Investigations precondition for adoption--contents of investigationreport--how conducted--assessments of adoptive parents,contents--waiving of investigation, when--fees--preference tofoster parents, when.
453.070. 1. Except as provided in subsection 5 of this section, nodecree for the adoption of a child under eighteen years of age shall beentered for the petitioner or petitioners in such adoption as ordered bythe juvenile court having jurisdiction, until a full investigation, whichincludes an assessment of the adoptive parents, an appropriatepostplacement assessment and a summary of written reports as provided forin section 453.026, and any other pertinent information relevant to whetherthe child is suitable for adoption by the petitioner and whether thepetitioner is suitable as a parent for the child, has been made. Thereport shall also include a statement to the effect that the child has beenconsidered as a potential subsidy recipient.
2. Such investigation shall be made, as directed by the court havingjurisdiction, either by the division of family services of the statedepartment of social services, a juvenile court officer, a licensedchild-placement agency, a social worker licensed pursuant to chapter 337,RSMo, or other suitable person appointed by the court. The results of suchinvestigation shall be embodied in a written report that shall be submittedto the court within ninety days of the request for the investigation.
3. The department of social services, division of family services,shall develop rules and regulations regarding the content of the assessmentof the petitioner or petitioners. The content of the assessment shallinclude but not be limited to, a report on the condition of thepetitioner's home and information on the petitioner's education, financial,marital, medical and psychological status and criminal background check.If an assessment is conducted after August 28, 1997, but prior to thepromulgation of rules and regulations by the department concerning thecontents of such assessment, any discrepancy between the contents of theactual assessment and the contents of the assessment required by departmentrule shall not be used as the sole basis for invalidating an adoption. Norule or portion of a rule promulgated pursuant to the authority of thissection shall become effective unless it has been promulgated pursuant tothe provisions of chapter 536, RSMo.
4. The assessment of petitioner or petitioners shall be submitted tothe petitioner and to the court prior to the scheduled hearing of theadoptive petition.
5. In cases where the adoption or custody involves a child undereighteen years of age that is the natural child of one of the petitionersand where all of the parents required by this chapter to give consent tothe adoption or transfer of custody have given such consent, the juvenilecourt may waive the investigation and report, except the criminalbackground check, and enter the decree for the adoption or order thetransfer of custody without such investigation and report.
6. In the case of an investigation and report made by the division offamily services by order of the court, the court may order the payment of areasonable fee by the petitioner to cover the costs of the investigationand report.
7. Any adult person or persons over the age of eighteen, who, asfoster parent or parents, have cared for a foster child continuously for aperiod of nine months or more and bonding has occurred as evidenced by thepositive emotional and physical interaction between the foster parent andchild, may apply to such authorized agency for the placement of such childwith them for the purpose of adoption if the child is eligible foradoption. The agency and court shall give preference and firstconsideration for adoptive placements to foster parents. However, thefinal determination of the propriety of the adoption of such foster childshall be within the sole discretion of the court.
(L. 1947 V. II p. 213 § 9612a, A.L. 1973 H.B. 254, A.L. 1976 H.B. 1278, A.L. 1985 H.B. 366, et al., A.L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 1999 H.B. 472, A.L. 2001 S.B. 348)
(1955) Order transferring custody of child to petitioners before investigation was made was void. Sherrill v. Bigler (A.), 276 S.W.2d 473.
Investigations precondition for adoption--contents of investigationreport--how conducted--assessments of adoptive parents,contents--waiving of investigation, when--fees--preference tofoster parents, when.
453.070. 1. Except as provided in subsection 5 of this section, nodecree for the adoption of a child under eighteen years of age shall beentered for the petitioner or petitioners in such adoption as ordered bythe juvenile court having jurisdiction, until a full investigation, whichincludes an assessment of the adoptive parents, an appropriatepostplacement assessment and a summary of written reports as provided forin section 453.026, and any other pertinent information relevant to whetherthe child is suitable for adoption by the petitioner and whether thepetitioner is suitable as a parent for the child, has been made. Thereport shall also include a statement to the effect that the child has beenconsidered as a potential subsidy recipient.
2. Such investigation shall be made, as directed by the court havingjurisdiction, either by the division of family services of the statedepartment of social services, a juvenile court officer, a licensedchild-placement agency, a social worker licensed pursuant to chapter 337,RSMo, or other suitable person appointed by the court. The results of suchinvestigation shall be embodied in a written report that shall be submittedto the court within ninety days of the request for the investigation.
3. The department of social services, division of family services,shall develop rules and regulations regarding the content of the assessmentof the petitioner or petitioners. The content of the assessment shallinclude but not be limited to, a report on the condition of thepetitioner's home and information on the petitioner's education, financial,marital, medical and psychological status and criminal background check.If an assessment is conducted after August 28, 1997, but prior to thepromulgation of rules and regulations by the department concerning thecontents of such assessment, any discrepancy between the contents of theactual assessment and the contents of the assessment required by departmentrule shall not be used as the sole basis for invalidating an adoption. Norule or portion of a rule promulgated pursuant to the authority of thissection shall become effective unless it has been promulgated pursuant tothe provisions of chapter 536, RSMo.
4. The assessment of petitioner or petitioners shall be submitted tothe petitioner and to the court prior to the scheduled hearing of theadoptive petition.
5. In cases where the adoption or custody involves a child undereighteen years of age that is the natural child of one of the petitionersand where all of the parents required by this chapter to give consent tothe adoption or transfer of custody have given such consent, the juvenilecourt may waive the investigation and report, except the criminalbackground check, and enter the decree for the adoption or order thetransfer of custody without such investigation and report.
6. In the case of an investigation and report made by the division offamily services by order of the court, the court may order the payment of areasonable fee by the petitioner to cover the costs of the investigationand report.
7. Any adult person or persons over the age of eighteen, who, asfoster parent or parents, have cared for a foster child continuously for aperiod of nine months or more and bonding has occurred as evidenced by thepositive emotional and physical interaction between the foster parent andchild, may apply to such authorized agency for the placement of such childwith them for the purpose of adoption if the child is eligible foradoption. The agency and court shall give preference and firstconsideration for adoptive placements to foster parents. However, thefinal determination of the propriety of the adoption of such foster childshall be within the sole discretion of the court.
(L. 1947 V. II p. 213 § 9612a, A.L. 1973 H.B. 254, A.L. 1976 H.B. 1278, A.L. 1985 H.B. 366, et al., A.L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 1999 H.B. 472, A.L. 2001 S.B. 348)
(1955) Order transferring custody of child to petitioners before investigation was made was void. Sherrill v. Bigler (A.), 276 S.W.2d 473.
Investigations precondition for adoption--contents of investigationreport--how conducted--assessments of adoptive parents,contents--waiving of investigation, when--fees--preference tofoster parents, when.
453.070. 1. Except as provided in subsection 5 of this section, nodecree for the adoption of a child under eighteen years of age shall beentered for the petitioner or petitioners in such adoption as ordered bythe juvenile court having jurisdiction, until a full investigation, whichincludes an assessment of the adoptive parents, an appropriatepostplacement assessment and a summary of written reports as provided forin section 453.026, and any other pertinent information relevant to whetherthe child is suitable for adoption by the petitioner and whether thepetitioner is suitable as a parent for the child, has been made. Thereport shall also include a statement to the effect that the child has beenconsidered as a potential subsidy recipient.
2. Such investigation shall be made, as directed by the court havingjurisdiction, either by the division of family services of the statedepartment of social services, a juvenile court officer, a licensedchild-placement agency, a social worker licensed pursuant to chapter 337,RSMo, or other suitable person appointed by the court. The results of suchinvestigation shall be embodied in a written report that shall be submittedto the court within ninety days of the request for the investigation.
3. The department of social services, division of family services,shall develop rules and regulations regarding the content of the assessmentof the petitioner or petitioners. The content of the assessment shallinclude but not be limited to, a report on the condition of thepetitioner's home and information on the petitioner's education, financial,marital, medical and psychological status and criminal background check.If an assessment is conducted after August 28, 1997, but prior to thepromulgation of rules and regulations by the department concerning thecontents of such assessment, any discrepancy between the contents of theactual assessment and the contents of the assessment required by departmentrule shall not be used as the sole basis for invalidating an adoption. Norule or portion of a rule promulgated pursuant to the authority of thissection shall become effective unless it has been promulgated pursuant tothe provisions of chapter 536, RSMo.
4. The assessment of petitioner or petitioners shall be submitted tothe petitioner and to the court prior to the scheduled hearing of theadoptive petition.
5. In cases where the adoption or custody involves a child undereighteen years of age that is the natural child of one of the petitionersand where all of the parents required by this chapter to give consent tothe adoption or transfer of custody have given such consent, the juvenilecourt may waive the investigation and report, except the criminalbackground check, and enter the decree for the adoption or order thetransfer of custody without such investigation and report.
6. In the case of an investigation and report made by the division offamily services by order of the court, the court may order the payment of areasonable fee by the petitioner to cover the costs of the investigationand report.
7. Any adult person or persons over the age of eighteen, who, asfoster parent or parents, have cared for a foster child continuously for aperiod of nine months or more and bonding has occurred as evidenced by thepositive emotional and physical interaction between the foster parent andchild, may apply to such authorized agency for the placement of such childwith them for the purpose of adoption if the child is eligible foradoption. The agency and court shall give preference and firstconsideration for adoptive placements to foster parents. However, thefinal determination of the propriety of the adoption of such foster childshall be within the sole discretion of the court.
(L. 1947 V. II p. 213 § 9612a, A.L. 1973 H.B. 254, A.L. 1976 H.B. 1278, A.L. 1985 H.B. 366, et al., A.L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 1999 H.B. 472, A.L. 2001 S.B. 348)
(1955) Order transferring custody of child to petitioners before investigation was made was void. Sherrill v. Bigler (A.), 276 S.W.2d 473.
