive homes which
reflect the ethnic and racial diversity of children.
-Conditions would be established for adopting a child if the person being
adopted is not under the prior and continuing jurisdiction of a court
pursuant to chapter 211.
- Persons placing children for adoption would be required to comply with the
rules and regulations promulgated by the Department of Social Services (DOS)
and DOH.
- The court would be required to appoint an attorney for a birth parent if
the court finds that the birth parent is unable to afford an attorney as well
as order the prospective adoptive parents to pay the costs of the attorney
fees.
- The individual placing a child would be required to provide a written
report regarding the child to the court, guardian ad litem and the
prospective adoptive parent.
- Written consent would be required from the person being adopted if the
person is fourteen or older.
- Written consent would be required from certain individuals, as outlined,
when the person being adopted is under the age of eighteen.
- The written consent would be executed before a judge or a notary public and
witnessed by, at least, two adult persons who are present at the execution;
certify that the consent is knowingly and freely given; and are not the
prospective adoptive parents.
- The written consent would be valid even if the parent consenting was under
eighteen years of age as long as represented by a guardian ad litem.
- The court could appoint an attorney to represent a birth parent under
certain conditions with the attorney fees being paid by the prospective
adoptive parents.
- Consent of certain individuals, as outlined, would be required prior to an
adoption being finalized.
- Expands the list of who a writ of summons and copy of the petition could be
served on.
- No decree for adoption would be issued until a full investigation including
a favorable assessment and the written evaluation of the child, appropriate
post-placement evaluation and summary are completed. A licensed child
placement agency or a licensed social worker could perform the investigation
as well.
- A foster parent caring for a child for twelve instead of eighteen
continuous months and bonding is exhibited could apply to adopt the child.
- An accounting of any money would be required of the petitioner and include
the items listed in the proposal.
- A post placement would be provided to the court after the required six
month placement period.
- The court would conduct a hearing to determine whether the adoption should
be finalized. If satisfied, a decree would be issued and could include an
order to change the name of the person being adopted.
- The exchange of information pertaining to the parties could not be
prohibited by the court.
- An order transferring custody would not be required if the placement is
made by a licensed child placing agency, DFS or the petitioner if the
stepparent or guardian. Transfer orders would be entered only if the
conditions outlined in the proposal have been met.
- If a surrender or transfer is made without a court order, the court would
be required, upon petition by any public official or interested person,
agency, organization or institution, order DFS to investigate and report as
described in section 453.070. The order would be in the best interest of the
child. A violation would be a class D felony.
- A person could not be prohibited from placing a child in a relative home as
long as the person retains the right to supervise care and plans to resume
custody, or from using a licensed foster home as part of a pre-adoption
placement.
- Missouri would be required to recognize adoptions by other states and
foreign countries.
- The crime of trafficking in children would not occur if the money,
consideration or thing of value or conduct is permitted under chapter 453,
RSMo, relating to adoption.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Health
Department of Social Services
Office of Prosecution Services
Office of State Courts Administrator
Department of Corrections
State Public Defender
Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.