MISSOURI STATUTES OF CHILD ABUSE/ NEGLECT, CHILD WELFARE, & ADOPTION:
STATE STATUTES results of MISSOURIi
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Mo. Ann. Stat. § 352.400 (LexisNexis through 5/7/07)
''Minister'' means any person while practicing as a minister of the gospel, clergyperson, priest, rabbi, Christian Science practitioner, or other person serving in a similar capacity for any religious organization who is responsible for or who has supervisory authority over one who is responsible for the care, custody, and control of a child or who has access to a child.
When a minister or designated agent has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect under circumstances required to be reported, the minister or designated agent shall immediately report or cause a report to be made.
Notwithstanding any other provision of this section or any section of the reporting laws, a minister shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.
Citation: Mo. Ann. Stat. § 210.115 (LexisNexis through 5/7/07)
When any...minister, as provided by § 352.400, has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions of circumstances that would reasonably result in abuse or neglect, that person shall immediately report or cause a report to be made to the division.
Citation: Mo. Ann. Stat. § 210.140 (LexisNexis through 5/7/07)
Any legally recognized privileged communication, except that between attorney and client, or involving communications made to a minister or clergyman, shall not apply to situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required or permitted, to cooperate with the division in any of its activities, or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.
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Cross-Reporting Among Responders to Child Abuse and Neglect
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Mo. Ann. Stat. § 210.145(4), (5), (10) (LexisNexis through Mo. 2007 Legis. Serv., SB 25)
The local office shall contact the appropriate law enforcement agency immediately upon receipt of a report that division personnel determine merits an investigation and provide such agency with a detailed description of the report received. In such cases, the local division office shall request the assistance of the local law enforcement agency in all aspects of the investigation of the complaint. The appropriate law enforcement agency shall either assist the division in the investigation or provide the division, within 24 hours, an explanation in writing detailing the reasons why it is unable to assist.
The local office of the division shall cause an investigation or family assessment and services approach to be initiated in accordance with the protocols established in § 210.145(2), except in cases where the sole basis for the report is educational neglect…. If the report indicates the child is in danger of serious physical harm or threat to life, an investigation shall include direct observation of the subject child within 24 hours of the receipt of the report. Local law enforcement shall take all necessary steps to facilitate such direct observation.
Multidisciplinary teams shall be used whenever conducting the investigation as determined by the division in conjunction with local law enforcement. Multidisciplinary teams shall be used in providing protective or preventive social services, including the services of law enforcement, a liaison of the local public school, the juvenile officer, the juvenile court, and other agencies, both public and private.
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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Ann. Stat. § 210.110
Abuse means any physical injury inflicted on a child by other than accidental means by those responsible for the child's care, custody, and control.
Neglect
Citation: Ann. Stat. § 210.110
Neglect means failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary support, education as required by law, nutrition, or medical, surgical, or any other care necessary for the child's well-being.
Sexual Abuse
Citation: Ann. Stat. § 210.110
Abuse includes sexual abuse.
Emotional Abuse
Citation: Ann. Stat. § 210.110
Abuse includes emotional abuse inflicted on a child by those responsible for the child's care, custody, and control.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Ann. Stat. § 210.110
A report is required when it appears that the child suffers from injury inflicted by other than accidental means.
Persons Responsible for the Child
Citation: Ann. Stat. § 210.110
Those responsible for the care, custody, and control of the child includes, but is not limited to:
The parents or guardian of a child
Other members of the child's household
Those exercising supervision over a child for any part of a 24-hour day
Any adult who, based on relationship to the parents of the child, members of the child's household, or the family, has access to the child
Exceptions
Citation: Ann. Stat. §§ 210.110; 210.115
Discipline, including spanking, administered in a reasonable manner, shall not be considered abuse.
Any child who does not receive specified medical treatment by reason of the legitimate practice of the religious belief of the child's parents, guardian, or others legally responsible for the child, for that reason alone, shall not be found to be an abused or neglected child.
The division may accept reports concerning such a child and may subsequently investigate or conduct a family assessment as a result of that report.
This exception shall not limit the administrative or judicial authority of the State to ensure that medical services are provided to the child when the child's health requires it.
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Definitions of Domestic Violence
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Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. § 455.010
''Abuse'' includes, but is not limited to, the occurrence of any of the following acts, attempts, or threats against a person who may be protected pursuant to §§ 455.010 to 455.085:
''Assault,'' which means purposely or knowingly placing or attempting to place another in fear of physical harm
''Battery,'' which means purposely or knowingly causing physical harm to another with or without a deadly weapon
''Coercion,'' which means compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage
''Harassment,'' which means engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult and serves no legitimate purpose that causes a reasonable adult to suffer substantial emotional distress, including, but is not limited to:
Following another about in a public place or places
Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity
''Sexual assault,'' which means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress
''Unlawful imprisonment,'' which means holding, confining, detaining, or abducting another person against that person's will
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Ann. Stat. §§ 565.072; 565.073; 565.074
A person commits the crime of ''domestic assault in the first degree'' if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to any person defined in § 455.010.
A person commits the crime of ''domestic assault in the second degree'' if the act involves a person defined in § 455.010, and he or she:
Attempts to cause or knowingly causes physical injury to such person by any means, including, but not limited to, by use of a deadly weapon or dangerous instrument, or by choking or strangulation
Recklessly causes serious physical injury to such person
Recklessly causes physical injury to such person by means of any deadly weapon
A person commits the crime of ''domestic assault in the third degree'' if the act involves a person defined in § 455.010, and:
The person attempts to cause or recklessly causes physical injury to such person.
With criminal negligence, the person causes physical injury by means of a deadly weapon or dangerous instrument.
The person purposely places the other person in apprehension of immediate physical injury by any means.
The person recklessly engages in conduct that creates a grave risk of death or serious physical injury.
The person knowingly causes physical contact with the family or household member knowing the other person will regard the contact as offensive.
The person knowingly attempts to cause or causes the isolation of the other person by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices, or transportation for the purpose of isolation.
Persons Included in the Definition
Citation: Ann. Stat. §§ 455.010; 565.063
[In civil law] ''Family'' or ''household member'' means spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and adults who have a child in common regardless of whether they have been married or have resided together at any time.
[In criminal law] ''Family'' or ''household member'' means spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, and adults who have a child in common regardless of whether they have been married or have resided together at any time.
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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Ann. Stat. § 210.150
The Children's Division shall ensure the confidentiality of all reports and records maintained by the division, its local offices, the central registry, and other appropriate persons, officials, and institutions.
To protect the rights of the family and the child named in the report as a victim, the Children's Division shall establish guidelines that will ensure that any disclosure of information concerning the abuse and neglect involving that child is made only to persons or agencies that have a right to such information.
Persons or Entities Allowed Access to Records
Ann. Stat. § 210.150
Only the following persons shall have access to investigation records contained in the central registry:
Appropriate Federal, State, or local criminal justice agency personnel
A physician who reasonably believes that the child being examined may be abused or neglected
Appropriate staff of the division and of its local offices, including interdisciplinary teams
Any child named in the report as a victim, or a legal representative, or the parent, if not the alleged perpetrator, or guardian of such person when such person is a minor
Any alleged perpetrator named in the report
A grand jury, juvenile officer, prosecuting attorney, or law enforcement officer involved in the investigation of child abuse or neglect
A juvenile court or other court
Other Federal, State, and local government entities
Any person engaged in bona fide research
Any child fatality review panel
Appropriate staff of the division
Appropriate criminal justice agency personnel or juvenile officer
Multidisciplinary agency
An individual including a physician or physician's designee who is providing services to the child or family
When Public Disclosure of Records is Allowed
Citation: Ann. Stat. § 210.150
Nothing in this section shall preclude the release of findings or information about cases that resulted in a child fatality or near fatality. Such release is at the sole discretion of the director of the Department of Social Services, based upon a review of the potential harm to other children within the immediate family.
Use of Records for Employment Screening
Citation: Ann. Stat. § 210.150
The following may request an examination of the central registry:
Any child care facility, child-placing agency, residential care facility, including group homes, juvenile courts, public or private schools, or any other public or private agency exercising temporary supervision over a child or providing or having care or custody of a child, for all employees, volunteers, or prospective employees and volunteers who do or will provide services or care to children
Any agency or business that provides training and places or recommends people for employment or for volunteers in positions where they will provide services or care to children
Any parent or legal guardian about a specific person or child care facility who does or may provide services or care to his or her child
Any person who inquires about a specific child care facility, child-placing agency, residential care facility, public and private schools, juvenile court, or other State agency
Any State agency regarding a license of any person, institution, or agency that provides care for or services to children
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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Ann. Stat. § 210.145
The Division of Family Services shall establish and maintain an information system operating at all times, capable of receiving and maintaining reports.
Purpose
Citation: Ann. Stat. § 210.145
The information system shall have the ability to receive reports over a single, statewide toll-free number.
Contents
Citation: Ann. Stat. § 210.145
The information system shall contain:
The results of all investigations, family assessments, and services
Identifying information on the subjects of the report and those responsible for the care of the child
Other relevant dispositional information
Maintenance
Citation: Ann. Stat. §§ 210.145; 210.152
The information system shall be updated within 30 days of the oral report, at regular intervals during the investigation, and at the completion of an investigation. For investigation reports in the central registry, identifying information shall be retained by the division.
For investigation reports made by a mandated reporter where insufficient evidence of abuse or neglect is found, identifying information shall be retained for 5 years from the conclusion of the investigation. For all other investigation reports where there is insufficient evidence, identifying information shall be retained for 2 years.
For reports where a family assessment and services approach was used, identifying information shall be retained by the division. For reports in which the division was unable to locate the child, identifying information shall be retained for 10 years from the date of the report.
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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Mo. Stat. Ann. § 210.135 (LexisNexis through 9-2-08)
Statute:
Any person, official, or institution complying with the provisions of the reporting laws in making a report; taking color photographs and/or making radiologic examinations...; removing or retaining a child pursuant to statute; or cooperating with the division or any other law enforcement agency, juvenile office, court, or child-protective service agency of this or any other State; in any activities pursuant to statute or any other allegation of child abuse, neglect, or assault shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.
However, any person, official, or institution intentionally filing a false report, or acting in bad faith or with ill intent, shall not have immunity from any liability, civil or criminal.
Any such person, official, or institution shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.
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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Ann. Stat. § 210.115
When a mandated reporter has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect, that person shall immediately cause an oral report to be made to the Children's Division of the Department of Social Services.
Content of Reports
Citation: Ann. Stat. § 210.130
Reports shall contain the following information:
The names and addresses of the child, the child's parents, or other persons responsible for the child's care
The child's age, sex, and race
The nature and extent of the child's injuries, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect to the child or the child’s siblings
The name, age, and address of the person responsible for the child's injuries, if known
Family composition
The source of the report
The name, address, occupation, and contact information of the reporter
Actions taken by the reporter
Any other information that might be helpful
Special Reporting Procedures
Suspicious Deaths
Citation: Ann. Stat. § 210.115
Any mandated reporter who has probable cause to suspect that a child has died as a result of abuse or neglect shall report that fact to the medical examiner or coroner.
Substance-Exposed Infants
Citation: Ann. Stat. § 191.737
Any physician or health-care provider may refer to the Department of Health and Senior Services families in which children may have been exposed to a controlled substance or alcohol, as evidenced by:
Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure at birth
Results of a confirmed toxicology test performed on the mother or the child at the child’s birth
A written assessment made by a physician, health-care provider, or the Division of Family Services that documents the child as being at risk of abuse or neglect
Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required by the provisions of § 210.115.
Screening Reports
Citation: Ann. Stat. § 210.145; Code of Regs. Tit. 13, § 35-20.010
The division shall utilize structured decision-making protocols for classification purposes of all child abuse and neglect reports. The protocols developed by the division shall give priority to ensuring the well-being and safety of the child. All child abuse and neglect reports shall be initiated within 24 hours and shall be classified based upon the reported risk and injury to the child.
The local office shall contact the appropriate law enforcement agency immediately upon receipt of a report that division personnel determine merits an investigation and provide such agency with a detailed description of the report received. In such cases the local division office shall request the assistance of the local law enforcement agency in all aspects of the investigation.
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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Rev. Stat. §§ 210.115; 568.110; 352.400
Professionals required to report include:
Physicians, medical examiners, coroners, dentists, chiropractors, optometrists, podiatrists, residents, interns, nurses, hospital and clinic personnel, or other health practitioners
Daycare center workers or other child care workers, teachers, principals, or other school officials
Psychologists, mental health professionals, social workers
Ministers including clergypersons, priests, rabbis, Christian Science practitioners, or other persons serving in a similar capacity for any religious organization
Juvenile officers, probation, parole officers, peace officers, law enforcement officials, or jail or detention center personnel
Other persons with responsibility for the care of children
Commercial film and photographic print processors, computer providers, installers, or repair persons, or Internet service providers
Reporting by Other Persons
Citation: Rev. Stat. § 210.115
Any other person who has reasonable cause to suspect that a child has been subjected to abuse or neglect may report.
Standards for Making a Report
Citation: Rev. Stat. §§ 210.115; 568.110
A report is required when:
A reporter has reasonable cause to suspect that a child has been subjected to abuse or neglect.
A reporter observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.
A commercial film and photographic print processor has knowledge of or observes any film, photograph, videotape, negative, slide, or computer-generated image or picture depicting a child engaged in an act of sexual conduct.
Privileged Communications
Citation: Rev. Stat. § 210.140
Only the attorney-client or clergy-penitent privilege may be grounds for failure to report.
Inclusion of Reporter's Name in Report
Citation: Rev. Stat. § 210.130
The report must include the name, address, occupation, and contact information for the person making the report.
Disclosure of Reporter Identity
Citation: Rev. Stat. § 210.150
The names or other identifying information of reporters shall not be furnished to any child, parent, guardian, or alleged perpetrator named in the report.
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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Mo. Ann. Stat. § 568.045 (LexisNexis through 2008 2nd Reg. Sess.)
Statute Text:
A person commits the crime of endangering the welfare of a child in the first degree if:
The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child younger than age 17.
Such person enlists the aid, either through payment or coercion, of a person younger than age 17 to unlawfully manufacture, compound, produce, prepare, sell, transport, test, or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues.
Such person, in the presence of a person younger than age 17 or in a residence where a person younger than age 17 resides, unlawfully manufactures, or attempts to manufacture, compounds, produces, prepares, sells, transports, tests, or analyzes amphetamine or methamphetamine or any of their analogues.
Endangering the welfare of a child in the first degree is a Class C felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a Class B felony.
Citation: Mo. Ann. Stat. § 191.737(1)-(3), (5) (LexisNexis through 2008 2nd Reg. Sess.)
Statute Text:
Notwithstanding the physician-patient privilege, any physician or health-care provider may refer to the Department of Health families in which children may have been exposed to alcohol or a controlled substance as defined by law as evidenced by:
Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure in the child at birth
Results of a confirmed toxicology test for controlled substances performed at birth on the mother or the child
A written assessment made or approved by a physician, health-care provider, or the Division of Family Services that documents the child as being at risk of abuse or neglect
Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to the provisions of the reporting laws.
Upon notification, the Department of Health and Senior Services shall offer service coordination services to the family. The department shall coordinate social services, health care, mental health services, and needed education and rehabilitation services. Service coordination services shall be initiated within 72 hours of notification. The Department of Health and Senior Services shall notify the Department of Social Services and the Department of Mental Health within 72 hours of initial notification.
Referral and associated documentation provided for in this section shall be confidential and shall not be used in any criminal prosecution.
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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
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Failure to Report
Ann. Stat. § 210.165(1)
Any person violating any provision of the reporting laws is guilty of a Class A misdemeanor.
False Reporting
Ann. Stat. § 210.165(2)-(3)
Any person who intentionally files a false report of child abuse or neglect shall be guilty of a Class A misdemeanor.
Every person who has been previously convicted of making a false report to the Division of Family Services and who is subsequently convicted of making a false report is guilty of a Class D felony and shall be punished as provided by law.
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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Ann. Stat. § 210.152
Within 90 days after receipt of a report of abuse or neglect that is investigated, the alleged perpetrator named in the report and the parents of the child named in the report, if the alleged perpetrator is not a parent, shall be notified in writing of any determination made by the division based on the investigation. The notice shall advise either:
That the Division of Family Services has determined by a probable cause finding (prior to August 28, 2004) or by a preponderance of evidence (after August 28, 2004) that abuse or neglect exists and that the division shall retain all identifying information regarding the abuse or neglect; that such information shall remain confidential and will not be released except to law enforcement agencies or prosecuting or circuit attorneys or as provided in § 210.150; that the alleged perpetrator has 60 days from the date of receipt of the notice to seek reversal of the division's determination through a review by the child abuse and neglect review board
That the division has not made a probable cause finding or determined by a preponderance of the evidence that abuse or neglect exists
Any person named in an investigation as a perpetrator who is aggrieved by a determination of abuse or neglect by the division may seek an administrative review by the child abuse and neglect review board. Such a request for review shall be made within 60 days of notification of the division's decision. In those cases where criminal charges arising out of facts of the investigation are pending, the request for review shall be made within 60 days from the court's final disposition or dismissal of the charges.
In any action for administrative review, the child abuse and neglect review board shall sustain the division's determination if such determination was supported by evidence of probable cause prior to August 28, 2004, or is supported by a preponderance of evidence after August 28, 2004, and is not against the weight of such evidence. The child abuse and neglect review board hearing shall be closed to all persons except the parties, their attorneys, and those persons providing testimony on behalf of the parties.
If the alleged perpetrator is aggrieved by the decision of the child abuse and neglect review board, the alleged perpetrator may seek de novo judicial review in the circuit court. The request for a judicial review shall be made within 60 days of notification of the decision of the child abuse and neglect review board. In reviewing such decisions, the circuit court shall provide the alleged perpetrator the opportunity to appear and present testimony. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter.
In such action for administrative review, the child abuse and neglect review board shall notify the child or the parent, guardian, or legal representative of the child that a review has been requested.
When Records Must Be Expunged
Ann. Stat. § 210.152
CHILD WELFARE:
Case Planning for Families Involved With Child Welfare Agencies
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When Case Plans Are Required
Citation: Ann. Stat. § 210.112
Contracts [for services]…shall require that a case management plan consistent with all relevant Federal guidelines be developed for each child at the earliest time after the initial investigation, but in no event longer than 14 days after the initial investigation or referral for services by the division. The case management plan shall be presented to the court and be the foundation of service delivery to the child and family.
Who May Participate in the Case Planning Process
Citation: Ann. Stat. § 210.110
A family support team meeting [will be] convened by the division or children's services provider on behalf of the family and/or child for the purpose of determining service and treatment needs, determining the need for placement, developing a plan for reunification or other permanency options, determining the appropriate placement of the child, evaluating case progress, and establishing and revising the case plan.
Contents of a Case Plan
Ann. Stat. § 210.112
The case management plan shall, at a minimum, include:
An outcome target based on the child and family situation achieving permanency or independent living, where appropriate
Services authorized and necessary to facilitate the outcome target
Timeframes in which services will be delivered
Necessary evaluations and reporting
In addition to any visits and assessments required under case management, services to be provided by a public or private children's services provider under the specific case management plan may include family-centered services, foster and adoptive parent recruitment and retention, residential care, in-home services, foster care services, adoption services, relative care case services, planned permanent living services, and family reunification services. In all cases, an appropriate level of services shall be provided to the child and family after permanency is achieved to assure a continued successful outcome.
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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Mo. Ann. Stat. § 211.183(9) (LexisNexis through 8-23-07)
Statute Text:
The division may concurrently engage in reasonable efforts, as described in this section, while engaging in such other measures as are deemed appropriate by the division to establish a permanent placement for the child.
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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Ann. Stat. §§ 210.710; 210.720
A dispositional hearing to review the status of the child shall be held within 6 months.
A permanency hearing shall be held within 12 months of the initial placement and at least annually thereafter.
Persons Entitled to Attend Hearings
Citation: Ann. Stat. §§ 210.710; 210.761
The child and the child's parent, guardian, or relative may be present at the hearing.
Any person who has provided foster care to a child at any time in a 2-year period prior to any hearing concerning the child shall be allowed to testify at such hearing. The court may limit such testimony to evidence the court finds relevant and material.
Determinations Made at Hearings
Citation: Ann. Stat. §§ 210.710; 210.720
The purpose of the dispositional hearing shall be to determine whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian, or relative, or whether or not proceedings should be instituted to terminate parental rights and legally free such child for adoption.
The permanency hearing shall be for the purpose of determining, in accordance with the best interests of the child, a plan for the permanent placement of the child.
At the permanency hearing, the court shall consider all relevant factors including:
The interaction and interrelationship of the child with the child's foster parents, parents, siblings, and any other person who may significantly affect the child's best interests
The child's adjustment to his or her foster home, school, and community
The mental and physical health of all individuals involved, including any history of abuse of any individuals involved
The needs of the child for a continuing relationship with the child's parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child
Permanency Options
Citation: Ann. Stat. § 210.710
Placement options for the child include:
Return to the parent, guardian, or relative
Termination of parental rights and placement for adoption
Continuation in foster care
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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Rev. Stat. § 210.487; Code of State Reg. Tit. 13, § 40-59.030
A fingerprint-based FBI and State criminal records check is required for any person over age 17 in the prospective foster parent's household and for any child less than age 17 residing in the prospective foster parent's household who the family support division has determined has been certified as an adult for the commission of a crime.
The investigation shall also determine whether any person over age 17 residing in the home is listed on the child abuse and neglect registry.
The total cost of fingerprinting required by this section may be paid by the State, including reimbursement of persons incurring fingerprinting costs under this section.
[The following information is taken from the Code of State Regulations.] All foster and relative care providers, prior to being granted licensure, approval, or certification status, shall submit to the division an application for background screening and investigation.
The division shall conduct the background screening and investigation. Information obtained regarding harmful acts to a child is provided to local division staff who are completing the home study.
Findings of harmful acts do not automatically preclude approval. The relevance of the findings to child-caring responsibilities will be determined by division staff.
Requirements for Adoptive Parents
Citation: Rev. Stat. § 453.070(3); Code of State Reg. Tit. 13, § 40-59.030
A criminal background check is required for a prospective adoptive parent.
[The following information is taken from the Code of State Regulations.] All adoptive parents, prior to being granted approval status, shall submit to the division an application for background screening and investigation.
The division shall conduct the background screening and investigation. Information obtained regarding harmful acts to a child is provided to local division staff who are completing the home study.
Findings of harmful acts do not automatically preclude approval. The relevance of the findings to child-caring responsibilities will be determined by division staff.
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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Mo. Ann. Stat. § 211.443 (LexisNexis 2007)
Statute Text:
The provisions of this section shall be construed so as to promote the best interests and welfare of the child as determined by the juvenile court in consideration of the following:
The recognition and protection of the constitutional rights of all parties in the proceedings
The recognition and protection of the birth family relationship when possible and appropriate
The entitlement of every child to a permanent and stable home
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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Ann. Stat. § 211.447
A petition to terminate the parental rights shall be filed when:
The child has been in foster care for at least 15 of the most recent 22 months.
A court has determined the child to be an abandoned infant.
The parent has:
Committed murder or voluntary manslaughter of another child of the parent
Aided or abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter
Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent
The child has been abandoned.
The parent has abused or neglected the child, based on any of the following:
A mental condition or chemical dependency that renders the parent unable to care for the child
A severe act or recurrent acts of physical, emotional, or sexual abuse toward the child or any child in the family, including an act of incest
Repeated or continuous failure by the parent, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education
The child has been in out-of-home care for 1 year, and the parent has failed to comply with the terms of a case plan designed to reunify the parent with the child.
The parent has been found guilty of a sexual offense or incest and the victim was the child or any child in the family.
The child was conceived and born as a result of an act of forcible rape by a a biological parent.
The parent is unfit because of a consistent pattern of committing a specific abuse, including but not limited to, domestic abuse, child abuse, or drug abuse before the child.
The parent's parental rights to one or more other children were involuntarily terminated within the immediately preceding 3 years.
Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Stat. § 211.447
Even when grounds exist for termination of parental rights, the juvenile officer or the division is not required to file a petition to terminate the parental rights of the child's parent or parents if:
The child is being cared for by a relative.
There exists a compelling reason for determining that filing such a petition would not be in the best interest of the child, as documented in the permanency plan.
The family of the child has not been provided the services required for making reasonable efforts to preserve the family.
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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Ann. Stat. § 210.950
A child who is no more than 1 year old may be relinquished.
Who May Relinquish the Infant
Ann. Stat. § 210.950
The child may be relinquished by his or her biological parent.
Who May Receive the Infant
Ann. Stat. § 210.950
The child may be released to the physical custody of any of the following persons:
An employee, agent, or member of the staff of any hospital, in a health-care provider position, or on duty in a nonmedical paid or volunteer position
A firefighter or emergency medical technician on duty in a paid position or on duty in a volunteer position
A law enforcement officer
Responsibilities of the Safe Haven Provider
Ann. Stat. § 210.950
A safe haven provider shall, without a court order, take physical custody of a child the person reasonably believes to be no more than age 1 and is delivered in accordance with this section by a person purporting to be the child's parent. If delivery of a newborn is made in any place other than a hospital, the person taking physical custody of the child shall arrange for the immediate transportation of the child to the nearest hospital.
The hospital shall perform treatment in accordance with the prevailing standard of care as necessary to protect the physical health or safety of the child.
The hospital shall notify the Division of Family Services and the local juvenile officer upon receipt of a child. The local juvenile officer shall immediately begin protective custody proceedings and request the child be made a ward of the court during the child's stay in the medical facility. Upon discharge of the child from the medical facility and pursuant to a protective custody order ordering custody of the child to the division, the Division of Family Services shall take physical custody of the child.
When a nonrelinquishing parent inquires at a hospital regarding the child, such facility shall refer the nonrelinquishing parent to the Division of Family Services and the juvenile court exercising jurisdiction over the child.
Immunity for the Provider
Ann. Stat. § 210.950
A safe haven provider shall be immune from civil, criminal, and administrative liability for accepting physical custody of a child pursuant to this section if such persons accept custody in good faith. Such immunity shall not extend to any acts or omissions, including negligent or intentional acts or omissions, occurring after the acceptance of such child.
Protection for Relinquishing Parent
Ann. Stat. § 210.950
A parent shall not be prosecuted for child abandonment or endangering the welfare of a child for actions related to the voluntary relinquishment of a child up to 5 days old. It shall be an affirmative defense to prosecution for child abandonment or endangering the welfare of a child that a parent who is a defendant voluntarily relinquished a child no more than age 1 if:
Expressing intent not to return for the child, the parent voluntarily delivered the child safely to the physical custody of any safe haven provider.
The child was no more than age 1 when delivered by the parent to a safe haven provider.
The child had not been abused or neglected by the parent prior to such voluntary delivery.
Effect on Parental Rights
Ann. Stat. § 210.950
The parent's voluntary delivery of the child in accordance with this section shall constitute the parent's implied consent to any such act and a voluntary relinquishment of such parent's parental rights.
In any termination of parental rights proceeding initiated after the relinquishment of a child, the juvenile officer shall make public notice that a child has been relinquished, including the sex of the child, and the date and location of such relinquishment. Within 30 days of such public notice, the nonrelinquishing parent wishing to establish parental rights shall identify himself or herself to the court and state his or her intentions regarding the child.
The court shall initiate proceedings to establish paternity, or if no person identifies himself as the father within 30 days, maternity. The juvenile officer shall make examination of the putative father registry to determine whether attempts have previously been made to preserve parental rights to the child. If such attempts have been made, the juvenile officer shall make reasonable efforts to provide notice of the abandonment of the child to such putative father.
If a parent of a child has relinquished custody of the child to a safe haven provider, the nonrelinquishing parent shall take such steps necessary to establish parentage within 30 days after notice has been provided. If a nonrelinquishing parent fails to establish parentage within the 30-day period, the nonrelinquishing parent may have all of his or her rights terminated with respect to the child.
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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes: www.moga.mo.gov/STATUTES/STATUTES.HTM
Citations:
Adoption: Title XXX, Chapter 453
Child Protection: Title XII, Chapter 210, §§ 210.109 through 210.166
Child Welfare: Title XII, Chapter 210, §§ 210.481 through 210.566; Chapter 211, §§ 211.171 through 211.183; 211.442 through 211.477
Regulation/Policy
Website for Administrative Code: www.sos.mo.gov/adrules/csr/csr.asp
Note:
See Title 13, Divisions 35, 40
Other Resources
Department of Social Services, Children's Division
Child Welfare Manual
http://dss.mo.gov/cd/info/cwmanual/
Memorandums
http://dss.mo.gov/cd/info/memos/
Guidelines for Mandated Reporters of Child Abuse and Neglect
http://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf (PDF - 402 KB)
Missouri Resource Parent Handbook
http://dss.mo.gov/cd/fostercare/pdf/fcresource.pdf (PDF - 2130 KB)
What's It All About? A Guidebook for Youth in Out-of-Home-Care
http://dss.mo.gov/cd/chafee/wiaa.pdf (PDF - 255 KB)
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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Ann. Stat. § 210.565
Whenever a child is placed in a foster home, the Division of Family Services shall give preference and first consideration for foster home placement to relatives of the child. Grandparents will be given first preference.
A relative is a person related to another by blood or affinity within the third degree. The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or daughter.
Requirements for Placement with Relatives
Citation: Ann. Stat. § 210.565
The placement preference only applies when the court finds that the placement would not be contrary to the best interests of the child, considering all circumstances.
Relatives Who May Adopt
Citation: Ann. Stat. § 453.072
A relative is any grandparent, aunt, uncle, adult sibling of the child, or adult first cousin of the child.
Requirements for Adoption by Relatives
Citation: Ann. Stat. § 453.072
Any subsidies available to adoptive parents shall also be available to the 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.
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Ann. Stat. § 211.183
''Reasonable efforts'' mean the exercise of reasonable diligence and care by the division to utilize all available services related to meeting the needs of the juvenile and the family.
When Reasonable Efforts Are Required
Citation: Ann. Stat. § 211.183
Reasonable efforts must be made:
To prevent or eliminate the need for the removal of the child
After removal, to make it possible for the child to return home
When Reasonable Efforts Are NOT Required
Citation: Ann. Stat. § 211.183
The division shall not be required to make reasonable efforts, but has the discretion to make reasonable efforts, if the court has determined that:
The parent has subjected the child to severe or recurrent acts of physical, emotional, or sexual abuse, including an act of incest.
The parent has committed murder or voluntary manslaughter of another child of the parent, or aided, abetted, or attempted such act.
The parent has committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent.
The parent's parental rights to a sibling have been terminated involuntarily.
Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
Who Can Nominate a Standby Guardian
Citation: Ann. Stat. § 475.024
A parent of a minor, by a properly executed power of attorney, may delegate to another individual, for a period not exceeding 1 year, any of his or her powers regarding care or custody of the minor child, except his or her power to consent to marriage or adoption of the minor child.
How to Establish a Standby Guardian
Citation:
This issue is not addressed in the statutes reviewed.
How Standby Authority is Activated
Citation:
This issue is not addressed in the statutes reviewed.
Involvement of the Noncustodial Parent
Citation:
This issue is not addressed in the statutes reviewed.
Authority Relationship of the Parent and the Standby
Citation:
This issue is not addressed in the statutes reviewed.
Withdrawing Guardianship Citation:
This issue is not addressed in the statutes reviewed.
For investigation reports where there is insufficient evidence of abuse or neglect, and the Division of Family Services determines that the allegation was made maliciously, for purposes of harassment, or in retaliation for the filing of a report, identifying information shall be expunged within 45 days from the conclusion of the investigation.
For investigation reports initiated by a mandated reporter, where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for 5 years from the conclusion of the investigation.
For all other reports where there is insufficient evidence, identifying information shall be retained for 2 years. At the end of such time, the identifying information shall be removed from the records of the division and destroyed.
For reports in which the division is unable to locate the child alleged to have been abused or neglected, identifying information shall be retained for 10 years from the date of the report and then shall be removed from the records of the division.
ADOPTION:
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Ann. Stat. § 453.121
Nonidentifying information is available to:
The adoptive parents
The child's legal guardians
The adult adoptee
Identifying information is available to the adult adoptee.
Access to Nonidentifying Information
Citation: Ann. Stat. § 453.121
Nonidentifying information, if known, concerning undisclosed birth parents or siblings shall be provided upon written request. Nonidentifying information can include the physical description, nationality, religious background, and medical history of the birth parents or siblings.
Mutual Access to Identifying Information
Citation: Ann. Stat. § 453.121
An aedult adoptee may make a written request for information identifying his or her birth parents. If the birth parents have consented to the release of identifying information, the court shall disclose the information. If the birth parents have not consented, the court shall notify in writing, within 10 days of receipt of the request, the adoptive parents and the child-placing agency or court personnel having access to the information. For adoptions completed prior to 8-13-1986, the adoptive parents must consent to contacting the birth parents unless there is proof that the adoptive parents are deceased or incapacitated.
If the agency or court is unable to notify the birth parent within 3 months, the identifying information shall not be disclosed to the adult adoptee. If an affidavit executed by a birth parent authorizing the release of information is filed with the court, the court shall disclose the identifying information.
An adult adoptee may request identifying information about an adult sibling when such information is necessary for urgent health-related purposes. Identifying information pertaining exclusively to the adult sibling shall be released only upon consent of that adult sibling.
The department shall maintain a registry for birth parents, adult siblings, and adult adoptees to indicate their desire to be contacted by each other. At the time of registration, a birth parent or adult sibling may consent in writing to the release of identifying information to an adult adoptee. If such consent has not been executed and the division believes that a match has occurred, the division shall make confidential contact with the birth parents or adult siblings and with the adult adoptee. The birth parent, adult sibling, or adult adoptee may refuse to go forward with any further contact between the parties when contacted by the division.
Access to Original Birth Certificate
Citation: Ann. Stat. § 193.125
The State Registrar shall file the original certificate of birth with the certificate of decree of adoption and such file may be opened by the State Registrar only upon receipt of a certified copy of an order as decreed by the court of adoption.
Where the Information Can Be Located
Missouri Division of Family Services, Adoption Information Registry
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Ann. Stat. § 453.070
An assessment shall be made by:
The Division of Family Services
A juvenile court officer
A licensed child-placing agency
A licensed social worker
Another suitable person appointed by the court
Contents of Report About Person to be Adopted
Citation: Ann. Stat. § 453.070
The assessment shall determine whether the child:
Is suitable for adoption by the petitioner
Is a potential subsidy recipient
Contents of Report About Birth Parents
This issue is not addressed in the statutes reviewed.
Contents of Report About Adoptive Parents
Citation: Ann. Stat. § 453.070
The assessment shall include:
The condition of the petitioner's home
The petitioner's education level
The petitioner's financial, medical, marital, and psychological status
A criminal background check
A determination of whether the petitioner is suitable as a parent for the child
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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Rev. Stat. § 453.030
The written consent of the following persons shall be required:
The mother
Only the man who is presumed to be the father, if he has acted to establish paternity no later than 15 days after the birth of the child, or has filed with the putative father registry
The child's current adoptive parents or other legally recognized parent
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 453.030
A child who is age 14 or older must consent to the adoption, except where the court finds that the child lacks sufficient mental capacity.
When Parental Consent is not Needed
Citation: Rev. Stat. § 453.040
The consent to the adoption of a child is not required of:
A parent whose rights to the child have been terminated
A parent of a child who has legally consented to a future adoption of the child
A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition
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
A parent or other person who has not executed a consent and fails to respond to notice
A parent who has a mental condition that is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and that renders the parent unable to knowingly provide the child the necessary care, custody, and control
A parent who has for a period of at least 6 months for a child age 1 or older, or at least 60 days for a child under age 1, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least 6 months immediately prior to the filing of the petition for adoption, willfully, substantially, and continuously neglected to provide the child with necessary care and protection
When Consent Can Be Executed
Citation: Rev. Stat. § 453.030
The written consent of the birth mother shall not be executed anytime before the child is 48 hours old.
How Consent Must Be Executed
Citation: Rev. Stat. § 453.030
The written consent of the father or other parents 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. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding.
The written consent of the birth mother 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 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 written consents shall be reviewed and, if found to be in compliance with this section, approved by the court within 3 business days of such consents being presented to the court.
Revocation of Consent
Citation: Rev. Stat. § 453.030
Written consent may be withdrawn anytime until it has been reviewed and accepted by a judge.
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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Ann. Stat. § 453.010
The juvenile division of the circuit court has jurisdiction over adoption proceedings.
Venue
Citation: Ann. Stat. § 453.010
The adoption petition shall be filed in the county where:
The petitioner resides.
The child to be adopted was born.
The child is located at the time of the filing of the petition.
Either birth person resides.
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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Stat. § 453.170(2)
A decree issued in a foreign country in accord with the laws of that country will be recognized as if a State court had issued the decree if the foreign-born adopted person migrated to the U.S. with the permission of the U.S. Department of Justice and the U.S. Immigration and Naturalization Service.*
[*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]
Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 453.170(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 U.S. Department of Justice and the U.S. Immigration and Naturalization Service that 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.
Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 193.125(9)
The department, upon receipt of proof that a person has been adopted by a Missouri resident pursuant to laws of countries other than the United States, shall prepare a birth certificate in the name of the adopted person as decreed by the court of such country.
If such proof contains the surname of either adoptive parent, the Department of Health and Senior Services shall prepare a birth certificate as requested by the adoptive parents. Any subsequent change of the name of the adopted person shall be made by a court of competent jurisdiction. The proof of adoption required by the department shall include:
A copy of the original birth certificate and adoption decree
An English translation of the birth certificate and adoption decree
A copy of the approval of the immigration of the adopted person by the U.S. Immigration and Naturalization Service that shows the child lawfully entered the United States
The authenticity of the translation of the birth certificate and adoption decree shall be sworn to by the translator in a notarized document. The State Registrar shall file the documents relating to the adoption, and the documents may be opened by the State Registrar only by an order of a court.
A birth certificate shall be issued upon request of one of the adoptive parents or the adopted person if he or she is of legal age. The birth certificate prepared pursuant to the provisions of this subsection shall have the same legal weight as evidence as a delayed or altered birth certificate, as provided in §§ 193.005 to 193.325.
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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Ann. Stat. §§ 453.090; 474.060
When a child is adopted, all legal relationships and all rights and duties between such child and his or her birth parents shall cease.
If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and such birth parent.
Adoptive Parents in Relation to Adopted Person
Citation: Ann. Stat. §§ 453.090; 453.150
When a child is adopted, he or she shall be capable of inheriting from his or her parent(s) by adoption as fully as though born to them. The parent(s) by adoption shall be capable of inheriting from their adopted child as fully as though such child had been born to them. The adopted child shall be capable of inheriting from or taking through his or her parent(s) by adoption property limited expressly to heirs of the body of such parent(s) by adoption.
Any person adopted by deed of adoption or agreement of adoption in writing prior to 1917 shall hereafter be deemed and held to be for every purpose the child of his or her parent(s) 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.
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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
What may be included in postadoption contact agreements?
Citation: Ann. Stat. § 453.080(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.
Who may be a party to a postadoption contact agreement?
Citation: Ann. Stat. § 453.080(4)
The parties to the adoption may participate in the agreement.
What is the role of the court in postadoption contact agreements?
Citation: Ann. Stat. § 453.080(4)
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.
Are agreements legally enforceable?
This issue is not addressed in statutes reviewed.
How may an agreement be terminated or modified?
This issue is not addressed in statutes reviewed.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Ann. Stat. § 453.075(1)
Payment of the following expenses is permitted:
Counseling services for the parent or child for a reasonable time before and after the placement for adoption
Expenses incurred in obtaining a preplacement assessment and an assessment during the proceeding for adoption
Reasonable legal expenses, court costs, travel, and other administrative expenses in connection with the adoption
Reasonable living expenses, including food, shelter, utilities, transportation, and clothing expenses of the birth parents and child that are within the norms of the community in which the birth mother resides
Any other services or items the court finds reasonably necessary
Birth Parent Expenses Not Allowed
Citation: Ann. Stat. § 453.075(2)
The court may disallow:
Payments that the court finds unreasonable
Any unlawful payment in connection with the child's placement, as described in § 568.175
Allowable Payments for Arranging Adoption
Citation: Ann. Stat. § 568.175
It is a felony for any organization to engage in child trafficking by soliciting, offering, or giving money for the delivery of a child for adoption.
Allowable Payments for Relinquishing Child
Citation: Ann. Stat. § 568.175
It is a felony to give or receive anything of value for the execution of consent to adoption, or waiver of consent for future adoption or termination of parental rights.
Allowable Fees Charged by Department/Agency
Citation: Ann. Stat. § 453.070(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.
Accounting of Expenses Required by Court
Citation: Ann. Stat. § 453.075(1)
The petitioner must file with the court a signed and verified full accounting of all payments made, agreed to be made, or promised in connection with the adoption.
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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
Rev. Stat. §§ 210.817; 210.822
''Parent and child relationship'' means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
A man shall be presumed to be the natural father of a child if:
He and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated.
Before the child's birth, he and the child's natural mother have attempted to marry each other, although the attempted marriage is or may be declared invalid, and:
If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after its termination.
If the marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
After the child's birth, he and the child's natural mother have married or attempted to marry each other, although the marriage is or may be declared invalid, and:
He has acknowledged his paternity of the child in writing filed with the bureau.
With his consent, he is named as the child's father on the child's birth certificate.
He is obligated to support the child pursuant to a written voluntary promise or by court order.
An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is 98 percent or higher, using a prior probability of 0.5.
Putative father registry
Rev. Stat. § 192.016
The Department of Health and Senior Services shall establish a putative father registry that shall record the names and addresses of:
Any person adjudicated by a court of this State to be the father of a child born out of wedlock
Any person who has filed a notice of intent to claim paternity of the child with the registry before or after the birth of a child out of wedlock
Any person adjudicated by a court of another State or territory of the United States to be the father of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person
An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
Lack of knowledge of the pregnancy does not excuse the failure to file a claim of paternity in a timely manner pursuant to § 453.030. Failure to file in a timely manner shall result in the forfeiture of a man's right to withhold consent to an adoption proceeding unless:
The person was led to believe through the mother's misrepresentation or fraud that:
The mother was not pregnant, when in fact she was.
The pregnancy was terminated, when in fact the baby was born.
After the birth, the child died, when in fact the child is alive.
The person, upon the discovery of the misrepresentation or fraud, satisfied the requirements of § 453.030(3)(b) or (c) within 15 days of that discovery.
Alternate means to establish paternity
Rev. Stat. § 210.826
An action may be brought at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under § 210.822(1), by any of the following:
A child
The child's natural mother
A man presumed to be the child's father
A man alleging himself to be a father
Any person having physical or legal custody of a child for a period of more than 60 days
The Division of Child Support Enforcement
An action to determine the existence of the father and child relationship with respect to a child who has no presumed father may be brought by:
The child
The mother or the person who has legal custody of the child
Any person having physical or legal custody of a child for a period of more than 60 days
The Division of Child Support Enforcement
The personal representative or a parent of the mother if the mother has died
A man alleging himself to be the father
The personal representative or a parent of the alleged father if the alleged father has died or is a minor
Required Information
Rev. Stat. § 192.016
A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall file the acknowledgment affidavit form developed by the State registrar. The form shall include the minimum requirements prescribed by the Secretary of the United States Department of Health and Human Services pursuant to 42 U.S.C. Section 652(a)(7).
A person filing a notice of intent to claim paternity of a child shall notify the registry of any change of address.
Revocation of claim to paternity
Rev. Stat. § 192.016
A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed therewith and, upon receipt of such notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
Access to information
Rev. Stat. §§ 192.016; 453.014(1)
The department shall, upon request and within 2 business days of such request, provide the names and addresses of persons listed with the registry to:
Any court or authorized agency
The Division of Family Services of the Department of Social Services
A licensed child-placing agency
The child's parents
An intermediary, including an attorney, a physician, or a member of the clergy of the parents
Such information shall not be divulged to any other person, except upon order of a court for good cause shown.
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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
This issue is not addressed in the statutes reviewed.
Use of Intermediaries/Facilitators
Citation: Ann. Stat. §§ 568.175; 453.014
A person, agency, or other organization commits the crime of trafficking in children if he, she, or it offers, gives, receives, or solicits any money, consideration, or other thing of value for the delivery or offer of a child for adoption, or for the execution of a consent to future adoption. A crime is not committed under this section if the money, consideration, or thing of value or conduct is permitted under chapter 453, relating to adoption.
An intermediary, including a licensed attorney, a licensed physician, or a clergyman of the parents, may place a minor for adoption. The intermediary 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.
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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.
Who May Adopt
Citation: Ann. Stat. § 453.010
The following persons may adopt:
Any person, regardless of residence
A person who petitions jointly with his or her spouse
Who May Be Adopted
Citation: Ann. Stat. § 453.010
Any child may be adopted.
Who May Place a Child for Adoption
Citation: Ann. Stat. § 453.014
The child may be placed by any of the following:
The Division of Family Services of the Department of Social Services
A licensed child-placing agency
The child's parent(s) without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree
An intermediary, including an attorney, physician, or clergyman
.
