- Perfected -
SS/SCS/SBs 923, 828, 876, 694, & 736 - This act modifies various provisions relating to children and families.
This act limits the state's allowable fee for processing certain adoption documents to $100 per child per adoption, or per multiple children adopted at the same time. Current law allows a fee of $10 per document. This provision is similar to SB 1258 (Section 28.160).
Current law allows a person to claim the sale of a special needs adoption tax credit to not-for-profit entities at a discount rate of seventy-five percent or greater of the amount sold. This act removes the limitation that the sale must be to a not-for-profit entity (Section 135.327).
Current law restricts the release of an adopted person's original birth certificate. This act authorizes an adopted person over the age of fifty to obtain a copy of his or her original birth certificate and provides that such access shall be allowed unless a written prohibition exists against the release of such records. An adoptive or biological parent may file a written prohibition at any time. This provision is similar to SB 830 (Section 193.125).
A regional child assessment center is added in Camden County. Such addition shall only be allowed, however, if all other assessment centers submit a funding formula which would require no additional state funding. This provision is similar to SB 640 (Section 210.001).
Current law establishes the child abuse hotline. This act prohibits a parent, guardian, or custodian from being named in the registry if a child is found to require community-based services (Section 210.145).
A new section is created to outline foster parent rights and responsibilities, including training, confidentiality of information, and daily decisions for the child. This provision is similar to SB 828 (Section 210.566)
This act allows foster parents to be automatically registered with the Family Care Safety Registry at no additional cost. This provision is similar to SB 876 (Section 210.906)
A new section establishes the Office of Child Protection Information which will provide assistance to persons utilizing child protective services. The office will be administered by a state ombudsman who must respond to requests for assistance and complaints. The Child Protection Information Advisory Commission is also established to consist of eleven members. The Commission will assist the Office, review current policies, and recommend improvements. An annual report is required. Files maintained by the Office may be disclosed at the ombudsman's discretion, with the exception of the identity of any complainant or child, which may only be disclosed under certain circumstances (Sections 210.960 - 210.965).
A new section requires the Department of Health and Senior Services to provide child care facilities with a comprehensive list of unsafe children's products. Initial notification for facilities must be on or before July 1, 2003, and quarterly thereafter. If a facility fails to dispose of a product after notice is given, it will be a violation under the inspection. This provision is similar to SB 1068 (Section 210.1007).
Current law grants exclusive jurisdiction to the juvenile court in certain cases. This act adds that jurisdiction will also be granted when a child or person is seventeen years old, in need of mental health services, and parent is unable to provide access to appropriate mental health services (Section 211.031).
Currently, the law outlines provisions for children to obtain treatment services. This act allows the court to order that the child receive such services in the least restrictive setting, based on an individualized treatment plan (Section 211.181).
The Division of Family Services currently makes reasonable efforts to prevent or eliminate the need for removal of the child from a home. This act does not require such effort when a child is abused by a person other than the parent and circumstances indicate the parent knew or should have known about it. Section 211.183 currently defines "reasonable efforts" as reasonable diligence and care by the Division of Family Services to utilize all available resources to meet the needs of the juvenile and the family. This provision is similar to SB 694 (Section 211.183).
Various provisions are modified relating to child labor laws. These provisions are similar to SB 1139 (Sections 294.011 - 294.141).
Current law allows the court to grant grandparent visitation in certain situations. As modified by this act, the situations are as follows:
(1) When the parents are getting divorced or are divorced and have denied visitation;
(2) When one parent of the child is deceased and the surviving parent denies visitation to a parent of the deceased parent of the child;
(3) When the child has lived in the grandparent's home for at least six months of the previous 2 years;
(4) When a grandparent has been denied visitation for over ninety days, however, if the natural parents are married and living together, then the grandparent may not file for unsupervised visitation; or
(5) The child is adopted by a stepparent, another grandparent, or relative.
Currently, the court must decide if the grandparent visitation would be in the child's best interests. This act provides that if the natural parents are currently married and living together, then a rebuttable presumption exists that the parents know what is in the best interest of the child.
ERIN MOTLEY