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HCS/SB 800 - This act modifies several provisions relating to juvenile court proceedings, including: (1) juvenile court orders; (2) petitions for adoption; and (3) termination of parental rights. JUVENILE COURT ORDERS (Section 211.093) Under current law, any order or judgment entered by a court concerning child protection takes precedence over any previous court order concerning the status or custody of a child for as long as the new court order remains in effect. This act adds orders of guardianships to the list of prior orders concerning the status or custody of a child over which a new court order shall take precedence. Additionally, any court exercising jurisdiction over a child in specified cases shall have the authority to: (1) enter an order regarding the custody of the child, (2) enter a child support order, (3) establish rights of visitation, and (4) establish paternity. Any custody, support, or visitation order entered by the court shall remain in effect after the termination of the underlying juvenile court proceeding unless the order expressly states otherwise. If the court terminates jurisdiction without entering a continuing custody, support, or visitation order, then the child shall be returned to a parent, custodian, or legal guardian who exercised custody prior to the court's assumption of jurisdiction and any custody or visitation orders in effect at the time the court assumed jurisdiction shall be restored. The juvenile court shall not hear any modification motions or other actions to rehear any order entered under this act after the court terminates jurisdiction. Finally, this act requires the Children's Division to make all reasonable efforts to establish paternity within 60 days of the court assuming jurisdiction over the child in specified cases. These provisions are identical to HB 1728 (2018), substantially similar to SB 851 (2018), and similar to HCB 11 (2018), SB 1110 (2016), and HB 2624 (2016). PETITIONS FOR ADOPTION (Section 211.444) This act permits a private attorney filing a petition for adoption to petition the juvenile court to terminate the rights of a parent or to receive specific consent to adopt or waiver of consent to adopt. This act also repeals existing provisions relating to the form and manner of the consent to adopt or waiver of consent to adopt. TERMINATION OF PARENTAL RIGHTS (Section 211.447) Under this act, a court may terminate the parental rights of a biological father if he is an alleged perpetrator of forcible rape or rape in the first degree that resulted in the conception and birth of the child if the court finds: (1) by clear, cogent, and convincing evidence that the biological father committed the act against the biological mother; (2) by clear, cogent, and convincing evidence that the child was conceived as a result of that act; and (3) by the preponderance of the evidence that the termination of parental rights is in the best interests of the child. In any action to terminate the parental rights of a father under this act, the court may order, with the mother's consent, that the mother and child are entitled to obtain from the father payment for the reasonable expenses of pregnancy, childbirth or early child care; child support; inheritance rights under the probate code; the designation of the child as beneficiary of the father's life insurance; or any other reasonable payments. The father shall not be entitled to any custody, guardianship, visitation, or other parent-child relationship. No state agency shall require the mother to seek child support if the mother declines to do so under this act and such refusal shall not render the mother or child ineligible to receive public assistance benefits. These provisions are identical to SCS/SB 795 (2018) and are similar to HB 1399 (2017) and HB 1087 (2017). SARAH HASKINS
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