SCS/HB 1822 - This act changes Missouri adoption law in order to meet federal mandates. It also takes steps to expand the rights of parents, grandparents, and foster parents.

DEPARTMENT OF HEALTH AND DIVISION OF FAMILY SERVICES - Whenever an authorized agency or court requests the names and addresses of men on the putative father registry, the Department must provide information within 24 hours. Currently, the Department is under no time constraint. The Division of Family Services is given greater freedom to take the necessary steps to find permanent placement for children. Children of abusive, dangerous, and negligent parents may be subject to a permanency hearing within 30 days of a court's determination. The Division shall complete whatever steps are necessary to finalize the permanent placement of the child within that 30 day period.

FOSTER PARENTS, LEGAL GUARDIANS, AND PRE-ADOPTIVE PARENTS A foster parent or legal custodian of a child may file a petition with the court for transfer and termination of parental rights. Such rights are currently not available. Current foster parents or other legal custodians are given the right to testify at all hearings regarding the child. Currently, no such right is available.

BIRTH PARENTS - Requires the consent of the father before an adoption can be approved. If the father's paternity is in question, he must file with the putative father registry no later than 15 days after the birth of the child in order to retain these rights. Both parents shall have the right to legal representation and payment of any reasonable legal fees incurred throughout the adoption process.

GRANDPARENTS - Visitation rights for grandparents are expanded to include times when the child is adopted by a stepparent, another grandparent, or other blood relative.

ATTORNEYS AND THE COURTS - Attorneys representing a party in the adoption process cannot act as witnesses in the proceedings. Written consent required for an adoption must be reviewed and approved by the court within 72 hours. Currently, the courts are merely required to review the consent "as soon as practicable". Assessments of prospective adoptive parents no longer need to be submitted at least ten days prior to the scheduled hearing of the adoptive petition. During hearings to determine whether an adoption shall be finalized, the courts are no longer required to ascertain whether allegations within adoption petitions are true. Birth parents may place a child for adoption with a licensed child placement agency or any suitable party for up to one year. Children cannot be placed with prospective adoptive parents without a court order. Current law requires court orders for all child placements. Exemptions are given as to when petitions to terminate parental rights must be filed with the court. Children are not to be considered neglected if they are in the care of a relative. Furthermore, if such a petition is deemed to be not in the best interests of the child, such a petition is not required.

This act also revises various child custody, visitation and support laws.

Relevant factors for the court to consider in determining child support orders include the amount of time a child spends with each parent and the reasonable expenses associated with custody arrangements. Court may order alternate dispute resolution (ADR) or court hearing for disposition of unresolved custody and visitation issues, except for good cause shown.

The court shall award custody in light of the best interest of the child. Custody preferences are to be considered in following order (except where no custody issues in dispute): joint physical and legal custody to both parents; joint legal custody with one party named primary physical custodian; joint physical custody with one party granted physical custody; sole legal and physical custody; third party award. The burden is on the parent opposing custody arrangement. If requested by a party, the court must make written finding of reasons preferred custodial arrangement is denied and reasons why arrangement chosen is in child's best interests. Any joint custody plan approved shall be in the best interests of the child.

In any relocation, a party must first provide all other parties with custody or visitation rights at least 60 days written notice by certified mail, absent exigent circumstances; contents of notice enumerated. A person seeking relocation has the burden of showing the move is made in good faith and in the best interest of the child.

The court is to specify visitation rights. The court is to make findings if requested by party when there is a history of domestic violence. The court shall not grant custody to parent who has been found guilty of or pled guilty to an offense committed in another state, when the child is the victim, that would be a felony violation of Chapter 566, RSMo, or Section 568.020, RSMo, if committed in this state.

Circuit courts to establish program of educational sessions by local rule. Educational sessions shall be ordered, except for good cause shown, which is defined. Penalties that apply to child support also apply to denial or interference with visitation or custody, except for passport revocation. Penalties must be imposed by a court. The Division of Child Support Enforcement shall not have jurisdiction.

The act expands the child protection system established by the Division of Family Services from eight areas of the state to the entire state.

Provisions in this act are similar to those found in HB1556, HB1489, SB910, and SB771.
JOHN MESSMER