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SECOND REGULAR SESSION
HOUSE BILL NO. 1888
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HAUSMAN.
5355H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 452.705, 452.730, 452.885, and 487.1 10, RSMo, and to enact in lieu
thereof thirty-seven new sections relating to the protection of children, with penalty
provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 452.705, 452.730, 452.885, and 487.1 10, RSMo, are repealed and
2 thirty-seven new sections enacted in lieu thereof, to be known as sections 452.705, 452.730,
3 452.885, 452.1 100, 452.1 102, 452.1 104, 452.1 106, 452.1 108, 452.1 1 10, 452.1 1 12, 452.1 1 14,
4 452.1 1 18, 452.1 120, 452.1 122, 453.700, 453.702, 453.704, 453.706, 453.708, 453.710,
5 453.712, 453.714, 453.716, 453.718, 453.720, 453.722, 453.724, 453.726, 453.728, 453.730,
6 453.732, 453.734, 453.736, 453.738, 453.740, 453.742, and 487.1 10, to read as follows:
452.705. As used in sections 452.700 to 452.930:
2 (1) "Abandoned" means left without provision for reasonable and necessary care or
3 supervision;
4 (2) "Child" means an individual who has not attained eighteen years of age;
5 (3) "Child custody determination" means a judgment, decree, or other order of a court
6 providing for the legal custody , physical custody , or visitation with respect to a child. The
7 term includes a permanent, temporary , initial, or modification order . The term shall not
8 include an order relating to child support or other monetary obligation of an individual;
9 (4) "Child custody proceeding" means a proceeding in which legal custody , physical
10 custody , or visitation with respect to a child is an issue. The term includes a proceeding for
11 divorce, separation, neglect, abuse, dependency , guardianship, paternity , termination of
12 parental rights, and protection from domestic violence in which the issue may appear . The
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
13 term shall not include a proceeding involving juvenile delinquency , contractual emancipation,
14 or enforcement under sections 452.850 to 452.915;
15 (5) "Commencement" means the filing of the first pleading in a proceeding;
16 (6) "Court" means an entity authorized under the law of a state to establish, enforce,
17 or modify a child custody determination;
18 (7) "Decree" or "custody decree" means a custody determination contained in a
19 judicial decree or order made in a custody proceeding, and includes an initial decree and a
20 modification decree;
21 (8) "Home state" means the state in which a child has lived with a parent or a person
22 acting as a parent for at least six consecutive months immediately prior to the commencement
23 of a child custody proceeding. In the case of a child less than six months of age, the term
24 means the state in which the child has lived from birth with any of the persons mentioned. A
25 period of temporary absence of any of the mentioned persons is part of such period;
26 (9) "Initial determination" means the first child custody determination concerning a
27 particular child;
28 (10) "Issuing court" means the court making a child custody determination for which
29 enforcement is sought under sections 452.700 to 452.930;
30 (1 1) "Issuing state" means the state in which a child custody determination is made;
31 (12) "Litigant" means a person, including a parent, grandparent, or stepparent, who
32 claims a right to custody or visitation with respect to a child;
33 (13) "Modification" means a child custody determination that changes, replaces,
34 supersedes or is otherwise made after a previous determination concerning the same child,
35 whether or not it is made by the court that made the previous determination;
36 (14) "Person" includes government, a governmental subdivision, agency or
37 instrumentality , or any other legal or commercial entity;
38 (15) "Person acting as a parent" means a person, other than a parent, who:
39 (a) Has physical custody of the child or has had physical custody for a period of six
40 consecutive months, including any temporary absence, within one year immediately prior to
41 the commencement of a child custody proceeding; and
42 (b) Has been awarded legal custody by a court or claims a right to legal custody under
43 the law of this state;
44 (16) "Physical custody" means the physical care and supervision of a child;
45 (17) "State" means a state of the United States, the District of Columbia, Puerto Rico,
46 the United States V ir gin Islands, or any territory or insular possession subject to the
47 jurisdiction of the United States;
48 (18) "W arrant" means an order issued by a court authorizing law enforcement of ficers
49 to take physical custody of a child ;
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50 (19) "W rongful r emoval" means the taking of a child that br eaches rights of
51 custody or visitation given or rec ognized under the laws of this state .
452.730. 1. A court of this state may communicate with a court in another state
2 concerning a proceeding arising under sections 452.700 to 452.930 or arising under sections
3 452.1 100 to 452.1 122 .
4 2. The court may allow the parties to participate in the communication. If the parties
5 are not able to participate in the communication, the parties shall be given the opportunity to
6 present facts and legal arg uments before a decision on jurisdiction is made.
7 3. A communication between courts on schedules, calendars, court records, and
8 similar matters may occur without informing the parties. A record need not be made of such
9 communication.
10 4. Except as provided in subsection 3 of this section, a record shall be made of the
11 communication. The parties shall be informed promptly of the communication and granted
12 access to the record.
13 5. For the purposes of this section, "record" means information that is inscribed on a
14 tangible medium, or that which is stored in an electronic or other medium and is retrievable in
15 perceivable form. A record includes notes or transcripts of a court reporter who listened to a
16 conference call between the courts, an electronic recording of a telephone call, a
17 memorandum or an electronic record of the communication between the courts, or a
18 memorandum or an electronic record made by a court after the communication.
452.885. 1. (1) Upon the filing of a petition seeking enforcement of a child custody
2 determination[ , the petitioner may file ] with a verified application for the issuance of a
3 warrant to take physical custody of the child or upon the filing of a petition under sections
4 452.1 100 to 452.1 122, the court may issue an ex parte warrant to take physical custody
5 of the child if the court finds, upon r eview of the petition or verified application or upon
6 the testimony of the petitioner or other witnesses, that the child is likely to suff er serious
7 imminent physical harm or ther e is a cred ible risk that the child is imminently likely to
8 suffer wro ngful removal [ from this state ].
9 (2) Prior to issuing a warrant in r esponse to a petition filed under sections
10 452.1 100 to 452.1 122 and before determining the placement of the child after the
11 warrant is executed, the court may order a sear ch of the releva nt databases of the
12 National Crime Information Center system and similar state databases to determine if
13 the petitioner or responde nt has a history of domestic violence, stalking, or child abuse
14 or neglect.
15 2. [ If the court, upon the testimony of the petitioner or other witnesses, finds that the
16 child is likely to suff er serious imminent physical harm or be imminently removed from this
17 state, the court may issue a warrant to take physical custody of the child. The petition shall be
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18 heard on the next judicial day after the warrant is executed. The warrant shall include the
19 statements required under subsection 2 of section 452.870.
20 3. ] A warrant to take physical custody of a child shall:
21 (1) Recite the facts upon which a [ conclusion ] determination of serious imminent
22 physical harm or a credi ble risk of imminent wron gful removal from the jurisdiction is
23 based;
24 (2) Direct law enforcement of ficers to take physical custody of the child immediately;
25 [ and ]
26 (3) State the date and time for the hearing on the petition;
27 (4) Provide for the safe interim placement of the child pending further order of the
28 court or final relief ; and
29 (5) Include the statements requ ired under subsection 2 of section 452.870 if a
30 warrant is issued in r esponse to a petition seeking enforcem ent of a child custody
31 determination .
32 [ 4. ] 3. The respondent shall be served with the petition, warrant and order
33 immediately after the child is taken into physical custody .
34 4. The res pondent shall be afforded an opportunity to be heard at the earliest
35 possible time after the ex parte warrant is executed but no later than the next judicial
36 day unless a hearing on that date is impossible. In that event, the court shall hold the
37 hearing on the first judicial day possible.
38 5. If the court finds, after a hearing, that a petitioner sought a warrant under
39 subsection 1 of this section for the purpose of harassment or in bad faith, the court may
40 award the res pondent r easonable attorney's fees, costs, and expenses.
41 [ 5. ] 6. A warrant to take physical custody of a child is enforceable throughout this
42 state. If the court finds on the basis of the testimony of the petitioner or other witness that a
43 less intrusive remedy is not ef fective, the court may authorize law enforcement officers to
44 enter private property to take physical custody of the child. If required by the exigency of the
45 case, the court may authorize law enforcement of ficers to make a forcible entry at any hour .
46 [ 6. ] 7. The court may impose conditions on the placement of a child to ensure the
47 appearance of the child and the child's custodian.
48 8. This section does not affect the availability of reli ef allowed under the laws of
49 this state other than sections 452.700 to 452.930 and sections 452.1 100 to 452.1 122.
452.1 100. Sections 452.1 100 to 452.1 122 may be cited as the "Uniform Child
2 Abduction Pr evention Act".
452.1 102. In sections 452.1 100 to 452.1 122:
2 (1) "Abduction" means the wr ongful rem oval or wro ngful reten tion of a child;
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3 (2) "Child" means an unemancipated individual who is less than eighteen years
4 of age;
5 (3) "Child abduction pr evention measur es" means measur es and conditions that
6 ar e r easonably calculated to preven t the abduction of a child, including pr ovisions of
7 subsections 3, 4, and 5 of section 452.1 1 14, and other measur es that the court deems
8 appr opriate to preven t the abduction of a child;
9 (4) "Child-custody determination" means a judgment, decr ee, or other order of
10 a court pr oviding for the legal custody , physical custody , or visitation with res pect to a
11 child. The term includes a permanent, temporary , initial, and modification order;
12 (5) "Child custody pr oceeding" means a pr oceeding in which legal custody ,
13 physical custody , or visitation with res pect to a child is at issue. The term includes a
14 pr oceeding for divor ce, dissolution of marriage, separation, neglect, abuse, dependency ,
15 guardianship, paternity , termination of par ental rights, or protecti on fr om domestic
16 violence;
17 (6) "Court" means an entity authorized under the law of a state to establish,
18 enfor ce, or modify a child-custody determination;
19 (7) "Petition" includes a motion or its equivalent;
20 (8) "Record" means information that is inscribed on a tangible medium or that
21 is stored in an electr onic or other medium and is ret rievable in per ceivable form;
22 (9) "State" means a state of the United States, the District of Columbia, Puerto
23 Rico, the United States V irgin Islands, or any territory or insular possession subject to
24 the jurisdiction of the United States. The term includes a federally recogn ized Indian
25 tribe or nation;
26 (10) "T ravel document" means record s relat ing to a travel itinerary , including
27 travel tickets, passes, r eservations for transportation, or accommodations. The term
28 does not include a passport or visa;
29 (1 1) "W arrant" means an order issued by a court authorizing law enforcem ent
30 officers to take physical custody of a child;
31 (12) "W rongful r emoval" means the taking of a child that br eaches rights of
32 custody or visitation given or rec ognized under the law of this state;
33 (13) "W r ongful reten tion" means the keeping or concealing of a child that
34 br eaches rights of custody or visitation given or recogn ized under the law of this state.
452.1 104. Sections 452.730, 452.735, and 452.820 of the uniform child custody
2 jurisdiction and enforcem ent act apply to cooperation and communications among
3 courts in proceed ings under sections 452.1 100 to 452.1 122.
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452.1 106. 1. A court on its own motion may order abduction prev ention
2 measur es in a child custody pr oceeding if the court finds that the evidence establishes a
3 cr edible risk of abduction of the child.
4 2. A party to a child custody determination or another individual or entity
5 having a right under the law of this state or any other state to seek a child custody
6 determination for the child may file a petition seeking abduction pr evention measur es to
7 pr otect the child under sections 452.1 100 to 452.1 122.
8 3. A pr osecutor or public authority designated under section 452.910 may seek a
9 warrant to take physical custody of a child under section 452.885 or other appr opriate
10 pr evention measur es.
452.1 108. 1. A petition under sections 452.1 100 to 452.1 122 may be filed only in a
2 court that has jurisdiction to make a child custody determination with r espect to the
3 child at issue under sections 452.700 to 452.930.
4 2. A court of this state has temporary emergency jurisdiction under section
5 452.755 if the court finds a cred ible risk of abduction.
452.1 1 10. A petition under sections 452.1 100 to 452.1 122 must be verified and
2 include a copy of any existing child custody determination, if available. The petition
3 must specify the risk factors for abduction, including the releva nt factors described in
4 section 452.1 1 12. Subject to subsection 5 of section 452.780, if rea sonably ascertainable,
5 the petition must contain:
6 (1) The name, date of birth, and sex of the child;
7 (2) The customary addr ess and curr ent physical location of the child;
8 (3) The identity , customary addr ess, and curr ent physical location of the
9 r espondent;
10 (4) A statement of whether a prior action to pr event abduction or domestic
11 violence has been filed by a party or other individual or entity having custody of the
12 child, and the date, location, and disposition of the action;
13 (5) A statement of whether a party to the pr oceeding has been arr ested for a
14 crime r elated to domestic violence, stalking, or child abuse or neglect, and the date,
15 location, and disposition of the case; and
16 (6) Any other information req uire d to be submitted to the court for a child
17 custody determination under section 452.780.
452.1 1 12. 1. In determining whether ther e is a cr edible risk of abduction of a
2 child, the court shall consider any evidence that the petitioner or responde nt:
3 (1) Has pr eviously abducted or attempted to abduct the child;
4 (2) Has thr eatened to abduct the child;
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5 (3) Has recen tly engaged in activities that may indicate a planned abduction,
6 including:
7 (a) Abandoning employment;
8 (b) Selling a primary re sidence;
9 (c) T erminating a lease;
10 (d) Closing bank or other financial management accounts, liquidating assets,
11 hiding or destr oying financial documents, or conducting any unusual financial
12 activities;
13 (e) Applying for a passport or visa or obtaining travel documents for the
14 r espondent, a family member , or the child; or
15 (f) Seeking to obtain the child's birth certificate or school or medical r ecords;
16 (4) Has engaged in domestic violence, stalking, or child abuse or neglect;
17 (5) Has re fused to follow a child custody determination;
18 (6) Lacks str ong familial, financial, emotional, or cultural ties to the state or the
19 United States;
20 (7) Has str ong familial, financial, emotional, or cultural ties to another state or
21 country;
22 (8) Is likely to take the child to a country that:
23 (a) Is not a party to the Hague Convention on the Civil Aspects of International
24 Child Abduction and does not pr ovide for the extradition of an abducting paren t or for
25 the ret urn of an abducted child;
26 (b) Is a party to the Hague Convention on the Civil Aspects of International
27 Child Abduction but:
28 a. The Hague Convention on the Civil Aspects of International Child Abduction
29 is not in for ce between the United States and that country;
30 b. Is noncompliant according to the most r ecent compliance report issued by the
31 United States Department of State; or
32 c. Lacks legal mechanisms for immediately and effectively enforcin g a retu rn
33 order under the Hague Convention on the Civil Aspects of International Child
34 Abduction;
35 (c) Poses a risk that the child's physical or emotional health or safety would be
36 endanger ed in the country because of specific circu mstances relat ing to the child or
37 because of human rights violations committed against childr en;
38 (d) Has laws or practices that would:
39 a. Enable the res pondent, without due cause, to pr event the petitioner fr om
40 contacting the child;
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41 b. Restrict the petitioner fr om fr eely traveling to or exiting fro m the country
42 because of the petitioner ’ s sex, nationality , marital status, or r eligion; or
43 c. Restrict the child's ability legally to leave the country after the child r eaches
44 the age of majority because of a child's sex, nationality , or rel igion;
45 (e) Is included by the United States Department of State on a curr ent list of state
46 sponsors of terr orism;
47 (f) Does not have an official United States diplomatic presence in the country; or
48 (g) Is engaged in active military action or war , including a civil war , to which the
49 child may be exposed;
50 (9) Is undergoing a change in immigration or citizenship status that would
51 adversely affect the r espondent's ability to rem ain in the United States legally;
52 (10) Has had an application for United States citizenship denied;
53 (1 1) Has forged or present ed misleading or false evidence on government forms
54 or supporting documents to obtain or attempt to obtain a passport, a visa, travel
55 documents, a Social Security card, a driver’ s license, or other government-issued
56 identification card or has made a misr epresent ation to the United States government;
57 (12) Has used multiple names to attempt to mislead or defraud; or
58 (13) Has engaged in any other conduct the court considers releva nt to the risk of
59 abduction.
60 2. In the hearing on a petition under sections 452.1 100 to 452.1 122, the court
61 shall consider any evidence that the res pondent believed in good faith that the
62 r espondent's conduct was necessary to avoid imminent harm to the child or res pondent
63 and any other evidence that may be rele vant to whether the res pondent may be
64 permitted to rem ove or re tain the child.
452.1 1 14. 1. If a petition is filed under sections 452.1 100 to 452.1 122, the court
2 may enter an order that must include:
3 (1) The basis for the court's exer cise of jurisdiction;
4 (2) The manner in which notice and opportunity to be heard wer e given to the
5 persons entitled to notice of the pro ceeding;
6 (3) A detailed description of each party's custody and visitation rights and
7 r esidential arrangements for the child;
8 (4) A pr ovision stating that a violation of the order may subject the party in
9 violation to civil and criminal penalties; and
10 (5) Identification of the child's country of habitual r esidence at the time of the
11 issuance of the order .
12 2. If, at a hearing on a petition under sections 452.1 100 to 452.1 122 or on the
13 court's own motion, the court after revi ewing the evidence finds a credib le risk of
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14 abduction of the child, the court shall enter an abduction preve ntion order . The order
15 must include the pr ovisions requ ired by subsection 1 of this section and measur es and
16 conditions, including those in subsections 3, 4, and 5 of this section, that are reas onably
17 calculated to pre vent abduction of the child, giving due consideration to the potential
18 harm to the child fr om an abduction, the legal and practical difficulties of r eturning the
19 child to the jurisdiction if abducted, and the reas ons for the potential abduction,
20 including evidence of domestic violence, stalking, or child abuse or neglect.
21 3. An abduction pr evention order may include one or mor e of the following:
22 (1) An imposition of travel re strictions that requi re that a party traveling with
23 the child outside a designated geographical are a provi de the other party with the
24 following:
25 (a) The travel itinerary of the child;
26 (b) A list of physical addr esses and telephone numbers at which the child can be
27 r eached at specified times; and
28 (c) Copies of all travel documents;
29 (2) A pr ohibition of the res pondent dir ectly or indirect ly:
30 (a) Removing the child fr om this state, the United States, or another geographic
31 ar ea without permission of the court or the petitioner's written consent;
32 (b) Removing or r etaining the child in violation of a child custody
3 3 determination;
34 (c) Removing the child from school or a child car e or similar facility; or
35 (d) Appr oaching the child at any location other than a site designated for
36 supervised visitation;
37 (3) A requ irem ent that a party reg ister the order in another state as a
38 pr ereq uisite to allowing the child to travel to that state;
39 (4) With regard to the child's passport:
40 (a) A dir ection that the petitioner place the child's name in the United States
41 Department of State's Child Passport Issuance Alert Pr ogram;
42 (b) A req uirement that the res pondent surre nder to the court or the petitioner's
43 attorney any United States or for eign passport issued in the child's name, including a
44 passport issued in the name of both the par ent and the child; and
45 (c) A proh ibition upon the res pondent fr om applying on behalf of the child for a
46 new or rep lacement passport or visa;
47 (5) As a pr erequ isite to exer cising custody or visitation, a r equir ement that the
48 r espondent prov ide:
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49 (a) T o the United States Department of State Office of Children' s Issues and the
50 r elevant for eign consulate or embassy , an authenticated copy of the order detailing
51 passport and travel r estrictions for the child;
52 (b) T o the court:
53 a. Pr oof that the res pondent has pro vided the information in paragraph (a) of
54 this subdivision; and
55 b. An acknowledgment in a record fr om the r elevant for eign consulate or
56 embassy that no passport application has been made, or passport issued, on behalf of the
57 child;
58 (c) T o the petitioner , proo f of r egistration with the United States Embassy or
59 other United States diplomatic presence in the destination country and with the Central
60 Authority for the Hague Convention on the Civil Aspects of International Child
61 Abduction, if that Convention is in effect between the United States and the destination
62 country , unless one of the parties objects; and
63 (d) A written waiver under 5 U.S.C. Section 552a of the Privacy Act of 1974, as
64 amended, with r espect to any document, application, or other information pertaining to
65 the child authorizing its disclosur e to the court and the petitioner; and
66 (6) Upon the petitioner's r equest, a req uirement that the res pondent obtain an
67 order fr om the relevan t for eign country containing terms identical to the child custody
68 determination issued in the United States.
69 4. In an abduction prev ention order , the court may impose conditions on the
70 exer cise of custody or visitation that:
71 (1) Limit visitation or requi re that visitation with the child by the res pondent be
72 supervised until the court finds that supervision is no longer necessary and order the
73 r espondent to pay the costs of supervision;
74 (2) Requir e the r espondent to post a bond or pr ovide other security in an
75 amount sufficient to serve as a financial deterre nt to abduction, the proc eeds of which
76 may be used to pay for the re asonable expenses of r ecovery of the child, including
77 r easonable attorneys' fees and costs if ther e is an abduction; and
78 (3) Require the r espondent to obtain education on the potentially harmful effects
79 to the child fr om abduction.
80 5. T o preve nt imminent abduction of a child, a court may:
81 (1) Issue a warrant to take physical custody of the child;
82 (2) Direct the use of law enforcem ent to take any action reas onably necessary to
83 locate the child, obtain ret urn of the child, or enfor ce a custody determination under
84 sections 452.1 100 to 452.1 122 or the law of this state other than sections 452.1 100 to
85 452.1 122; or
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86 (3) Grant any other relief allowed under the law of this state other than sections
87 452.1 100 to 452.1 122.
88 6. The rem edies prov ided in sections 452.1 100 to 452.1 122 are cumulative and do
89 not affect the availability of other re medies to pr event abduction.
452.1 1 18. An abduction prev ention order rem ains in effect until the earliest of:
2 (1) The time stated in the order;
3 (2) The emancipation of the child;
4 (3) The child's attaining eighteen years of age; or
5 (4) The time the order is modified, revok ed, vacated, or superseded by a court
6 with jurisdiction under sections 452.740, 452.745, and 452.750 and applicable law of this
7 state.
452.1 120. In applying and construing sections 452.1 100 to 452.1 122,
2 consideration must be given to the need to pro mote uniformity of the law with
3 r espect to its subject matter among states that enact it.
452.1 122. Sections 452.1 100 to 452.1 122 modify , limit, and supersede the federal
2 Electr onic Signatur es in Global and National Commer ce Act, 15 U.S.C. Section 7001, et
3 seq., but do not modify , limit, or supersede Section 101(c) of the act, 15 U.S.C. Section
4 7001(c), or authorize electr onic delivery of any of the notices described in Section 103(b)
5 of that act, 15 U.S.C. Section 7003(b).
453.700. Sections 453.700 to 453.740 may be cited as the "Uniform Unregu lated
2 Child Custody T ransfer Act".
453.702. In sections 453.700 to 453.740:
2 (1) "Child" means an unemancipated individual under eighteen years of age;
3 (2) "Child-placing agency" means a person with authority under other law of
4 this state to identify or place a child for adoption. The term does not include a par ent of
5 the child;
6 (3) "Custody" means the exerci se of physical car e and supervision of a child;
7 (4) "Intercou ntry adoption" means an adoption or placement for adoption of a
8 child who res ides in a for eign country at the time of adoption or placement. The term
9 includes an adoption finalized in the child's country of r esidence or in a state;
10 (5) "Parent" means an individual recogn ized as a par ent under other law of this
11 state;
12 (6) "Person" means an individual, estate, business or nonpr ofit entity , public
13 corporation, government or governmental subdivision, agency , or instrumentality , or
14 other legal entity;
15 (7) "Record" means information:
16 (a) Inscribed on a tangible medium; or
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17 (b) Stored in an electr onic or other medium and ret rievable in percei vable form;
18 (8) "State" means a state of the United States, the District of Columbia, Puerto
19 Rico, the United States V irgin Islands, or any other territory or possession subject to the
20 jurisdiction of the United States. The term includes a federally reco gnized Indian tribe.
453.704. Sections 453.700 to 453.740 do not apply to custody of an Indian child,
2 as defined in Section 4(4) of the Indian Child W elfar e Act of 1978, 25 U.S.C. Section
3 1903(4), as amended, to the extent custody is governed by the Indian Child W elfar e Act
4 of 1978, 25 U.S.C. Sections 1901 thr ough 1963, as amended.
453.706. In sections 453.706 to 453.716:
2 (1) "Guardian" means a person recogn ized as a guardian under other law of this
3 state;
4 (2) "Intermediary" means a person that assists or facilitates a transfer of
5 custody of a child, whether or not for compensation.
453.708. Sections 453.706 to 453.716 do not apply to a transfer of custody of a
2 child by a par ent or guardian of the child to:
3 (1) A par ent of the child;
4 (2) A steppar ent of the child;
5 (3) An adult who is relat ed to the child by blood, marriage, or adoption;
6 (4) An adult who, at the time of the transfer , had a close rela tionship with the
7 child or the par ent or guardian of the child for a substantial period, and whom the
8 par ent or guardian rea sonably believes, at the time of the transfer , to be a fit custodian
9 of the child;
10 (5) An Indian custodian, as defined in Section 4(6) of the Indian Child W elfar e
11 Act of 1978, 25 U.S.C. Section 1903(6), as amended, of the child; or
12 (6) A member of the child's customary family unit recogn ized by the child's
13 indigenous gr oup under other law of this state.
453.710. 1. Except as pro vided in subsection 2 of this section, a paren t or
2 guardian of a child or an individual with whom a child has been placed for adoption
3 may not transfer custody of the child to another person with the intent, at the time of the
4 transfer , to abandon the rights and res ponsibilities concerning the child.
5 2. A par ent or guardian of a child or an individual with whom a child has been
6 placed for adoption may transfer custody of the child to another person with the intent,
7 at the time of the transfer , to abandon the rights and r esponsibilities concerning the
8 child only thr ough:
9 (1) Adoption or guardianship;
10 (2) Judicial award of custody;
11 (3) Placement by or thr ough a child-placing agency;
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12 (4) Other judicial or tribal action; or
13 (5) Safe place for newborns act of 2002 under section 210.950.
14 3. A person may not r eceive custody of a child, or act as an intermediary in a
15 transfer of custody of a child, if the person knows or reas onably should know the
16 transfer violates subsection 1 of this section. This proh ibition does not apply if the
17 person, as soon as practicable after the transfer , notifies the children 's division of the
18 transfer or takes appr opriate action to establish custody under subsection 2 of this
19 section.
20 4. V iolation of this section is a class B misdemeanor .
21 5. V iolation of subsection 1 of this section is not established solely because a
22 par ent or guardian that transfers custody of a child does not r egain custody .
453.712. 1. If the children's division has a r easonable basis to believe that a
2 person has transferr ed or will transfer custody of a child in violation of subsection 1 of
3 section 453.710, the childr en's division may conduct a home visit as prov ided by other
4 law of this state and take appr opriate action to pr otect the welfare of the child.
5 2. If the childr en's division conducts a home visit for a child adopted or placed
6 thr ough an intercou ntry adoption, the children 's division shall:
7 (1) Pr epare a report on the welfar e and plan for permanent placement of the
8 child; and
9 (2) Pr ovide a copy to the United States Department of State.
10 3. Sections 453.700 to 453.740 do not pre vent the childr en's division fr om taking
11 appr opriate action under other laws of this state.
453.714. 1. A person may not solicit or advertise to:
2 (1) Identify a person to which to make a transfer of custody in violation of
3 subsection 1 of section 453.710;
4 (2) Identify a child for a transfer of custody in violation of subsection 3 of section
5 453.710; or
6 (3) Act as an intermediary in a transfer of custody in violation of subsection 3 of
7 section 453.710.
8 2. V iolation of this section is a class B misdemeanor .
453.716. A law enforcem ent agency may investigate a possible violation of
2 sections 453.706 to 453.714 and take legal action as prov ided by law of this state.
453.718. In sections 453.718 to 453.732, "pr ospective adoptive paren t" means an
2 individual who has been appr oved or permitted under other law of this state to adopt a
3 child.
453.720. Sections 453.718 to 453.732 apply to placement for adoption of a child
2 who:
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3 (1) Has been or is in foster or institutional car e;
4 (2) Pr eviously has been adopted in a state;
5 (3) Has been or is being adopted under the law of a for eign country;
6 (4) Has come or is coming to a state fro m a for eign country to be adopted; or
7 (5) Is not a citizen of the United States.
453.722. W ithin a r easonable time before a child-placing agency places a child
2 for adoption with a pr ospective adoptive par ent, the agency shall pr ovide or cause to be
3 pr ovided to the pro spective adoptive par ent general adoption information. The
4 information must addr ess:
5 (1) Possible physical, mental, emotional, and behavioral issues concerning:
6 (a) Identity , loss, and trauma that a child might experience before, during, or
7 after adoption; and
8 (b) A child leaving familiar ties and surrou ndings;
9 (2) The effect that access to re sources , including health insurance, may have on
10 the ability of an adoptive par ent to meet the needs of a child;
11 (3) Causes of disruption of an adoptive placement or dissolution of an adoption
12 and res ources available to help avoid disruption or dissolution; and
13 (4) Pr ohibitions under sections 453.710 and 453.714.
453.724. 1. Except as pr ohibited by other law of this state, within a reas onable
2 time before a child-placing agency places a child for adoption with a pr ospective
3 adoptive par ent, the agency shall pro vide or cause to be provi ded to the pr ospective
4 adoptive par ent information specific to the child that is known to or reas onably
5 obtainable by the agency and material to the pro spective adoptive pare nt’ s informed
6 decision to adopt the child. The information must include:
7 (1) The child's family , cultural, racial, r eligious, ethnic, linguistic, and
8 educational backgr ound;
9 (2) The child's physical, mental, emotional, and behavioral health;
10 (3) Circu mstances that might adversely affect the child's physical, mental,
11 emotional, or behavioral health;
12 (4) The child's medical history , including immunizations;
13 (5) The medical history of the child's genetic par ents and siblings;
14 (6) The history of an adoptive or out-of-home placement of the child and the
15 r eason the adoption or placement ended;
16 (7) The child's United States immigration status;
17 (8) Medical, therapeutic, and educational resou rce s, including language-
18 acquisition training, available to the adoptive par ent and child after placement for
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19 adoption or adoption to assist in res ponding effectively to physical, mental, emotional,
20 or behavioral health issues; and
21 (9) A vailable record s releva nt to the information in subdivisions (1) thr ough (8)
22 of this subsection.
23 2. If, before an adoption is finalized, additional information under subsection 1
24 of this section that is material to a pr ospective adoptive paren t's informed decision to
25 adopt the child becomes known to or r easonably obtainable by the child-placing agency ,
26 the agency shall pr ovide the information to the pr ospective adoptive paren t.
27 3. If, after an adoption is finalized, additional information under subsection 1 of
28 this section becomes known to the child-placing agency , the agency shall make a
29 r easonable effort to provi de the information to the adoptive par ent.
453.726. 1. A child-placing agency placing a child for adoption shall pr ovide or
2 cause to be pr ovided to the pro spective adoptive paren t guidance and instruction
3 specific to the child to help pr epar e the pare nt to r espond effectively to needs of the child
4 that ar e known to or reas onably ascertainable by the agency .
5 2. The guidance and instruction under subsection 1 of this section must addr ess,
6 if applicable:
7 (1) The potential effect on the child of:
8 (a) A pr evious adoption or out-of-home placement;
9 (b) Multiple pr evious adoptions or out-of-home placements;
10 (c) T rauma, insecure attachment, fetal alcohol exposur e, or malnutrition;
11 (d) Neglect, abuse, drug exposure , or similar adversity;
12 (e) Separation fr om a sibling or significant caregiv er; and
13 (f) A differ ence in ethnicity , race, or cultural identity between the child and the
14 pr ospective adoptive par ent or other child of the par ent;
15 (2) Information available from the federal government on the pr ocess for the
16 child to acquire United States citizenship; and
17 (3) Any other matter the child-placing agency considers material to the
18 adoption.
19 3. The guidance and instruction under subsection 1 of this section must be
20 pr ovided:
21 (1) For adoption of a child res iding in the United States, a r easonable time before
22 the adoption is finalized; or
23 (2) For an intercou ntry adoption, in accordance with federal law .
453.728. On r equest of a child who was placed for adoption or the child's
2 adoptive par ent, the child-placing agency placing the child or the children 's division
3 shall provi de information about how to obtain financial assistance or support services:
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4 (1) T o assist the child or par ent to respond effectively to adjustment, behavioral
5 health, and other challenges; and
6 (2) T o help pre serve the placement or adoption.
453.730. 1. A law enfor cement agency may investigate an allegation that a child-
2 placing agency has failed to comply with sections 453.718 to 453.732 and commence an
3 action for injunctive or other relief or initiate an administrative pr oceeding against the
4 child-placing agency to enfor ce sections 453.718 to 453.732.
5 2. The children 's division may initiate a pro ceeding to determine whether a
6 child-placing agency has failed to comply with sections 453.718 to 453.732. If the
7 childr en's division finds that the child-placing agency has failed to comply , the
8 childr en's division may suspend or r evoke the agency's license or take other action
9 permitted by law of this state.
453.732. The children' s division may adopt rules under chapter 536 to
2 implement sections 453.722, 453.724, and 453.728.
453.734. In applying and construing this uniform act, a court shall consider the
2 pr omotion of uniformity of the law among jurisdictions that enact it.
453.736. Sections 453.700 to 453.740 modify , limit, or supersede the Electr onic
2 Signatur es in Global and National Commer ce Act, 15 U.S.C. Section 7001 et seq., as
3 amended, but do not modify , limit, or supersede 15 U.S.C. Section 7001(c), or authorize
4 electr onic delivery of any of the notices described in 15 U.S.C. Section 7003(b).
453.738. 1. Sections 453.706 to 453.716 apply to:
2 (1) A transfer of custody on or after August 28, 2026; and
3 (2) Soliciting or advertising on or after August 28, 2026.
4 2. Sections 453.718 to 453.732 apply to placement of a child for adoption mor e
5 than sixty days after August 28, 2026.
453.740. If a pr ovision of sections 453.700 to 453.740 or its application to a
2 person or cir cumstance is held invalid, the invalidity does not affect another prov ision
3 or application that can be given effect without the invalid pr ovision.
453.742. Sections 453.700 to 453.740 supplement the pro visions under this
2 chapter and chapter 210 for the transfer of custody of a child. T o the extent the
3 pr ovisions under this chapter or chapter 210 are inconsistent with sections 453.700 to
4 453.740, the prov isions of sections 453.700 to 453.740 contr ol regard ing the transfer of
5 custody of a child.
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487.1 10. The uniform child custody jurisdiction and enfor cement act, as enacted in
2 sections [ 452.440 to 452.550 ] 452.700 to 452.930 , shall apply to all child custody
3 proceedings , as defined in section 452.705, in the family court.
✔
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