SCS/SB 851 - This act modifies several provisions relating to court proceedings, including: (1) juvenile court orders; and (2) court reporter fees.
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 substantially similar to the truly agreed to and finally passed HCS/SB 800 (2018) and similar to HCB 11 (2018), SB 1110 (2016), and HB 2624 (2016).
COURT REPORTER FEES (Section 488.2250)
Currently for the preparation of all appellate transcripts of testimony or for proceedings in any circuit court, the court report shall receive three dollars and fifty cents per page. This act repeals the specification that the court reporter is to receive three dollars and fifty cents per page in circuit court proceedings. Also, the act repeals the provision specifying that the court reporter is to be reimbursed three dollars and fifty cents per legal page for the preparation of such transcripts.
This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HB 2562 (2018), the truly agreed to and finally passed SB 871 (2018), SCS/HB 1249 (2018), HB 1487 (2018), HB 2544 (2018), SCS/SB 169 (2017), HCS/HB 380 (2017), HCS/HB 597 (2017), SCS/HCB 1 (2017), and the truly agreed to and perfected version of SB 218 (2017).