- Committee -

SCS/SB 771 & 687 - 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.

JOHN MESSMER