SB 225 - This act makes many changes to Missouri's adoption laws.
The act requires putative fathers to provide the Department of Health's Putative Fathers Registry with the 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 to prepare: (1) forms for registration of paternity; (2) an application for the search of the putative father registry; and (3) produce and distribute a pamphlet about the putative father registry and to publicize its existence.
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 terminate parental rights if: (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 exists.
The act specifies 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 court may order the costs of the attorneys fees to be paid by the prospective parent.
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 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; (6) any other services the court finds is reasonably necessary.
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