Missouri SB 1011: Modifies provisions of law relating to efforts by the Children's Division to locate a child's biological parents

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1011
99TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
Read 1st time February 19, 2018, and ordered printed.
ADRIANE D. CROUSE, Secretary.
6457S.01I
AN ACT
To repeal sections 210.127, 211.032, and 211.183, RSMo, and to enact in lieu thereof
three new sections relating to parental search efforts by the children's division.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 210.127, 211.032, and 211.183, RSMo, are repealed
2 and three new sections enacted in lieu thereof, to be known as sections 210.127,
3 211.032, and 211.183, to read as follows:
210.127. 1. If the location or identity of the biological parent or parents
2 of a child in the custody of the division is unknown, the children's division shall
3 utilize all reasonable and effective means available to conduct a diligent search
4 for the biological parent or parents of such child within the first sixty days of
5 a child being placed in the custody of the division under subdivision
6 (17) of subsection 1 of section 207.020. After sixty days, the division
7 shall be excused from further search efforts if the court finds that the
8 division has utilized all reasonable and effective means available to
9 conduct a diligent search and has been unable to identify or locate the
10 biological parent or parents.
11 2. For purposes of this section, "diligent search" means the efforts of the
12 division, or an entity under contract with the division, to locate a biological
13 parent whose identity or location is unknown, initiated as soon as the division is
14 made aware of the existence of such parent, with the search progress reported at
15 each court hearing until the parent is either identified and located or the [court
16 excuses further search] division is excused from further search efforts
17 under subsection 1 of this section, whichever is earlier.
18 3. For purposes of this section, "reasonable and effective means
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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19 available" includes, but is not limited to, checking the child's birth
20 certificate; checking the putative father registry; asking a known
21 biological parent of the child and any known relatives within the third
22 degree of consanguinity to identify the putative father or putative
23 fathers; attempting to contact each putative father by mail, telephone,
24 or electronic means; and asking each putative father to voluntarily
25 participate in a paternity test.
211.032. 1. Except as otherwise provided in a circuit participating in a
2 pilot project established by the Missouri supreme court, when a child or person
3 seventeen years of age, alleged to be in need of care and treatment pursuant to
4 subdivision (1) of subsection 1 of section 211.031, is taken into custody, the
5 juvenile or family court shall notify the parties of the right to have a protective
6 custody hearing. Such notification shall be in writing.
7 2. Upon request from any party, the court shall hold a protective custody
8 hearing. Such hearing shall be held within three days of the request for a
9 hearing, excluding Saturdays, Sundays and legal holidays. For circuits
10 participating in a pilot project established by the Missouri supreme court, the
11 parties shall be notified at the status conference of their right to request a
12 protective custody hearing.
13 3. No later than February 1, 2005, the Missouri supreme court shall
14 require a mandatory court proceeding to be held within three days, excluding
15 Saturdays, Sundays, and legal holidays, in all cases under subdivision (1) of
16 subsection 1 of section 211.031. The Missouri supreme court shall promulgate
17 rules for the implementation of such mandatory court proceedings and may
18 consider recommendations from any pilot projects established by the Missouri
19 supreme court regarding such proceedings. Nothing in this subsection shall
20 prevent the Missouri supreme court from expanding pilot projects prior to the
21 implementation of this subsection.
22 4. The court shall hold an adjudication hearing no later than sixty days
23 after the child has been taken into custody. The court shall notify the parties in
24 writing of the specific date, time, and place of such hearing. If at such hearing
25 the court determines that sufficient cause exists for the child to remain in the
26 custody of the state, the court shall conduct a dispositional hearing no later than
27 ninety days after the child has been taken into custody and shall conduct review
28 hearings regarding the reunification efforts made by the division every ninety to
29 one hundred twenty days for the first year the child is in the custody of the

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30 division. After the first year, review hearings shall be held as necessary, but in
31 no event less than once every six months for as long as the child is in the cus