29.4 Court Proceedings
Chapter 453 of Missouri law sets forth the requirements and procedures for the adoption of a child which includes the following provisions:
- Any person desiring to adopt a child may petition the juvenile division of the circuit court of the county where either the child or family wishing to adopt resides.
- A Guardian ad Litem will be appointed by the court to represent the child when the child is under 18 years of age.
- In all cases where the child being adopted is 14 years or older, his written consent to the adoption is required, except where the court finds that the child does not have sufficient mental capacity to do so.
- No transfer of custody of the child to the petitioner nor a final decree of adoption will be made by the court until a full investigation has been made. This investigation may include, but not be limited to, an adoptive home study on the potential adoptive parent, an investigation as to the child's readiness and suitability for adoption, and the child's eligibility for adoption subsidy.
“453.077. 1. When a child has been placed with the petitioner for the required six-month placement period, the person conducting the pre-placement assessment of the adoption or other persons authorized to conduct assessments pursuant to section 453.070 shall provide the court with a post-placement assessment. The specific content of which shall be determined by rule by the Department Of Social Services, Children’s Division. The post-placement assessment shall include an update of the pre-placement assessment which was submitted to the court pursuant to section 453.070, and a report on the emotional, physical and psychological status of the child. If an assessment is conducted after August 28, 1997, but prior to the promulgation of rules and regulations by the department concerning the contents of such assessment, any discrepancy between the contents of the actual assessment and the contents of the assessment required by department rule shall not be used as the sole basis for invalidating an adoption.”
NOTE: The format and content of these investigations may vary depending upon the requirements of the local court.
Adoptions may be finalized in one of two ways: through a one-count or two-count petition, depending on the interpretation of the statue by the local judicial circuits.
A one-count petition is a formal, legal document filed pursuant to chapter 453, RSMo, requesting the adoption of a child by the petitioner. A one-count petition is used when the child has already been placed in the actual (or physical custody) of the petitioner, such as an adoptive placement by the Children’s Division. This usually follows the termination of parental rights. The petition usually requests an adoption decree, and the adoption decree may only be entered after there has been actual custody for a period of at least six (6) months. A one-count petition may also be used in stepparent adoptions and in the more rare adult adoptions.
A two-count petition is a formal, legal document which requests in the first count the placement of actual and legal custody of the minor child with the petitioner(s) and, in the second count, requests an order of adoption. Again, the child must be in the lawful and actual custody of the petitioners for a period of six (6) months prior to the entry of an adoption decree. Custody of a child may not be transferred to the adoptive family prior to their filing a petition in the appropriate court. There may be a hearing held for placement of custody, but it is not necessary if all parties agree or stipulate to the placement. A hearing is held, after nine (9) months of actual custody, to ensure that the adoption is in the best interest of the child. Two-count petitions are more likely to be contested because the parental rights of the birth parents have not always been terminated by that time. They may be contested on either or both counts: placement or adoption. Again, the procedural requirements may vary depending upon the interpretation of the statute by local judicial circuits.
To complete the adoption process the worker will:
- Prepare and submit a written summary to court for transfer of custody hearing and final decree hearing according to local requirements.
- Assist child and family's attorney in completing "Agreement to Adoptive Plan" when child has reached 14th birthday if adoption is not finalized before this age.
- Appear in court for decree of adoption hearing.
- Make one face-to-face in-home visit with child and family after court hearing for the purpose of:
- Referral to community support groups, if needed.
- Reinforcing lifetime commitment of adoption.
- Maintaining links to any needed rehabilitation services.
- Reinforcing agency's commitment to the success of the adoption.
- Completing subsidized adoption agreement, reminding family of yearly review of subsidy and necessary maintenance activities, if appropriate.
- Making a final assessment of the child’s safety in the placement.
- Close case with a closing summary upon receipt of decree of adoption:
- Maintain active case services if continued services are needed.
- Maintain subsidy if this service is utilized and record subsidy transactions as needed.