SB 0505 - Fiscal Note

Fiscal Note - SB 0505 - Creates Uniform Child Custody Jurisdiction and Enforcement Act

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 1932-01

BILL NO.: SB 505

SUBJECT: Revises the Uniform Child Custody Jurisdiction Act

TYPE: Original

DATE: March 22, 1999

---

FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
General Revenue	(Unknown)	(Unknown)	(Unknown)
Total Estimated Net Effect on All State Funds*	(Unknown)	(Unknown)	(Unknown)

* Unknown costs expected to exceed $100,000 annually.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Social Services and Missouri Police Chiefs Association assume that this proposal will not fiscally affect their agencies.

Officials from Cooper County Prosecuting Attorney's Office assume that this proposal will not fiscally affect their agency. Oversight will assume this proposal will not affect the local prosecuting attorneys.

Officials from the Office of State Courts Administrator (OSCA) stated that because of problems with interpretation of this proposal, the ramifications of possible adoption by Missouri only, and the subsequent differences between Missouri law and that of other states, the OSCA is unable to provide a cost estimate.

The OSCA also stated the language of the statute would open these cases up to consideration of visitation issues. This could result in a significant workload increase for the courts and a significant fiscal impact. The OSCA can not provide an estimate of this fiscal impact.

Oversight assumes that the duties for the court system will increase should this proposal be enacted. The fiscal impact cannot be exactly determined based on the information supplied by the OSCA. However, Oversight assumes the unknown cost of this proposal is expected to be in excess of $100,000 annually. This unknown affect is chargeable to the General Revenue Fund.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
GENERAL REVENUE FUND
Costs - State Courts System
Personnel Costs, Communication Expenses,
Investigative Expenses, Witness Expenses,
Travel Expenses, and Child Care Expenses	(Unknown)	(Unknown)	(Unknown)
ESTIMATED NET
EFFECT ON
GENERAL REVENUE FUND*	(Unknown)	(Unknown)	(Unknown)
* Unknown costs expected to exceed $100,000 annually.
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal repeals Missouri's Uniform Child Custody Jurisdiction Act and adopts the current version of the Uniform Child Custody Jurisdiction and Enforcement Act. The proposal does not govern adoption proceedings, proceedings pertaining to the authorization of emergency medical care for a child, or proceedings governed by the Indian Child Welfare Act. Courts are required to treat a foreign country as a state of the United States for purposes of applying the Uniform Child Custody Jurisdiction and Enforcement Act, except where the child custody law of the foreign country violates fundamental human rights principles.

The proposal gives limited immunity from service of process to parties participating in proceedings under the act who otherwise are not subject to personal jurisdiction in this state.

Any court of this state that has made a child custody determination pursuant to the proposal exclusive continuing jurisdiction over the determination under certain conditions, and the court is granted temporary emergency jurisdiction to make a child custody determination regarding a child present in this state when such a determination is necessary due to abandonment or abuse.

The proposal itemizes relevant factors which a court may consider before making a determination whether it is an inconvenient forum.

In the enforcement provisions, the proposal enforces child custody determinations and orders for the return of a child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The proposal also authorizes a court of this state without modification jurisdiction to temporarily enforce visitation ordered by a court in another state, and authorizes registration of a child custody determination issued by a court in another state in the same manner as foreign judgments are registered. Information which must be included in a petition for enforcement of a child custody determination is specified in the act, as well as the procedure for acting upon the child custody determination enforcement petition.

DESCRIPTION (continued)

The proposal authorizes the issuance of a warrant to take physical custody of a child likely to suffer serious imminent physical harm or removal from this state, and requires payment of the prevailing party's costs and expenses by the non-prevailing party. The proposal does not apply retroactively to motions or other requests for relief initiated before August 28, 1999.

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 Social Services

Office of State Courts Administrator

Cooper County Prosecuting Attorney

Missouri Police Chiefs Association

NOT RESPONDING: Office of Attorney General, Missouri Sheriffs Association, Boone County Prosecuting Attorney, Jackson County Prosecuting Attorney, St. Louis City Attorney, and Greene County Prosecuting Attorney

Jeanne Jarrett, CPA

Director

March 22, 1999