HCS/SCS/SB 711 - This act modifies provisions relating to adoption. CONTACT PREFERENCE AND MEDICAL HISTORY FORMS The State Registrar shall develop and provide to each birth parent a contact preference and a medical history form. A birth parent may use a medical history form to describe his or her medical history. The contact preference form allows a birth parent to list his or her preference for contact by the adoptee. Upon receipt of the completed contact preference and history forms, the State Registrar shall attach such forms to the original birth certificate of the adopted person. Such completed forms shall have the same level of confidentiality as the original birth certificate. SECTION 193.132 This provision is identical to HCS/HB 1137 (2012) and substantially similar to SB 594 (2010), SCS/SB 53 (2009), and similar to SCS/SB 1132 (2008). ACKNOWLEDGMENT OF PATERNITY Under this act, a mother can execute a voluntary acknowledgment of paternity if her parental rights have not been voluntarily or involuntarily terminated or the mother's consent to adoption or waiver of consent has not been accepted or approved by a court of competent jurisdiction. A court may order the Bureau of Vital Statistics within the Department of Health and Senior Services to rescind any amended birth certificate if it was issued based upon an acknowledgment of paternity made by a mother in violation of the provisions of this act. SECTION 193.215 This provision is identical to HCS/HBs 1258,1259 & 1260 (2012). JONATHAN'S LAW-CERTIFICATION AND TRANSFER OF JUVENILE CASES This act requires a child be convicted in a court of general jurisdiction in order for the jurisdiction of the juvenile court over that child to forever terminate for an act that would be a violation of a state law or municipal ordinance. Currently, if a child is under 17 years of age and has been convicted in a court of general jurisdiction, the court is allowed to invoke dual jurisdiction of both the criminal and juvenile codes. This act also raised the age to 17 and six months of age and requires the court to consider dual jurisdiction. If the Division of Youth Services within the Department of Social Services agrees to accept a youth and the court does not impose a juvenile disposition, the court shall make findings on the record as to why the division was not appropriate for an offender prior to imposing an adult criminal sentence. SECTIONS 211.069 TO 211.073 These provisions are identical to HB 2038 (2012). CONSENT OR WAIVER OF CONSENT FOR TERMINATION OF PARENTAL RIGHTS This act authorizes the Children's Division within the Department of Social Services to terminate the rights of a parent or approve the consent to adoption or waiver of consent to adoption by a parent, including a child who is a ward of the court, if a court finds that the termination or consent to adoption or waiver of consent to adoption is in the best interests of the child and the parent has consented in writing to the termination of his or her parental rights or consented or waived consent to the adoption. SECTION 211.444 This provision is identical to HB 1994 (2012) and to HCS/HB 1137 (2012). RACIAL CONSIDERATION IN ADOPTION PROCEEDINGS This act provides that the race or ethnicity of the adoptive child, the child's biological parents or the prospective adoptive parents shall not be a consideration when determining the best interests of the child, the welfare of the child, the suitability or assessment of prospective adoptive parents or the home of the prospective adoptive parents in adoptive placements. As to any Native American child placed in protective custody, the division shall comply with current federal placement requirements. This provision is identical to a provision in SCS/HCS/HB 1758 (2012). CONSENT TO ADOPTION Consent to the adoption of a child is not required of a man: (1) Who has reason to believe he is the biological father of an unborn child and who attempted to coerce the mother to obtain an abortion; (2) Who has reason to believe he is the biological father of a newborn child but who has not provided consistent prenatal financial support to the mother and consistent payment for prenatal, natal, and postnatal medical care for the mother and baby unless actively thwarted from doing so by the mother; and (3) Whose consent is not required under Section 453.030, RSMo, the current statute specifying when the consent of a man is required. Such consent under Section 453.030 is required of a man who is, under the law: (1) Presumed to be the father; (2) Has filed an action to establish paternity in court no later than 15 days after the birth of a child; or (3) Has filed with the putative father registry a notice of intent to claim paternity or an acknowledgment of paternity and has filed an action to establish paternity in court no later than 15 days after the birth of a child. SECTION 453.040 A man whose consent to adoption is not required under Sections 453.030 and 453.040 waives his right to intervene in an action for termination of parental rights, for adoption or to file a paternity action for a child after a petition for adoption or termination of parental rights has been filed unless he can establish that he previously developed a consistent and substantial relationship with the child, including by providing: (1) Consistent prenatal financial support; (2) Consistent payment of prenatal and natal medical care for the mother and baby; (3) Consistent child support payments commensurate with his ability to pay; (4) Consistent contact and visitation with the child; and (5) Assistance with educational and medical care of the child. SECTION 453.045 These provisions are substantially similar to HCS/HBs 1258,1259 & 1260 (2012). ADOPTION INVESTIGATIONS This act adds a licensed professional counselor to the list of those authorized to conduct a full investigation into whether an individual is suitable as an adoptive parent for a child. This provision is identical to HB 1032 (2012). REVIEW OF INVESTIGATIONS PRIOR TO FINAL ADOPTION HEARING This act requires a court conducting a final adoption hearing to determine whether the court has received and reviewed a full adoption and placement investigation report required under Section 453.070 and any investigation and social study required under Section 211.455, in termination of parental rights cases regarding the best of interest of the child. SECTION 453.080.1 This provision is identical to HB 1088 (2012). POST ADOPTION CONTRACT AGREEMENT Prospective adoptive parents and the parents of a prospective adoptee may enter into a written post adoption contract agreement to allow contact after the adoption between parents, siblings, or other relatives of the adoptee and the adoptee and the adoptive parents. Any agreement is at the discretion of the adoptive parents, must be in writing and signed by the parties to the agreement, and must be made part of the court record. The court shall enforce an agreement unless to do so is not in the best interest of the adoptee. SECTION 453.080.4 This provision is identical to HB 1994 (2012) and to HCS/HB 1137 (2012). STANDARDIZED CHECKLIST FOR COURTS IN ADOPTION CASES By July 1, 2013, the Missouri Supreme Court shall develop a standardized form to be used in all adoption cases which includes a checklist to verify whether all of the documents and required procedures have been submitted, followed, and reviewed by the judge prior to entering a final order. Such form shall include attachment of any written reports or assessments and the signature of the judge attesting to the submission and review of such form and attachments prior to entering a final order. Such form and attachments shall be included as part of the adoption record. SECTION 453.080.5 This provision is identical to HB 1088 (2012). ORIGINAL BIRTH CERTIFICATES Effective for all adoptions completed after August 28, 2012, this act allows an adopted person who is eighteen and born in Missouri or the adopted person's lineal descendants if the adopted person is deceased to obtain a copy of his or her original birth certificate from the State Registrar, unless the birth mother or birth father object to the release of the birth certificate on a form provided by the court prior to the entry of the adoption decree. No adoption decree shall be entered in this state until the birth mother and birth father, unless the birth father is unknown or refuses to do so, have been afforded the opportunity to communicate their individual wishes as to disclosure of the original birth certificate. For adoptions completed before August 28, 2012, or for adoptions completed after August 28, 2012, where the birth mother or birth father have previously objected to release of the original birth certificate through a contact preference form, an adopted person who is eighteen, born in this state, and provides proof of identification or the adopted person's lineal descendants if the adopted person is deceased may request that the Department of Social Services make reasonable efforts to notify the birth parents of the request of the adopted person to obtain a copy of the original birth certificate. If the department does not have sufficient information or resources to locate and make contact with the birth parents, the department may refer the adopted person to, or work in conjunction with, a child placing agency or the court. The department, the child placing agency, or the court may charge actual costs to the adopted person for the cost of attempting to contact the birth parents. If the birth parents consent, either the department, child-placing agency or court personnel is required to obtain a notarized form provided by the court and signed by the birth parents giving such consent. The adopted person may obtain a copy of the original birth certificate from the State Registrar upon presenting the notarized consent form. If the birth parents do not consent, the copy of the original birth certificate will not be released. Three years after their last request, the adopted person may request that the department contact the birth parents again. Upon the birth parent's deaths, an adopted person may obtain a copy of his or her original certificate of birth from the State Registrar. Any copy of an original birth certificate obtained under the provisions of this act, shall be an uncertified copy of the unaltered, original birth certificate and shall be labeled as "for informational purposes only-not to be used for establishing identity." SECTIONS 453.510 AND 453.515 These provisions are identical to HB 1137 (2012) and HB 427 (2011). ADRIANE CROUSE HA 1- REQUIRES THE CHILD TO BE ADOPTED TO HAVE RESIDED IN THE COUNTY FOR AT LEAST 90 DAYS PRIOR TO THE FILING OF THE ADOPTION PETITION.