Winter 2010 Volume 7, Number 1

New Legislation

Crystal Wilson, B.A.-Sociology
Program Development Specialist
Children's Division - Central Office
Jefferson City, MO 65103-0088
573-751-1354
Crystal.L.Wilson@dss.mo.gov

ARSMo 210.305, House Bill 154
This bill gives grandparents first consideration for placement before other relative options and requires Children’s Division to complete an immediate diligent search to locate, contact, and place with a grandparent once a decision has been made to take protective
custody of a child during the first (3) three hours after custody. Notification can occur prior to custody, but notification and placement must occur no later than three (3) hours after custody.

The statute also requires that Children’s Division place with grandparents unless the decision to place with grandparents is contrary to the welfare of the child. If a grandparent or grandparents, or other relatives of the child cannot be located within the three (3) hour period, the child may be placed in an emergency placement. However, the bill requires Children’s Division to continue to make diligent efforts, while the child is in care, to contact, locate, and place the child with a grandparent or another relative, with first consideration given to a grandparent for placement.

Fostering Connections to Increasing Adoptions Act
The Fostering Connections to Increasing Adoption Act requires the Children’s Division to identify and notify all adult grandparents and other adult relatives within 30 days when a child is removed from the custody of their parent(s) unless there is domestic violence.  Relative is
defined as a grandparent or any other person related to another by blood or affinity (marriage or adoption) within the third degree. Some of these relatives may include: parents, spouses, adult siblings, grandparents, grandchildren, aunts, uncles, nephews, nieces, great-grandparents, great-grandchildren, great aunts, great uncles, half-brother, half-sister, and first cousins. Relatives by affinity may include: stepparent, stepbrother, and stepsister.

If relatives cannot be identified or found initially, Children’s Division should continue to search for relatives should continue while the child is in care.  When a suitable grandparent or relative has been located consideration should be made to making placement with the grandparent or relative a part of the primary or concurrent permanency plan for the child.