HCS SB 693 -- FOSTER CARE AND ADOPTION

SPONSOR:  Wilson (Davis)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Children and Families by a vote of 7 to 3.

This substitute changes the laws regarding the Office of the
Child Advocate, foster care placement, sibling placement, and
educational choices of foster parents; creates the Foster Care
and Adoptive Parents Recruitment and Retention Fund; and
establishes the Missouri State Foster Care and Adoption Board.

OFFICE OF THE CHILD ADVOCATE (Sections 37.710 and 37.715, RSMo)

The substitute gives the Office of the Child Advocate within the
Office of Administration the authority to:

(1)  Communicate privately with child care providers, health care
providers, and educational institutions providing treatment and
services to a child under protective services;

(2)  Join as a party to all court proceedings after making an
appearance in a court on the case of a child in protective
custody of the state and prepare independent recommendations to
the court after consulting with the juvenile office and guardian
ad litem and the court-appointed special advocate if one has been
appointed;

(3)  File any pleadings necessary in order to intervene on behalf
of a child at the appropriate judicial level using the resources
of the Office of the Attorney General; and

(4)  Convene meetings with the departments of Social Services and
Mental Health, the juvenile court, and juvenile officers and make
recommendations to them for necessary action.

The office is subject to the same disclosure restrictions and
confidentiality requirements that apply to the Children's
Division within the Department of Social Services regarding
information obtained during a child abuse and neglect
investigation except that any findings and recommendations
resulting from the investigation may be released upon request
with the names and other identifying information redacted.

The substitute requires the office to establish and implement
procedures for the resolution of complaints.  Currently, the
office is required to do this whenever it is possible.  The
office, at its discretion, must seek to be joined as a party to
the case of a child or children in the state's custody when it
feels that the action is necessary to ensure the health, safety,
welfare, or civil rights of the child.  A request for joining as
a party must be honored by the court with jurisdiction in the
case.

The annual detailed report on the work of the office that is to
be submitted to the Governor, General Assembly, and Missouri
Supreme Court must also include the number of complaints in which
the office needed to take legal action to protect children.

FOSTER CARE AND ADOPTIVE PARENTS RECRUITMENT AND RETENTION FUND
(Sections 143.1015 and 453.600)

In each taxable year beginning on or after January 1, 2010, an
individual or corporation that is entitled to a tax refund is
authorized to make a designation of $1 or more on a single return
or $2 or more on a combined return to the newly created Foster
Care and Adoptive Parents Recruitment and Retention Fund.  An
individual or corporation that is not entitled to a tax refund
can make a contribution to the fund by a separate check, draft,
or other negotiable instrument.

The fund will consist of all gifts, donations, transfers,
bequests, and moneys appropriated by the General Assembly to be
used for the Department of Social Services, either in-house or
through private partnerships, to promote foster care and adoption
promotion recruitment programs.

FOSTER CARE PLACEMENT (Section 210.565)

The substitute establishes the following order of the preference
for placement of a child in foster care:  grandparents and
relatives, a trusted adult who has a pre-existing relationship
with the child, foster parents who share the same religious
background as the child, and any foster parent who is currently
licensed and capable of accepting placement of the child.  Any
person receiving a preference must be licensed in an expedited
manner if a child is placed under the person's care.

SIBLING PLACEMENT (Section 210.566)

The Children's Division within the Department of Social Services
is required to make reasonable efforts to place siblings in the
same foster care, kinship, guardianship, or adoptive placement
unless doing so would be contrary to the safety or well-being of
any of the siblings.  If siblings are not placed together, the
division must make reasonable efforts to provide frequent
visitation or other ongoing interaction between siblings, unless
this interaction would be contrary to a sibling's safety or
well-being.

MISSOURI STATE FOSTER CARE AND ADOPTION BOARD (Section 210.617)

The Missouri State Foster Care and Adoption Board is established
to provide consultation and assistance to the Department of
Social Services.  The board must draft and provide an independent
review of the policies and procedures of the Children's Division
related to the provision of foster care and adoption in Missouri.
The board must determine the nature and content of in-service
training which must be provided to foster and adoptive parents in
order to improve these services to children statewide.  The
additional duties of the board are specified.

The board must be comprised of foster and adoptive parents from
each of the seven children's division areas.  Area members must
be appointed by the Governor, with the advice and consent of the
Senate, from recommendations by regional foster care and adoption
boards or other similar entities.  Statewide foster care and
adoption association representatives must be voting members of
the board as approved by the board.  The board must provide the
Director of the Department of Social Services; Governor; Office
of the Child Advocate; and upon request, members of the General
Assembly a written report of its activities.

EDUCATIONAL CHOICES OF FOSTER PARENTS (Section 1)

The substitute specifies that the child advocate, the Children's
Division or Department of Social Services, juvenile authorities,
and family courts cannot discriminate against the educational
choices of a foster parent as long as the foster child's
education complies with Section 167.031.

The provisions regarding the Foster Care and Adoptive Parents
Recruitment and Retention Fund will expire six years from the
effective date.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $0 to a cost of Unknown in FY 2011, FY 2012, and FY
2013.  No impact on Other State Funds in FY 2011, FY 2012, and FY
2013.

PROPONENTS:  Supporters say that the bill creates a fund for
foster care recruitment efforts and allows an individual to
voluntarily donate to the fund through a checkoff on his or her
income tax return.  Case workers should have flexibility when
determining foster care placement.

Testifying for the bill were Representative Davis for Senator
Wilson; Ronald Finley; Department of Social Services; Jeremy
Lafaver, Partnership for Children; and Brian Colby.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm