Family/Juvenile Law

*HB 1358 – Uniform Child Custody Jurisdiction and Enforcement Act. Establishes the Uniform Child Custody Jurisdiction and Enforcement Act which establishes an order of priority to determine which state has proper jurisdiction to make an initial determination of child custody. The order of priority includes:

(1) The state which is currently the home state of the child or was the child’s home state within six months immediately before the commencement of a child custody proceeding if the child is absent from the state, but a parent or person acting as a parent continues to live in the state; or

(2) The state in which the child and at least one parent have a significant connection and substantial evidence concerning the custody determination is available in the state; or

(3) The state having an appropriate connection with the child.

Allows a state having jurisdiction under the first two priorities to decline to exercise its jurisdiction and transfer it to another state if it is more convenient for the parties or if one of the parties has engaged in misconduct necessitating a change. Defines “Home state” as the state in which a child lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.

In the case of a child younger than six months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of any of these persons is considered as part of the period. Establishes continuing jurisdiction once a state court has made a custody determination unless:

(1) A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state and evidence concerning the child’s custody determination is not available in the state; or

(2) A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer.

Allows a court of another state to modify a prior custody determination if the state with continuing jurisdiction determines that it does not have jurisdiction or any state court determines that the child, parents, or any acting parents do not reside in the state which currently has jurisdiction.

Allows a state which otherwise does not have jurisdiction to enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing the order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction and argue the issues to the court with jurisdiction. If there is no previous child custody order in existence, the emergency court’s order will remain in effect until a determination is made in a court having home state jurisdiction over the child. If no determination is made and the emergency court’s state becomes the home state of the child, the emergency order becomes a final determination of custody.

Drafted by The Missouri Bar Family Law Section based on a model act proposed by the National Conference of Commissioners on Uniform Laws.

HB 1359 – Uniform Premarital Agreement Act. Establishes the Uniform Premarital Agreement Act.

(1) Defines “premarital agreement” and “property” as the terms relate to a premarital agreement.

(2) Requires the agreement to be in writing and be signed by both parties.

(3) Allows the parties to contract in a premarital agreement with respect to any matter specified in the bill and any matter not in violation of public policy or any law imposing a criminal penalty.

(4) Specifies that the agreement becomes effective on the date of the marriage.

(5) Specifies the conditions which must be proven to avoid the enforcement of the agreement.

Support.

*HB 1360 – The Interstate Family Support Act. Specifies that whenever more than one state is involved in the establishing, enforcing, or modifying a child or spousal support order, the provisions of the bill will be implemented to determine the jurisdiction and power of the courts in the different states and which state’s law will be applied in the proceedings. Establishes guidelines requiring every state to defer to child support orders entered by the court of the child’s home state. Provides that the jurisdiction where the order was originally entered holds continuing exclusive jurisdiction, and only the law of that state can be applied to requests to modify the order of child support unless the original court loses jurisdiction. Establishes several direct interstate enforcement mechanisms to allow a caretaker parent to have an order mailed to the employer of the obligated parent, require an employer to withhold pay for the benefit of the child, and allow the caretaker parent to have an order mailed to an out-of-state court for enforcement by the other state.

Drafted by The Missouri Bar Family Law Section based on a model act proposed by the National Conference of Commissioners on Uniform Laws.

HB 1427 – Child abuse reporting. Gives immunity from any civil or criminal liability to any person who reports a case of suspected child abuse, neglect, or assault to the proper authorities including liability for any action taken by the proper institution, facility, or agency.

HB 1432 (See also HB 1460) –Tampering with a judicial officer. Adds juvenile officers and deputy juvenile officers to the definition of a judicial officer for the crime of tampering with a judicial officer.

HB 1515 – Visitation rights. Prohibits a court from granting unsupervised visitation to any parent who is required to register as a sexual offender.

Oppose as drafted. Support judicial discretion in determining appropriate child visitation rights, if any, of registered sex offenders.

HB 1556 – Paternity. Increases the length of time a father has to establish paternity prior to an adoption from within 15 days to within 60 days after the birth of the child.

Support.

HB 1561 – Mandatory child abuse reporting. Modifies the mandatory child abuse reporting requirements to include in the list of persons required to report child abuse any adult who resides in the same household and witnesses the child abuse or neglect.

HB 1570 – Guardian ad litem services. Includes guardians ad litem in the list of services given priority in determination of how to spend moneys in the family services and justice fund.

Support.

HB 1572 – Unknown father. Defines “unknown father,” as it relates to adoption, guardianship, and termination of parental rights, as a person who:

(1) Is not presumed to have a biological, adoptive, or legal relationship with a child under the Uniform Parentage Act which make a presumption of fatherhood due to marriage agreements made before or after the birth of a child;

(2) Is not registered with the putative father registry as a father who has filed a notice of intent to claim paternity of a child; or

(3) Has not filed a voluntary acknowledgment of paternity.

The bill also specifies that written consent is not required from an unknown father when terminating parental rights.

HB 1611 – Children’s bill of courtroom rights. (See Judicial Administration)

Oppose as drafted. Support judicial discretion in enforcement of existing child witness protection laws.

HB 1654 – Detention of juveniles suspected to be illegal aliens. (See Immigration Law)

HB 1657 – Cohabitation as a factor in child custody decisions. Adds cohabitation by a parent or engaging in overnight stays with another person as a factor for the court to consider when making a child custody decision.

HB 1758 – Adoption information. Allows adopted adults who are twenty-one years of age or older to receive identifying information and streamlines the process of releasing adoption information.

HB 1795 (see also SB 766) – Endangering the welfare of an unborn child. (See Criminal Law)

HB 1899 – Requirement for appointment of a guardian ad litem for ex parte orders of protection. Current law requires a court to order the appointment of a guardian ad litem or special advocate to represent a child victim after entry of an ex parte order of protection. Removes the requirement and allows the appointment to be at the court’s discretion.

HB 1900 – Notice requirements for the relocation of a child by a parent. Allows the residence of a child to be relocated 60 days after providing notice to the court and any individual having custody or visitation rights, unless a parent files a motion seeking an order to prevent the relocation within 30 days after receiving the notice. The motion must contain an affidavit with specific facts opposing the relocation. The person relocating the child must file a response to the motion within 14 days, unless extended by the court for good cause, with his or her facts supporting the relocation and a proposed revised parenting plan for the child.

HB 1921 – Temporary division of marital debts. Allows either party in a proceeding for dissolution of marriage or legal separation to petition for a temporary division of marital debts prior to a final dissolution decree.

HB 1944 – Social security numbers. Modifies the requirements for use and disclosure of Social Security numbers contained in certain documents related to marriage and dissolution of marriage. Requires Social Security numbers collected in any application for a marriage license or included on petitions for dissolution of marriage or legal separation to be forwarded to the appropriate state agency responsible for enforcing child support orders. Any Social Security number recorded by the state agency must be stored by a non-identifying numeric code. Social Security numbers stored under these requirements are exempt from the examination and copying provisions of the Open Meetings and Records Law, commonly known as the Sunshine Law.

HB 1945 – Electronic withholding of child support payments. Requires employers with twenty-five or more employees to transfer any child support payments withheld from employees to the family support payment center by electronic transfer.

SB 745 – Guardianship of minors and incapacitated adults. (See Probate/Trust Law)

SB 849 – Office of child advocate. Provides that the Office of the Child Advocate shall have the authority to file any findings or reports of the child advocate regarding the parent or child with the juvenile court.

SB 1031 – Parental kidnapping. Increases the penalty for parental kidnapping from a Class D felony to a Class C felony when the parent commits the offense by detaining or concealing the whereabouts of the child for not less than 60 days but not longer than 119 days, and a Class B felony if the parent detains or conceals the child for not less than 120 days.

SB 1054 (See also HB 1550) – Juvenile courts and juvenile court jurisdiction. Expands the jurisdiction of juvenile courts to include individuals who are over seventeen years of age but not yet eighteen years of age, for the sole purpose of status offenses, by modifying the definitions of “child,” “adult,” and “status offense.” Provides all law enforcement officers, juvenile officers, school personnel, or court personnel civil and criminal immunity from liability for any action taken or failure to take action involving a minor child who remains under the jurisdiction of the juvenile court if such action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court. Modifies the crime of tampering with a judicial officer to include juvenile and deputy juvenile officers.