ICPC State Pages

Missouri Adoption

Missouri permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

453 R.S. MO

Public

Public Adoptive Placement-Requirements:

•  Missouri ICPC must receive copies of either the TPR or a petition for adoption (petition must be filed and accepted by the court).   If the adoptive family (from another state) has a home study completed by a private agency Missouri Children's Division must negotiate a contract with the agency before ICPC approval can be given. 

Adoption Assistance

Adoption assistance payments begin:

• After the adoption is finalized

Sending State Adoption Subsidy Payments (Guidelines):

• 1. Total payment for all nonrecurring adoption expenses shall not exceed $2,000 per child. All expenses must be reasonable and customary for the services provided. If expenses included in the application appear extraordinary will need administrative approval.
  2. Nonrecurring adoption expenses are defined as:
  3. Court filing fees;
  4. Publication fee;
  5. Attorney fee;
  6. Guardian ad Litem fee; according to 453.020 RSMo, the GAL may be awarded a reasonable fee for such services to be sent by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. Such an award of GAL fees shall constitute a final judgment in favor of the GAL.
  7. Other expenses incurred by the adoptive parent(s) which are directly related to the child's adoption and limited to:
     • The adoptive family assessment (adoptive home study), including health and psychological examinations, if necessary for the assessment and required by the private agency;
     • Placement supervision before final adoption; and
     • transportation, food and lodging for the adoptive parent(s) and the child when necessary to complete a child's placement or adoption.
  8. FACILITATOR agencies (PRIVATE ADOPTIONS) :  if used, then MO requires a copy of the agreement or contract that was signed by the adoptive parents and the agency. MO also requires a breakdown of fees paid by the adoptive family to the facilitating agency.

Special Needs

Missouri definition of "Special Needs":

• The youth must have a diagnosed medical, mental, or physical condition that requires twenty-four (24) hour availability of a resource provider specifically trained to meet the elevated medical needs.

   

   

   

   

   

   

   

   

   

   

   

   

   

•  

 

 

 

 

 

 

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Missouri, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition:

• 453 RSMo

Court Jurisdiction for Adoption Cases:

•  Missouri requires that the court transfer custody to the adoptive parents before child leaves state.   Public agency adoptions will have a transfer of custody but child may be placed into a relative home before adoption.  Private/Independent adoptions consents must be accepted by the court and a transfer of custody occur before child can leave Missouri.  453.110 RSMo.

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

•  453.070 RSMo

  453.070. 1. Except as provided in subsection 5 of this section, no decree for the adoption of a child under eighteen years of age shall be entered for the petitioner or petitioners in such adoption as ordered by the juvenile court having jurisdiction, until a full investigation, which includes an assessment of the adoptive parents, an appropriate postplacement assessment and a summary of written reports as provided for in section 453.026, and any other pertinent information relevant to whether the child is suitable for adoption by the petitioner and whether the petitioner is suitable as a parent for the child, has been made. The report shall also include a statement to the effect that the child has been considered as a potential subsidy recipient.

  2. Such investigation shall be made, as directed by the court having jurisdiction, either by the division of family services of the state department of social services, a juvenile court officer, a licensed child-placement agency, a social worker licensed pursuant to chapter 337, or other suitable person appointed by the court. The results of such investigation shall be embodied in a written report that shall be submitted to 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 assessment of the petitioner or petitioners. The content of the assessment shall include but not be limited to, a report on the condition of the petitioner'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 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. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536