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MissourAdoption Statute and Law
Missouri Revised Statutes
Chapter 453:
Adoption and Foster Care
Sections 005-170, 315-325, 400, 500-503, and 600
(This page was last updated on 09/10/13.)
453.005. 1. Construction of sections 453.010 to 453.400--ethnic and racial diversity considerations. The provisions of sections 453.005 to 453.400 shall be construed so as to promote the best interests and welfare of the child in recognition
of the entitlement of the child to a permanent and stable home.
2. The division of family services and all persons involved in the adoptive placement of children as provided in subdivisions (1), (2) and (4) of section
453.014 shall provide for the diligent recruitment of potential adoptive homes that reflect the ethnic and racial diversity of children in the state for
whom adoptive homes are needed.
3. Placement of a child in an adoptive home may not be delayed or denied on the basis of race, color or national origin.
453.010. 1. Petition for permission to adopt, venue, jurisdiction--no denial or delay in placement of child based on residence or domicile--expedited placement,
when. Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court of the county in which:
(1) The person seeking to adopt resides;
(2) The child sought to be adopted was born;
(3) The child is located at the time of the filing of the petition; or
(4) Either birth person resides.
2. A petition to adopt shall not be dismissed or denied on the grounds that the petitioner is not domiciled or does not reside in any of the venues set
forth in subdivision (2), (3) or (4) of subsection 1 of this section.
3. If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211,
RSMo, any person desiring to adopt such person as his or her child shall petition the juvenile division of the circuit court which has jurisdiction over
the child for permission to adopt such person as his or her child. Upon receipt of a motion from the petitioner and consent of the receiving court, the
juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within
any of the alternative venues set forth in subsection 1 of this section.
4. If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be
by them jointly. If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is
not complied with may dismiss the petition.
5. Upon receipt of a properly filed petition, a court, as defined in this section, shall hear such petition in a timely fashion. A court or any child-placing
agency shall not deny or delay the placement of a child for adoption when an approved family is available, regardless of the approved family's residence
or domicile. The court shall expedite the placement of a child for adoption pursuant to subsection 3 of this section.
6. A licensed child-placing agency may file a petition for transfer of custody if a birth parent consents in writing by power of attorney for placement of a minor child, a consent to adoption, or any other document which evidences a desire to place the child with the licensed child-placing agency for the purposes of transfer of custody of the child to the licensed child-placing agency. The written
consent obtained from the birth parent shall strictly comply with section 453.030.
453.011. 1. Expediting termination of parental rights and contested adoption cases. In all cases in which the termination of parental rights or adoption of a child is contested by any person or agency, the trial court shall,
consistent with due process, expedite the contested termination or adoption proceeding by entering such scheduling orders as are necessary to ensure that
the case is not delayed, and such case shall be given priority in setting a final hearing of the proceeding and shall be heard at the earliest possible
date over other civil litigation, other than division of family services' child protection cases.
2. In all cases as specified in subsection 1 of this section which are appealed from the decision of a trial court:
(1) The transcript from the prior court proceeding shall be provided to the appellate court no later than thirty days from the date the appeal is filed;
and
(2) The appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling
orders as are necessary to ensure that a ruling will be entered within thirty days of the close of oral arguments, and such case shall be given priority
over all other civil litigation, other than division of family services' child protection cases, in reaching a determination on the status of the termination
of parental rights or of the adoption; and
(3) In no event shall the court permit more than one request for an extension by either party.
3. It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding, a placement proceeding, or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given
priority over all other civil litigation other than children's division child protection cases.
453.012. Requirements for adoption effective for petitions filed on or after August 28, 1997. The provisions of sections 192.016, 193.125, 210.109, 210.491, 211.444, and 211.447, RSMo, sections* 453.005, 453.010, 453.014, 453.015, 453.025,
453.026, 453.030, 453.040, 453.060, 453.065, 453.070, 453.073, 453.075, 453.077, 453.080, 453.110, 453.112, and 453.170 and section** 568.175, RSMo, shall
apply to petitions for adoption filed on or after August 28, 1997.
453.014. 1. Who may place minor for adoption--rules and regulations, authority. The following persons may place a minor for adoption:
(1) The division of family services of the department of social services;
(2) A child placing agency licensed pursuant to sections 210.481 to 210.536, RSMo;
(3) The child's parents, without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree;
(4) An intermediary, which shall include an attorney licensed pursuant to chapter 484, RSMo; a physician licensed pursuant to chapter 334, RSMo; or a
clergyman of the parents.
2. All persons granted the authority to place a minor child for adoption as designated in subdivision (1), (2) or (4) of subsection* 1 of this section
shall comply with the rules and regulations promulgated by the department of social services and the department of health and senior services for such placement.
3. The department of social services, division of family services and the department of health and senior services shall promulgate rules and regulations
regarding the placement of a minor for adoption.
4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo.
453.015. Definitions. As used in sections 453.010 to 453.400, the following terms mean:
(1) "Minor" or "child", any person who has not attained the age of eighteen years or any person in the custody of the division of
family services who has not attained the age of twenty-one;
(2) "Parent", a birth parent or parents of a child, including the putative father of the child, as well as the husband of a birth mother at
the time the child was conceived, or a parent or parents of a child by adoption. The putative father shall have no legal relationship unless he has acknowledged
the child as his own by affirmatively asserting his paternity;
(3) "Putative father", the alleged or presumed father of a child including a person who has filed a notice of intent to claim paternity with
the putative father registry established in section 192.016, RSMo, and a person who has filed a voluntary acknowledgment of paternity pursuant to section
193.087, RSMo; and
(4) "Stepparent", the spouse of a biological or adoptive parent. The term does not include the state if the child is a ward of the state. The
term does not include a person whose parental rights have been terminated.
453.020. 1. Petition--guardian ad litem appointed--fee, deposit in putative father registry fund. The petition for adoption shall state:
(1) The name, sex and place of birth of the person sought to be adopted;
(2) The name of his parents, if known to the petitioner;
(3) If the person sought to be adopted is a minor, the fact that petitioner has the ability to properly care for, maintain and educate such person; and
(4) If it is desired to change the name of such person, the new name.
2. The petition for adoption shall include payment of a fifty dollar filing fee which shall be used to fund the putative father registry established
pursuant to section 192.016.
3. All fees provided for in this section shall be deposited in the putative father registry fund. Notwithstanding the provisions of section 33.080, RSMo,
to the contrary, money in the fund shall not be transferred and placed to the credit of general revenue at the end of the biennium, but shall be used upon
appropriation by the general assembly for the purpose of carrying out the provisions of this chapter.
453.025. 1. Appointment of guardian ad litem, when--fee--duties of guardian ad litem. The court shall, in all cases where the person sought to be adopted is under eighteen years of age, appoint a guardian ad litem, if not previously
appointed pursuant to section 210.160, RSMo, to represent the person sought to be adopted.
2. When the parent is a minor or incompetent, the court shall appoint a guardian ad litem to represent such parent.
3. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees
as a judgment to be paid by any party to the proceedings or from public funds. Such an award of guardian fees shall constitute a final judgment in favor
of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.
4. The guardian ad litem shall:
(1) Be the legal advocate for the best interest of the party he is appointed to represent with the power and authority to cross-examine, subpoena witnesses,
and offer testimony;
(2) Initiate an appeal of any disposition that he determines to be adverse to the interests of the party he represents; and
(3) Ascertain the child's wishes, feelings and attitudes regarding the adoption by interviewing persons with knowledge of the child, and if appropriate,
to meet with the child.
453.026. 1. Written report to be furnished to prospective adoptive parent, court and guardian ad litem, when. As early as is practical before a prospective adoptive parent accepts physical custody of a child, the person placing the child for adoption,
as authorized by section 453.014, shall furnish to the court, the guardian ad litem and the prospective adoptive parent a written report regarding the child.
2. The person placing the child shall not be held liable for incorrect information as provided by others or unintentional errors when making the written
report.
3. The department of social services, division of family services shall promulgate rules and regulations regarding all written information that shall
be furnished to the court, the guardian ad litem and the prospective adoptive parent.
4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the
provisions of section 536.024.
453.030. 1. Approval of court required--how obtained, consent of child and parent required, when--validity of consent--withdrawal of consent--forms, developed by
department, contents--court appointment of attorney, when. In all cases the approval of the court of the adoption shall be required and such approval shall be given or withheld as the welfare of the
person sought to be adopted may, in the opinion of the court, demand.
2. The written consent of the person to be adopted shall be required in all cases where the person sought to be adopted is fourteen years of age or older,
except where the court finds that such child has not sufficient mental capacity to give the same.
3. With the exceptions specifically enumerated in section 453.040, when the person sought to be adopted is under the age of eighteen years, the written
consent of the following persons shall be required and filed in and made a part of the files and record of the proceeding:
(1) The mother of the child; and
(2) Only the man who:
(a) Is presumed to be the father pursuant to the subdivision (1), (2), or (3) of subsection 1 of section 210.822, RSMo; or
(b) Has filed an action to establish his paternity in a court of competent jurisdiction no later than fifteen days after the birth of the child and has
served a copy of the petition on the mother in accordance with section 506.100, RSMo; or
(c) Filed with the putative father registry pursuant to section 192.016, RSMo, a notice of intent to claim paternity or an acknowledgment of paternity
either prior to or within fifteen days after the child's birth, and has filed an action to establish his paternity in a court of competent jurisdiction
no later than fifteen days after the birth of the child; or
(3) The child's current adoptive parents or other legally recognized mother and father.
Upon request by the petitioner and within one business day of such request, the clerk of the local court shall verify whether such written consents have
been filed with the court.
4. The written consent required in subdivisions (2) and (3) of subsection 3 of this section may be executed before or after the commencement of the adoption
proceedings, and shall be acknowledged before a notary public. In lieu of such acknowledgment, the signature of the person giving such written consent shall
be witnessed by the signatures of at least two adult persons whose signatures and addresses shall be plainly written thereon. The two adult witnesses shall
not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding. The notary public or witnesses shall verify the
identity of the party signing the consent.
5. The written consent required in subdivision (1) of subsection 3 of this section by the birth parent shall not be executed anytime before the child
is forty-eight hours old. Such written consent shall be executed in front of a judge or a notary public. In lieu of such acknowledgment, the signature of
the person giving such written consent shall be witnessed by the signatures of at least two adult persons who are present at the execution whose signatures
and addresses shall be plainly written thereon and who determine and certify that the consent is knowingly and freely given. The two adult witnesses shall
not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding. The notary public or witnesses shall verify the
identity of the party signing the consent.
6. The written consents shall be reviewed and, if found to be in compliance with this section, approved by the court within three business days of such
consents being presented to the court. Upon review, in lieu of approving the consent within three business days, the court may set a date for a prompt evidentiary
hearing upon notice to the parties. Failure to review and approve the written consent within three business days shall not void the consent, but a party
may seek a writ of mandamus from the appropriate court, unless an evidentiary hearing has been set by the court pursuant to this subsection.
7. The written consent required in subsection 3 of this section may be withdrawn anytime until it has been reviewed and accepted by a judge.
8. A consent form shall be developed through rules and regulations promulgated by the department of social services. No rule or portion of a rule promulgated
under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. If a written
consent is obtained after August 28, 1997, but prior to the development of a consent form by the department and the written consent complies with the provisions
of subsection 9 of this section, such written consent shall be deemed valid.
9. However, the consent form must specify that:
(1) The birth parent understands the importance of identifying all possible fathers of the child and may provide the names of all such persons; and
(2) The birth parent understands that if he denies paternity, but consents to the adoption, he waives any future interest in the child.
10. The written consent to adoption required by subsection 3 and executed through procedures set forth in subsection 5 of this section shall be valid
and effective even though the parent consenting was under eighteen years of age, if such parent was represented by a guardian ad litem, at the time of the
execution thereof.
11. Where the person sought to be adopted is eighteen years of age or older, his written consent alone to his adoption shall be sufficient.
12. A birth parent, including a birth parent less than eighteen years of age, shall have the right to legal representation and payment of any reasonable
legal fees incurred throughout the adoption process. In addition, the court may appoint an attorney to represent a birth parent if:
(1) A birth parent requests representation;
(2) The court finds that hiring an attorney to represent such birth parent would cause a financial hardship for the birth parent; and
(3) The birth parent is not already represented by counsel.
13. Except in cases where the court determines that the adoptive parents are unable to pay reasonable attorney fees and appoints pro bono counsel for
the birth parents, the court shall order the costs of the attorney fees incurred pursuant to subsection 12 of this section to be paid by the prospective
adoptive parents or the child-placing agency.
453.040. Consent of parents not required, when. The consent to the adoption of a child is not required of:
(1) A parent whose rights with reference to the child have been terminated pursuant to law, including section 211.444, RSMo, or section 211.447, RSMo,
or other similar laws in other states;
(2) A parent of a child who has legally consented to a future adoption of the child;
(3) A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition;
(4) A man who has not been established to be the father and who is not presumed by law to be the father, and who, after the conception of the child,
executes a verified statement denying paternity and disclaiming any interest in the child and acknowledging that this statement is irrevocable when executed
and follows the consent as set forth in section 453.030;
(5) A parent or other person who has not executed a consent and who, after proper service of process, fails to file an answer or make an appearance in
a proceeding for adoption or for termination of parental rights at the time such cause is heard;
(6) A parent who has a mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that
the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;
(7) A parent who has for a period of at least six months, for a child one year of age or older, or at least sixty days, for a child under one year of
age, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least six months immediately prior
to the filing of the petition for adoption, willfully, substantially and continuously neglected to provide him with necessary care and protection;
(8) A parent whose rights to the child may be terminated for any of the grounds set forth in section 211.447, RSMo, and whose rights have been terminated
after hearing and proof of such grounds as required by sections 211.442 to 211.487, RSMo. Such petition for termination may be filed as a count in an adoption
petition.
453.050. 1. Waiving of necessity of consent, when permitted--how executed. The juvenile court may, upon application, permit a parent to waive the necessity of his consent to a future adoption of the child. However,
that approval cannot be granted until the child is at least two days old.
2. The waiver of consent may be executed before or after the institution of the adoption proceedings, and shall be acknowledged before a notary public,
or in lieu of such acknowledgment, the signature of the person giving such written consent shall be witnessed by the signatures of at least two adult persons
whose addresses shall be plainly written thereon.
3. A waiver of consent shall be valid and effective even though the parent waiving consent was under eighteen years of age at the time of the execution
thereof.
453.060. 1. Service on parties, how accomplished--petitioners' names not to appear on copy of petition served with summons, when--right of appeal--waiver of service--putative
father unknown, procedure. A writ of summons and a copy of the petition shall be served on:
(1) Any person, agency, organization or institution whose consent to the adoption is required by law unless such consent is filed in court;
(2) Any person whose consent to the adoption, according to the allegation of the petition for adoption, is not required for the reasons set forth in
subdivision (6) or (7) of section 453.040;
(3) Any person, agency, organization or institution, within or without the state, having custody of the child sought to be adopted under a decree of
a court of competent jurisdiction even though its consent to the adoption is not required by law;
(4) The legally appointed guardian of the child;
(5) Any person adjudicated by a court of this state or another state, a territory of the United States or another country to be the father of the child;
(6) Any person who has timely filed a notice of intent to claim paternity of the child pursuant to section 192.016, RSMo, or an acknowledgment of paternity
pursuant to section 193.087, RSMo.
2. Except as provided in this section and section 453.014, it is not necessary to serve any person, agency, organization or institution whose consent
is not required pursuant to the provisions of sections 453.030 to 453.050.
3. If service of summons cannot be made in the manner prescribed in section 506.150, RSMo, then the service shall be made by mail or publication as provided
in section 506.160, RSMo.
4. Upon service, whether personal or constructive, the court may act upon the petition without the consent of any party, except that of a parent whose
consent is required by sections 453.030 to 453.050, and the judgment is binding on all parties so served. Any such party has the right to appeal from the
judgment in the manner and form provided by the civil code of Missouri.
5. In all cases where the putative father is unknown, a search of the Missouri putative father registry shall be conducted to determine if a man has
filed or been registered with the registry. If such a man is discovered, service shall be carried out according to the provisions of this section.
6. Upon request, the court may order that the writ of summons and copy of the petition required by this section may be served without the names and addresses
of the petitioners when the court deems it to be in the best interests of the child.
453.061. Conception of a child, man deemed to be on notice, when. Any man who has engaged in sexual intercourse with a woman is deemed to be on notice that a child may be conceived and as a result is entitled
to notice of an adoption proceeding only as provided in this chapter.
453.065. Definitions. As used in sections 453.065 to 453.074, the following words and terms shall have the meanings indicated:
(1) "Child", a person within the state who is under the age of eighteen or in the custody of the division of family services who is in need
of medical, dental, educational, mental or other related health services and treatment, as defined in this section, or who belongs to a racial or ethnic
minority, who is five years of age or older, or who is a member of a sibling group, and for whom an adoptive home is not readily available. If the physical,
dental or mental condition of the child requires care after the age of eighteen, payment can be continued with the approval of the division of family services
of the department of social services and subject to annual review;
(2) "Diminishing allotment", a monthly payment which periodically diminishes over a period of not longer than four years at which time it ceases;
(3) "Long term subsidy", a continuous monthly payment toward the child's care for a period of more than four years;
(4) "Special services", an allotment to a child who is in need of medical, dental, educational, mental health or other related health services
and treatment, including treatment for physical handicap, intellectual impairment, developmental disability, mental or emotional disturbance, social maladjustment;
(5) "Time limited subsidy", a monthly allotment which is continued for a limited time after legal adoption, not exceeding four years. This
compensation is to aid the family in integrating the care of the new child in their home.
453.070. 1. Investigations precondition for adoption--contents of investigation report--how conducted--assessments of adoptive parents, contents --waiving of investigation,
when--fees--preference to foster parents, when. Except as provided in subsection 5 of this section, no decree for the adoption of a child under eighteen years of age shall be entered for the
petitioner or petitioners in such adoption as ordered by the juvenile court having jurisdiction, until a full investigation, which includes an assessment
of the adoptive parents, an appropriate postplacement assessment and a summary of written reports as provided for in section 453.026, 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, has
been made. The report shall also include a statement to the effect that the child has been considered as a potential subsidy recipient.
2. Such investigation shall be made, as directed by the court having jurisdiction, either by the division of family services of the state department
of social services, a juvenile court officer, a licensed child-placement agency, a social worker licensed pursuant to chapter 337, RSMo, or other suitable
person appointed by the court. The results of such investigation shall be embodied in a written report that shall be submitted to the court within ninety
days of the request for the investigation.
3. The department of social services, division of family services, shall develop rules and regulations regarding the content of the assessment of the
petitioner or petitioners. The content of the assessment shall include but not be limited to, a report on the condition of the petitioner's home and information
on the petitioner's education, financial, marital, medical and psychological status and criminal background check. If an assessment is conducted after August
28, 1997, but prior to the promulgation of rules and regulations by the department concerning the contents of such assessment, any discrepancy between the
contents of the actual assessment and the contents of the assessment required by department rule shall not be used as the sole basis for invalidating an
adoption. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant
to the provisions of chapter 536.
4. The assessment of petitioner or petitioners shall be submitted to the petitioner and to the court prior to the scheduled hearing of the adoptive petition.
5. In cases where the adoption or custody involves a child under eighteen years of age that is the natural child of one of the petitioners and where
all of the parents required by this chapter to give consent to the adoption or transfer of custody have given such consent, the juvenile court may waive
the investigation and report, except the criminal background check, and enter the decree for the adoption or order the transfer of custody without such
investigation and report.
6. In the case of an investigation and report made by the division of family services by order of the court, the court may order the payment of a reasonable
fee by the petitioner to cover the costs of the investigation and report.
7. Any adult person or persons over the age of eighteen, who, as foster parent or parents, have cared for a foster child continuously for a period of
nine months or more and bonding has occurred as evidenced by the positive emotional and physical interaction between the foster parent and child, may apply
to such authorized agency for the placement of such child with them for the purpose of adoption if the child is eligible for adoption. The agency and court
shall give preference and first consideration for adoptive placements to foster parents. However, the final determination of the propriety of the adoption
of such foster child shall be within the sole discretion of the court.
8. (1) Nothing in this section shall be construed to permit discrimination on the basis of disability or disease of a prospective adoptive parent.
(2) The disability or disease of a prospective adoptive parent shall not constitute a basis for a determination that the petitioner is unfit or not suitable to be an adoptive parent without a specific showing that there is a causal relationship between the disability or disease and a substantial and significant risk of harm to a child.
453.072. Any subsidies available to adoptive parents pursuant to section 453.073 and section 453.074 shall also be available to a qualified relative of a child who is granted legal guardianship of the child in the same manner as such subsidies are available for adoptive parents. As used in this section "relative" means any grandparent, aunt, uncle, adult sibling of the child or adult first cousin
of the child.
453.073. 1. The children's division is authorized to grant a subsidy to a child in one of the forms of allotment defined in section 453.065. Determination of the amount of monetary need is to be made by the division at the time of placement, if practicable, and in reference to the needs of the child, including consideration of the physical and mental condition, and age of the child in each
case; provided, however, that the subsidy amount shall not exceed the expenses of foster care and medical care for foster children paid under the homeless, dependent and neglected foster care program.
2. The subsidy shall be paid for children who have been in the care and custody of the children's division under the homeless, dependent and neglected
foster care program. In the case of a child who has been in the care and custody of a private child-caring or child-placing agency or in the care and custody
of the division of youth services or the department of mental health, a subsidy shall be available from the children's division subsidy program in the same
manner and under the same circumstances and conditions as provided for a child who has been in the care and custody of the children's division.
3. Within thirty days after the authorization for the grant of a subsidy by the children's division, a written agreement shall be entered into by the
division and the parents. The agreement shall set forth the following terms and conditions:
(1) The type of allotment;
(2) The amount of assistance payments;
(3) The services to be provided;
(4) The time period for which the subsidy is granted shall not exceed one year. The agreement can be renewed for subsequent years at the discretion of
the director. All existing agreements will have deemed to have expired one year after they were initially entered into;
(5) The obligation of the parents to inform the division when they are no longer providing support to the child or when events affect the subsidy eligibility
of the child;
(6) The eligibility of the child for Medicaid.
453.074. 1. Duties of division of family services in administration of subsidy. The division of family services shall have the following duties in the administration of the subsidy program:
(1) Notify all petitioners for adoption of the availability of subsidies for a child;
(2) Provide all petitioners for adoption with the rules and eligibility requirements for subsidies;
(3) Inform the parents of a child receiving a subsidy of reductions or other modifications in the terms and conditions of the written agreement;
(4) Establish procedures for the resolution of disputes involving the delay, denial, amount or type of subsidy;
(5) File an annual report to the legislature in the budget proposal on the adoption subsidy program, including but not limited to, the number and types
of subsidies being paid, an accounting of state and federal funds expended, and a projection of future monetary needs to maintain the subsidy program;
(6) Comply with all federal laws relating to adoption subsidies in order to maintain the eligibility of the state of Missouri for federal funds.
2. The provisions of this section shall not apply to the adoption of a child by the spouse of a biological parent or an adoptive parent.
453.075. 1. Petitioner in adoption proceeding to give accounting, when--contents --consequences of impropriety The court shall require the petitioner in any proceeding for adoption to file at the time of filing the petition for permission to adopt, a
signed and verified full accounting of any money, anything of value or other consideration paid or transferred by or on behalf of the petitioner in connection
with the placement or adoption. The accounting shall show all payments or transfers made or to be made or consideration given or promised by or on behalf
of the petitioner in connection with the placement or adoption, including:
(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 child for a reasonable time before and after the child's placement for adoption;
(3) Expenses incurred in obtaining a preplacement assessment and an assessment during the proceeding for adoption;
(4) Reasonable legal expenses of the birth parents and adoptive parents, court costs and travel or other administrative expenses connected with an adoption;
(5) Reasonable living expenses, including but not limited to food, shelter, utilities, transportation or clothing expenses of the birth parents and child
which are within the norms of the community in which the birth mother resides; and
(6) Any other services or items the court finds are reasonably necessary.
2. The court may decline to issue a decree of adoption and, in the event one of the petitioners is not a biological or adoptive parent of the child,
may order the transfer of lawful custody from the petitioners to a licensed child-placement agency if, after a hearing, it determines:
(1) That any of the payments, transfers or consideration were unreasonable; or
(2) That any of the payments, transfers or consideration were other than those permitted under section 568.175, RSMo; or
(3) That the petitioner has failed to report all of the payments, transfers or consideration given by or on behalf of the petitioner in connection with
the placement or adoption.
453.077. 1. Postplacement assessments required, when--rulemaking authority. When a child has been placed with the petitioner for the required six-month placement period, the person conducting the preplacement assessment
of the adoption or other persons authorized to conduct assessments pursuant to section 453.070 shall provide the court with a postplacement assessment.
The specific content of which shall be determined by rule by the department of social services, division of family services. The postplacement assessment
shall include an update of the preplacement assessment which was submitted to the court pursuant to section 453.070, and a report on the emotional, physical
and psychological status of the child. If an assessment is conducted after August 28, 1997, but prior to the promulgation of rules and regulations by the
department concerning the contents of such assessment, any discrepancy between the contents of the actual assessment and the contents of the assessment
required by department rule shall not be used as the sole basis for invalidating an adoption.
2. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant
to the provisions of chapter 536.
453.080. 1. Hearing--decree--contact or exchange of identifying information between adopted person and birth or adoptive parent not to be denied, when. The court shall conduct a hearing to determine whether the adoption shall be finalized. During such hearing, the court shall ascertain whether:
(1) The person sought to be adopted, if a child, has been in the lawful and actual custody of the petitioner for a period of at least six months prior
to entry of the adoption decree; except that the six-month period may be waived if the person sought to be adopted is a child who is under the prior and
continuing jurisdiction of a court pursuant to chapter 211, RSMo, and the person desiring to adopt the child is the child's current foster parent. "Lawful
and actual custody" shall include a transfer of custody pursuant to the laws of this state, another state, a territory of the United States, or another
country;
(2) The court has received and reviewed a postplacement assessment on the monthly contacts with the adoptive family pursuant to section 453.077, except
for good cause shown in the case of a child adopted from a foreign country;
(3) The court has received and reviewed an updated financial affidavit;
(4) The court has received the recommendations of the guardian ad litem and has received and reviewed the recommendations of the person placing the child,
the person making the assessment and the person making the postplacement assessment;
(5) There is compliance with the uniform child custody jurisdiction act, sections 452.440 to 452.550, RSMo;
(6) There is compliance with the Indian Child Welfare Act, if applicable;
(7) There is compliance with the Interstate Compact on the Placement of Children pursuant to section 210.620, RSMo; and
(8) It is fit and proper that such adoption should be made.
2. If a petition for adoption has been filed pursuant to section 453.010 and a transfer of custody has occurred pursuant to section 453.110, the court
may authorize the filing for finalization in another state if the adoptive parents are domiciled in that state.
3. If the court determines the adoption should be finalized, a decree shall be issued setting forth the facts and ordering that from the date of the
decree the adoptee shall be for all legal intents and purposes the child of the petitioner or petitioners. The court may decree that the name of the person
sought to be adopted be changed, according to the prayer of the petition.
4. Before the completion of an adoption, the exchange of information among the parties shall be at the discretion of the parties. Upon completion of
an adoption, further contact among the parties shall be at the discretion of the adoptive parents. The court shall not have jurisdiction to deny continuing
contact between the adopted person and the birth parent, or an adoptive parent and a birth parent. Additionally, the court shall not have jurisdiction to
deny an exchange of identifying information between an adoptive parent and a birth parent.
453.090. 1. Consequences of adoption--child defined. When a child is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child
and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010) shall cease and determine. Such
child shall thereafter be deemed and held to be for every purpose the child of his parent or parents by adoption, as fully as though born to him or them
in lawful wedlock.
2. Such child shall be capable of inheriting from, and as the child of, his parent or parents by adoption as fully as though born to him or them in lawful
wedlock and, if a minor, shall be entitled to proper support, nurture and care from his parent or parents by adoption.
3. The parent or parents by adoption shall be capable of inheriting from and as the parent or parents of their adopted child as fully as though such
child had been born to him or them in lawful wedlock, and, if such child is a minor, shall be entitled to the services, wages, control and custody of such
adopted child.
4. The adopted child shall be capable of inheriting from and taking through his parent or parents by adoption property limited expressly to heirs of
the body of such parent or parents by adoption.
5. The word "child" as used in this section, shall, unless the context hereof otherwise requires, be construed to mean either a person under
or over the age of eighteen years.
453.100. Clerk to certify decree for vital statistics record--contents. After the entry of the decree of adoption, the clerk of the court shall immediately send to the department of health and senior services a certificate
of the decree of adoption, which shall set forth the original name, the new name, sex, date and place of birth of the person adopted, the name of his natural
parents, if known, the names of the adopting parents, and any other pertinent facts set forth in the decree of adoption on forms prescribed and furnished
by the state registrar pursuant to section 193.125.
453.101. Guardian appointed when adoption not granted--powers and duties to be specified. In the event that the juvenile court does not grant the adoption, the court may order that a guardian be appointed under the provisions of chapter
475, RSMo, to provide long-term care for the child. The order appointing the guardian shall specify the powers and duties of the guardian and the period
of time the guardianship shall remain in effect with mandatory review by the court as provided in chapter 475.
453.102. 1. Family services to inform adoptive parents of postplacement services, when--nature of services--family services to assist in cases of adoptive placement.
After an adoptive placement has been made, the division of family services or other child-placing agency shall inform the adoptive parents of
postplacement services available to them and the child. Such services may include, aiding the family in contacting adoptive family support groups, providing
family counseling, periodic visitation by the agency and any other resources or services that would assist the family and the child in adjusting to the
adoption.
2. In the event that an adoptive placement or a final adoption is disrupted resulting in the removal of the child from the home of the adoptive parents,
the division of family services or other child-placing agency shall assist the parents and the child by providing or arranging contact with support groups,
counseling or any other service deemed necessary to aid the family and the child in adjusting to the removal.
453.110. 1. Prohibiting transfer of custody of child--exception--penalty --investigation and report--transfer of custody order issued, when. No person, agency, organization or institution shall surrender custody of a minor child, or transfer the custody of such a child to another,
and no person, agency, organization or institution shall take possession or charge of a minor child so transferred, without first having filed a petition
before the circuit court sitting as a juvenile court of the county where the child may be, praying that such surrender or transfer may be made, and having
obtained such an order from such court approving or ordering transfer of custody.
2. If any such surrender or transfer is made without first obtaining such an order, such court shall, on petition of any public official or interested
person, agency, organization or institution, order an investigation and report as described in section 453.070 to be completed by the division of family
services and shall make such order as to the custody of such child in the best interest of such child.
3. Any person violating the terms of this section shall be guilty of a class D felony.
4. The investigation required by subsection 2 of this section shall be initiated by the division of family services within forty-eight hours of the filing
of the court order requesting the investigation and report and shall be completed within thirty days. The court shall order the person having custody in
violation of the provisions of this section to pay the costs of the investigation and report.
5. This section shall not be construed to prohibit any parent, agency, organization or institution from placing a child with another individual for care
if the right to supervise the care of the child and to resume custody thereof is retained, or from placing a child with a licensed foster home within the
state through a child-placing agency licensed by this state as part of a preadoption placement.
6. After the filing of a petition for the transfer of custody for the purpose of adoption, the court may enter an order of transfer of custody if the
court finds all of the following:
(1) A family assessment has been made as required in section 453.070 and has been reviewed by the court;
(2) A recommendation has been made by the guardian ad litem;
(3) A petition for transfer of custody for adoption has been properly filed or an order terminating parental rights has been properly filed;
(4) The financial affidavit has been filed as required under section 453.075;
(5) The written report regarding the child who is the subject of the petition containing the information has been submitted as required by section 453.026;
(6) Compliance with the Indian Child Welfare Act, if applicable; and
(7) Compliance with the Interstate Compact on the Placement of Children pursuant to section 210.620, RSMo.
7. A hearing on the transfer of custody for the purpose of adoption is not required if:
(1) The conditions set forth in subsection 6 of this section are met;
(2) The parties agree and the court grants leave; and
(3) Parental rights have been terminated pursuant to section 211.444 or 211.447.
453.120. 1. The files and records of the court in adoption proceedings shall not be open to inspection or copy by any person or persons, except upon an order of the court expressly permitting the same issued in accordance with the provisions of section 453.121.
2. Any person who permits such inspection or copy without an order of the court as provided in this section shall be guilty of a class C misdemeanor.
453.121. 1. Adoption records, disclosure procedure--registry of biological parents and adopted adults. As used in this section, unless the context clearly indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of age or over;
(2) "Adopted child", any adopted person who is less than eighteen years of age;
(3) "Adult sibling", any brother or sister of the whole or half blood who is eighteen years of age or over;
(4) "Biological parent", the natural and biological mother or father of the adopted child;
(5) "Identifying information", information which includes the name, date of birth, place of birth and last known address of the biological parent;
(6) "Lineal descendant", a legal descendant of a person as defined in section 472.010;
(7) "Nonidentifying information", information concerning the physical description, nationality, religious background and medical history of the biological parent or sibling.
2. All papers, records, and information pertaining to an adoption whether part of any permanent record or file may be disclosed only in accordance with
this section.
3. Nonidentifying information, if known, concerning undisclosed biological parents or siblings shall be furnished by the child-placing agency or the
juvenile court to the adoptive parents, legal guardians or adopted adult upon written request therefor.
4. An adopted adult, or the adopted adult's lineal descendants if the adopted adult is deceased, may make a written request to the circuit court having original jurisdiction of such adoption to secure and disclose information identifying the adopted adult's biological parents. If the biological parents have consented to the release of identifying information under subsection 8 of this section,
the court shall disclose such identifying information to the adopted adult or the adopted adult's lineal descendants if the adopted adult is deceased. If the biological parents have not consented to the release of identifying information under subsection 8 of this section, the court shall, within ten days of receipt of the request, notify in writing the child-placing agency or juvenile court personnel
having access to the information requested of the request by the adopted adult or the adopted adult's lineal descendants.
5. Within three months after receiving notice of the request of the adopted adult, the child-placing agency or juvenile court personnel shall notify
the adoptive parents, if such adoptive parents are living and shall not make any attempt to notify the biological parents without prior written consent
of such adoptive parents for adoptions instituted or completed prior to August 13, 1986, but may proceed if there is proof that the adoptive parents are
deceased or incapacitated, as such term is defined in chapter 475, RSMo. If the adoptive parents are living but are unwilling to give such written consent,
the child-placing agency or the juvenile court personnel shall make a written report to the court stating that they were unable to notify the biological
parent. If the adoptive parents are deceased or give written consent, the child-placing agency or the juvenile court personnel shall make reasonable efforts
to notify the biological parents of the request of the adopted adult. The child-placing agency or juvenile court personnel may charge actual costs to the
adopted adult for the cost of making such search. All communications under this subsection are confidential. For purposes of this subsection, "notify"
means a personal and confidential contact with the biological parent of the adopted adult, which initial contact shall not be made by mail and shall be
made by an employee of the child-placing agency which processed the adoption, juvenile court personnel or some other licensed child-placing agency designated
by the child-placing agency or juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged pursuant
to section 491.060, RSMo. At the end of three months, the child-placing agency or juvenile court personnel shall file a report with the court stating that
each biological parent that was located was given the following information:
(1) The nature of the identifying information to which the agency has access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult;
(4) The right of the biological parent to file an affidavit with the court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to the court that it has been unable to notify the biological parent within three
months, the identifying information shall not be disclosed to the adopted adult. Additional requests for the same or substantially the same information
may not be made to the court within one year from the end of the three-month period during which the attempted notification was made, unless good cause
is shown and leave of court is granted.
7. If, within three months, the child-placing agency or juvenile court personnel reports to the court that it has notified the biological parent pursuant
to subsection 5 of this section, the court shall receive the identifying information from the child-placing agency. If an affidavit duly executed by a biological
parent authorizing the release of information is filed with the court, the court shall disclose the identifying information as to that biological parent
to the adopted adult, provided that the other biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5 of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release of identifying information. If the biological parent fails or refuses to file an affidavit
with the court authorizing the release of identifying information, then the identifying information shall not be released to the adopted adult. No additional
request for the same or substantially the same information may be made within three years of the time the biological parent fails or refuses to file an
affidavit authorizing the release of identifying information.
8. Any adopted adult whose adoption was finalized in this state or whose biological parents had their parental rights terminated in this state may request the court to secure and disclose identifying information concerning an adult sibling. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall
be released only upon consent of that adult sibling.
9. The central office of the children's division within the department of social services shall maintain a registry by which biological parents, adult
siblings, and adoptive adults may indicate their desire to be contacted by each other. The division may request such identification for the registry as
a party may possess to assure positive identifications. At the time of registry, a biological parent or adult sibling may consent in writing to the release
of identifying information to an adopted adult. If such a consent has not been executed and the division believes that a match has occurred on the registry
between biological parents or adult siblings and an adopted adult, an employee of the division shall make the confidential contact provided in subsection
5 of this section with the biological parents or adult siblings and with the adopted adult. If the division believes that a match has occurred on the registry
between one biological parent or adult sibling and an adopted adult, an employee of the division shall make the confidential contact provided by subsection
5 of this section with the biological parent or adult sibling. The division shall then attempt to make such confidential contact with the other biological
parent, and shall proceed thereafter to make such confidential contact with the adopted adult only if the division determines that the other biological
parent meets one of the conditions specified in subsection 7 of this section. The biological parent, adult sibling, or adopted adult may refuse to go forward
with any further contact between the parties when contacted by the division.
10. The provisions of this section, except as provided in subsection 5 of this section governing the release of identifying and nonidentifying adoptive
information apply to adoptions completed before and after August 13, 1986.
453.140. Validity of decree not subject to attack for irregularities after expiration of one year. After the expiration of one year from the date of entry of the decree of adoption, the validity thereof shall not be subject to attack in any proceedings,
collateral or direct, by reason of any irregularity in proceedings had pursuant to this chapter.
453.150. Effect of adoptions made previous to July 1, 1917. Any person adopted by deed of adoption or agreement of adoption in writing prior to 1917 and wherein said instrument was filed for record prior
to July 1, 1917, shall hereafter be deemed and held to be for every purpose the child of its parent or parents by adoption as fully as though born to them
in lawful wedlock, and such adoption shall have the same force and effect as an adoption under the provisions of this chapter, including all inheritance
rights.
453.153. The director of the department of social services shall develop and implement a program to work through local churches to find adoptive placements for minority and hard to place children. The program shall be known as "Missouri, One Church-One Child" program.
453.160. 1. Validity of decree under any prior act not subject to attack for irregularities after expiration of one year--revocation of consent. After the expiration of one year from the date this chapter shall become effective, the validity of any decree of adoption pursuant to any prior
law shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant to such prior law.
2. Any consent required for an adoption may only be revoked within one year of the date of such consent for fraud or duress.
453.170. 1. Adoption under laws of other states or countries, requirements, effect. When an adoption occurs pursuant to the laws of other states of the United States, Missouri shall, from the date of adoption hold the adopted
person to be for every purpose the lawful child of its parent or parents by adoption as fully as though born to them in lawful wedlock, and such adoption
shall have the same force and effect as adoption pursuant to the provisions of this chapter, including all inheritance rights.
2. When an adoption occurs in a foreign country and the adopted child has migrated to the United States with the permission of the United States Department
of Justice and the United States Department of Immigration and Naturalization Services, this state shall recognize the adoption. The department of health
and senior services, upon receipt of proof of adoption as required in subsection 7 of section 193.125, RSMo, shall issue a birth certificate for the adopted
child upon request on forms prescribed and furnished by the state registrar pursuant to section 193.125.
3. The adoptive parent or parents may petition the court pursuant to this section to request a change of name. The petition shall include a certified
copy of the decree of adoption issued by the foreign country and documentation from the United States Department of Justice and the United States Department
of Immigration and Naturalization Services which shows the child lawfully entered the United States. The court shall recognize and give effect to the decree
of the foreign country and grant a decree of recognition of the adoption and shall change the name of the adopted child to the name given by the adoptive
parent, if such a request has been made.
453.315. Order of protection, purpose of. The court may make an order of protection as a condition of any order made under this section. The order of protection may set forth reasonable
conditions of behavior by a person or agency who is before the court, and the order may require any such person or agency to make periodic reports to the
court containing such information as the court may prescribe.
453.322. repealed.
453.325. 1. repealed
453.400. 1. Stepparent required to support stepchild--recovery from natural or adoptive parent, when--stepparent's income considered in aid to dependent children. A stepparent shall support his or her stepchild to the same extent that a natural or adoptive parent is required to support his or her child
so long as the stepchild is living in the same home as the stepparent. However, nothing in this section shall be construed as abrogating or in any way diminishing
the duty a parent otherwise would have to provide child support, and no court shall consider the income of a stepparent, or the amount actually provided
for a stepchild by a stepparent, in determining the amount of child support to be paid by a natural or adoptive parent.
2. A natural or adoptive parent shall be liable to a stepparent for the sum of money expended by a stepparent for the support of a stepchild when that
sum of money was expended because of the neglect or refusal of* the natural or adoptive parent to pay any part of or all of the court-ordered amount of
support.
3. This section shall not abrogate or diminish the common law right which a stepparent may possess to recover from a natural or adoptive parent the expense
of providing necessaries for a stepchild in the absence of a court order for child support determining the amount of support to be paid by a natural or
adoptive parent.
4. This section shall not be construed as granting to a stepparent any right to the care and custody of a stepchild or as granting a stepchild any right
to inherit from a stepparent under the general statutory laws governing descent and distribution.
5. This section shall apply without regard to whether public assistance is being provided on behalf of the stepchild or stepchildren in question.
6. This section shall be construed to apply only to support obligations incurred on or after July 1, 1977, notwithstanding that a marriage giving rise
to the support obligation occurred prior to July 1, 1977.
7. With respect to section 208.040, RSMo, this section shall not be construed to render a child ineligible for public assistance on the basis of the
child's not being deprived of parental support, but it shall be construed to permit the inclusion of the income of a stepparent in the determination of
eligibility for benefits and in the determination of the amount of the assistance payment.
8. In the determination of eligibility for benefits and in the determination of the amount of the assistance payment under section 208.150, RSMo, that
portion of the stepparent's income, as defined by the division of family services in the administration of aid to families with dependent children, shall
be considered.
453.500. Interstate adoption assistance compact adopted--text of compact--false claims, penalty. The "Interstate Adoption Assistance Compact" is hereby enacted into law authorizing the department of social services to enter into interstate
agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the state of Missouri.
Article I
(a) The Legislature finds that:
1. Finding adoptive families for children for whom state assistance is desirable, pursuant to the state adoption subsidy programs, and assuring the protection
of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or
are residents of another state; and
2. Provision of medical and other necessary services for children with state assistance encounters special difficulties when the provision of services
takes place in other states.
(b) The purposes of this section are:
1. Authorize the department of social services to enter into interstate agreements with agencies of other states for the protection of children on behalf
of whom adoption assistance is being provided by the department; and
2. Provide procedures for interstate children's adoption assistance payments, including medical payments.
Article II
1. The department of social services may develop, participate in the development of, negotiate and enter into one or more interstate compacts on behalf
of this state with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain
in force, such a compact shall have the force and effect of law.
2. As used in this section, unless the context clearly indicates otherwise, the following terms have the following meanings.
A. "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
B. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands or a territory or possession of or administered by the United States.
C. "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
Article III
1. A compact entered into pursuant to the authority conferred by this section shall have the following content:
A. A provision making it available for joinder by all states;
B. A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the
notice and the effective date of the withdrawal;
C. A requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable
to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than
the one in which they are resident and have their principal place of abode;
D. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between
the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that any such agreement be
expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
E. Such other provisions as may be appropriate to implement the proper administration of the compact.
Article IV
1. A compact entered into pursuant to the authority conferred by this section may contain provisions in addition to those required pursuant to Article
III as follows:
A. Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with
applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds
to defray part or all of the costs thereof; and
B. Such other provisions as may be appropriate or incidental to the proper administration of the compact.
Article V
1. A child resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance
identification from this state, upon the filing in the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance
state. In accordance with regulations of the department of social services, the adoptive parents shall be required at least annually to show that the agreement
is still in force or has been renewed.
2. The department of social services shall consider the holder of a medical assistance identification pursuant to this Article as any other holder of
a medical assistance identification under the laws of this state and shall process and make payment on claims on account of that holder in the same manner
and pursuant to the same conditions and procedures as for other recipients of medical assistance.
3. The department of social services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance
agreement made by the department of social services for the coverage or benefits, if any, not provided by the residence state. The adoptive parents acting
for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed. There shall be
no reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the
adoptive parents. The department of social services shall make rules implementing this subsection. The additional coverage and benefit amounts provided
pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided
by the residence state. Among other things, the regulations shall include procedures to be followed in obtaining prior approvals for services in those instances
where required for the assistance.
4. The submission of any claim for payment or reimbursement for services or benefits, pursuant to this Article or the making of any statement in connection
therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and subject to the
provisions of the Missouri Criminal Code and other applicable laws.
5. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered
into a compact with this state under which the other state provides medical assistance to children under adoption assistance agreements made by this state.
All other children entitled to medical assistance, pursuant to adoption assistance agreements entered into by this state, shall be eligible to receive it
in accordance with the laws and procedures applicable thereto.
Article VI
Consistent with federal law, the department of social services in connection with the administration of this Article and any compact pursuant to this
section, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272, Titles IV-E and XIX
of the United States Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the
federal government pays some or all of the cost. The department of social services shall apply for and administer all relevant federal aid, in accordance
with law.
453.503. State may withdraw from compact, how. The state of Missouri shall reserve the right to withdraw from the interstate assistance compact by a law requiring such withdrawal.
453.600. 1. Fund created, use of moneys--board created, purpose, members, duties--sunset provision. There is hereby created in the state treasury the "Foster Care and Adoptive Parents Recruitment and Retention Fund" which shall consist of all gifts, donations, transfers, and moneys appropriated by the general assembly, and bequests to the fund. The fund shall maintain no more than
the total of the last two years of funding or a minimum of three hundred thousand dollars, whichever is greater. The fund shall be administered by the foster care and adoptive parents recruitment and retention fund board created in subsection 3 of this section.
2. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner
as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
3. There is hereby created the "Foster Care and Adoptive Parents Recruitment and Retention Fund Board" within the department of social services. The board shall consist of the following members or their designees:
(1) The director of the department of social services;
(2) The director of the department of mental health;
(3) The director of the department of health and senior services;
(4) The following six members to be appointed by the director of the department of social services:
(a) Two representatives of a recognized foster parent association;
(b) Two representatives of a licensed child-placing agency; and
(c) Two representatives of a licensed residential treatment center.
Members appointed under subdivision (4) of this subsection shall serve three-year terms, subject to reappointment. Of the members initially appointed, three shall be appointed for a two-year term and three shall be appointed three-year terms. All members of the board shall serve without compensation but shall, subject to appropriation, be reimbursed for reasonable and necessary expenses actually
incurred in the performance of their official duties as members of the board. The department of social services shall, with existing resources, provide administrative support and current staff as necessary for the effective operation of the board.
4. Upon appropriation, moneys in the fund shall be used to grant awards to licensed community-based foster care and adoption recruitment programs. The board shall establish guidelines for disbursement of the fund to certain programs. Such programs shall include, but not be limited to, recruitment and retention of foster and adoptive families for children who:
(1) Have been in out-of-home placement for fifteen months or more;
(2) Are more than twelve years of age; or
(3) Are in sibling groups.
Moneys in the fund shall not be subject to appropriation for purposes other than those of evidence-based foster care and adoption programs as designated by the board established under this section.
5. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new fund authorized under this section shall automatically sunset six years after August 28, 2011, unless reauthorized by an act of the general assembly; and
(2) If such fund is reauthorized, the fund authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on December thirty-first of the calendar year immediately following the calendar year in which the fund authorized under this section is sunset. | 
