13 CSR 35-73.080
Adoption Services
PURPOSE: Except as otherwise expressly set
forth in this rule, this rule applies to child
placing agencies licensed pursuant to sections 210.481 to 210.536, RSMo and to intermediaries as defined in section 453.014,
RSMo (includes attorneys licensed pursuant
to Chapter 484, RSMo; physicians licensed
pursuant to Chapter 334, RSMo; or clergyman of the parents) and who, in the absence
of a child placing agency representing the
child, place a child outside the home of the
child’s parent(s) or guardian, or who advertise or hold themselves out as performing
such services (collectively), “adoption intermediaries.” This rule sets forth rules relating
to birth parents, pre-placement and placement services to the child, adoptive family
services, placement services, post-placement
services to the family, adoption disruption
services, and international placements. Only
those rules which specify adoption intermediaries apply to adoption intermediaries. All
rules apply to child placing agencies.
PUBLISHER’S NOTE: The secretary of state
has determined that the publication of the
entire text of the material which is incorporated by reference as a portion of this rule
would be unduly cumbersome or expensive.
This material as incorporated by reference in
this rule shall be maintained by the agency at
its headquarters and shall be made available
to the public for inspection and copying at no
more than the actual cost of reproduction.
This note applies only to the reference material. The entire text of the rule is printed
here.
(1) General Program Requirements.
(A) A child placing agency shall maintain
and make available to its clients information
on resources in the community which may be
of use to foster or adoptive parents, birth parents, children and adult adoptees.
(B) A child placing agency shall ensure
access to its services by eligible persons with
disabilities.
(C) A child placing agency shall maintain
and keep on file a grievance procedure for
clients.
(D) A child placing agency or adoption
intermediary shall be in compliance with all
applicable laws including Interstate Compact
on the Placement of Children (ICPC), Interstate Compact on Adoption and Medical Assistance (ICAMA), and Indian Child Welfare Act
(ICWA).
(2) Services to Birth Parents.
(A) Before services are provided an agency
shall provide a written description of its current program for birth parents, including
information on the agency’s services, options
available for birth parents and the adoption
process.
(B) Before financial liability is incurred or
care of the child is transferred by power of
attorney or court order, an agency shall make
available to birth parents a verbal explanation
of and a written agreement with the agency,
describing specific services to be provided,
fees to be charged, and rights and responsibilities of both parties.
(C) When a child placing agency or adoption intermediary accepts or obtains the waiver of necessity of consent to future adoption
or consent to termination of parental rights of
a child, it can do so only after determining
that the birth parents or legal guardians are
not acting under duress. (Specifically, this
waiver of consent may be taken on the “Consent to Termination of Parental Rights and
Consent to Adoption” form developed by and
made available through the local County
Office of the Children’s Division, or Children’s Division Central Office, PO Box 88,
Jefferson City, MO 65103, or the Court.)
1. The birth parent(s) shall not be
required to sign a statement committing
him/her to any definite plan for the unborn
child in order to obtain services from the
agency.
2. The birth parent(s) shall not be
required to waive the necessity of consent to
future adoption or to consent to termination
of parental rights for a child for adoption in
order to receive medical services, maternity
or residential care, or any other agency service.
3. A child placing agency that directly
provides residential care, foster home care,
and/or maternity home services to clients
shall ensure that such facilities and/or homes
meet applicable state licensing, certification,
or local zoning requirements.
4. The birth mother shall be encouraged
to identify all possible birth and/or legal
fathers and reasonable efforts shall be made
to locate them.
5. All birth and legal parents shall be
informed of their options including parenting
or making an adoption plan.
6. Appropriate legal authorities shall be
notified when a birth parent is a minor or
incompetent so that a guardian ad litem can
be appointed as required by Chapter 453,
RSMo.
7. Before placement of a child, it shall
be documented that the birth parents were—
A. Offered counseling by a child placing agency that fully explores alternative
plans for the child, including, but not limited
to, temporary foster care, day care, and care
by relatives;
B. Informed by the child placing agency or adoption intermediary that their decision must be free, knowing, and voluntary
regardless of their age;
C. Prepared by the child placing agency, along with the child, for placement and
separation;
D. Referred to other community
resources when the agency cannot provide
needed services;
E. Informed of the existing laws
regarding contact and disclosure of information;
F. Asked to submit complete medical
and social information on forms prescribed or
approved by the division (birth parent, social
and medical history); and
G. Asked to update and submit to the
agency changes of address(es) and/or any significant medical information now and in the
future.
8. A child placing agency and, as applicable, the adoption intermediary shall explain
the significance of placement to the birth and
legal parents and document acknowledgment
of said explanations and take appropriate
actions including the following:
A. The full terms of this understanding shall be delineated in writing, signed and
dated by the birth parent(s) and agency, if
applicable, and maintained on file;
B. The birth parent(s) shall be given
the opportunity to state any preferences that
s/he may have affecting the selection of the
adoptive family;
C. A child placing agency or adoption
intermediary shall act in the best interests of
the child in recommending the adoptive family;
D. A child placing agency or the
adoption intermediary shall not take a waiver
of necessity of consent to future adoption,
consent to termination of parental rights or
Consent to Adoption before allowed by
statute; and
E. A child placing agency or the
adoption intermediary shall document those
parents who cannot read, fully understand the
meaning of waiver of necessity of consent to
future adoption or consent to termination of
parental rights.
9. While the parent(s) has the legal right
to resume custody, a child placing agency
shall not delay returning a child solely
because the parent(s) is unable to pay medical
and/or other fees.
10. A child placing agency shall request
the court to take appropriate action as necessary for the protection of the child.
11. After the child is placed for adoption, a child placing agency shall provide
post-placement supportive services to the
birth parent(s) to help them adjust to the
placement and to deal with any concerns,
including at least one (1) in-person contact if
requested by the parent.
(3) Pre-Placement and Placement Services to
the Child.
(A) Prior to adoptive placement, a comprehensive and documented assessment, as
required pursuant to section 453.026, RSMo,
of each child’s medical, psychological, and
social development shall be completed on an
age-appropriate basis by or at the direction of
a child placing agency or adoption intermediary. In preparing this assessment, the agency
or adoption intermediary shall have the duty
to inquire and obtain reports and information
into the following matters concerning the
prospective adoptive child, if such report or
information is appropriate given the age of
the child:
1. A medical examination of the child
within a reasonable period of time prior to
placement, meaning at least within thirty (30)
days prior to, or ten (10) days after, adoptive
placement;
2. Medical, social, and cultural/ethnic
background information about the child’s
birth family;
3. Information on previous alternative
care or adoptive placements, if applicable;
4. Any specialized evaluations, if applicable;
5. Assessment of the child’s needs by
one who is authorized to make such an
assessment under section 453.070.2, RSMo;
6. The child’s involvement in the adoption or reason(s) for not involving the child;
7. An evaluation of the feasibility of
placement with birth sibling(s);
8. Developmental history of the
prospective adoptive child—
A. Birth and health history;
B. Early development—
(I) Locomotor;
(II) Developmental milestones;
(III) Feeding;
(IV) Sleeping; and
(V) Temperament;
C. Current development;
D. A written synopsis of any professional evaluation and treatment recommendations for the child, including medical, educational, dental, psychological, psychiatric,
etc.;
E. Child’s experiences—
(I) Maternal attitudes during pregnancy and early infancy including prenatal
care and drug usage;
(II) Continuity of parental care and
affection;
(III) Foster care placements;
(IV) Separation and attachment
issues; and
(V) Any history of abuse or
neglect; and
F. Language skills or education; and
9. Compliance with ICWA.
(B) A child placing agency that is unable to
locate an appropriate adoptive family within
ninety (90) calendar days of the date the child
was legally freed for adoption shall—
1. Refer the child to the Adoption
Resource Exchange, or any successor
statewide exchange;
2. Refer the child to an interstate or
national adoption exchange; and
3. A child placing agency may refer a
child to any adoption exchange(s) earlier than
is required.
(C) A child placing agency placing a special needs child shall document its efforts to
facilitate an adoptive placement.
(D) Preparation for adoptive placement
shall be done in cooperation with the primary
caregiver to supply the adoptive family with
all necessary social, physical, and developmental background.
1. The placement should include the
temporary caregiver(s) in a meeting with the
adoptive family.
2. Pre-placement visits should take
place in length and frequency that is appropriate to the child’s age, his/her needs, and
response and adjustment to the new family.
(E) For children over thirty-six (36)
months, preparation for adoptive placement
should include the primary caregiver(s) and
private interviews with the child to discuss
the placement plan, as age and developmentally appropriate.
1. The child’s understanding of and
response to these pre-placement interviews
shall be documented in the record.
2. Counseling should include exploration of the child’s understanding of what is
taking place and the child’s feelings about
adoption and separation and loss.
(F) The pre-placement services shall be
recorded in the child’s record.
(4) Adoptive Family Services.
(A) Before services are provided, a child
placing agency shall provide orientation to
prospective adoptive parents to acquaint them
with the agency’s policies and practices, fee
schedules, grievance procedures, the approximate time the assessment will take, eligibility standards, adoption risk issues, availability
of subsidy for special needs children, and the
types of children available so as to enable
them to make an informed decision to proceed.
(B) A child placing agency shall make available to prospective adoptive parents a verbal
explanation of and a written agreement with
the agency, describing specific services to be
provided, fee ranges, and rights and responsibilities of both parties. Said explanation and
agreement shall include the following, if
applicable:
1. Physician’s expenses;
2. Hospital and other medical expenses;
3. Court costs and fees for legal services;
4. Agency fees or expenses—
A. Counseling services;
B. Family assessment services;
C. Birth parent services;
D. Foster care services;
E. Pre- and post-placement social services;
F. Transportation;
G. Contracted services, if applicable;
H. Any other services as may be reasonably foreseeable; and
I. Child-finding services.
(C) A written description of the adoption
program shall be provided to applicants upon
request.
(D) A child placing agency or adoption
intermediary shall complete, or cause to be
completed, an adoptive family assessment of
each eligible adoptive family prior to the
placement of a child in the home. This
assessment shall be completed by a person or
agency as stipulated in section 453.070.2,
RSMo.
1. The family assessment process shall
consist of—
A. An individual interview with each
applicant;
B. A joint interview with co-applicants;
C. Confidential interviews, with all
members of the applicants’ household, as age
appropriate; and
D. A visit to the residence of the
applicant(s) which includes a complete
inspection of the home.
2. The family assessment process shall
include a minimum of at least two (2) separate visits on nonconsecutive days.
3. The written family assessment shall
include:
A. Identifying information on each
member of the household including:
(I) Full name(s), including maiden
and aliases, if applicable;
(II) Current address and phone
number; and previous addresses if less than
five (5) years at current address;
(III) Date and place of birth;
(IV) Citizenship;
(V) Social Security number;
(VI) Race and ethnic background;
(VII) Religion, if applicable;
(VIII) Veteran’s status, if applicable;
(IX) Education;
(X) Place of employment, address,
and telephone numbers;
(XI) Any children, including those
not in the home; and
(XII) Physical description;
B. A social history on each applicant
which shall include:
(I) Description of the applicant’s
family of origin, including type of family
structure, values, child rearing, relationships
past and present, and discipline methods. If
the family of origin was dysfunctional (for
example, alcoholism, abuse) describe how
the applicant has coped with the issues in
his/her adult life;
(II) Educational and occupational
history including current employment;
(III) Marital history and current
relationships;
(IV) Interests and hobbies;
(V) Physical and mental health history including psychiatric treatment, if any,
and extent of alcohol and drug use;
(VI) Applicant’s personality, including applicant’s perceived strengths and
weaknesses, emotional stability and maturity; and
(VII) Religious beliefs and practices;
C. Parenting background of the application(s) which shall include:
(I) Motivation to adopt;
(II) Awareness of adoption issues
such as talking to the child about his/her
adopted status, identity issues with adoptees,
grief and loss in adoption, openness, search;
(III) Applicant’s readiness to seek
family counseling if needed;
(IV) Philosophies on child rearing
and discipline;
(V) Attitudes and acceptance of
adoption by other significant family members
and friends;
(VI) Location and description of
physical residence, including type of community and school district available;
(VII) If the family contains school
age child(ren), reports from school personnel
regarding school adjustment;
(VIII) Child care arrangements;
(IX) Description of children and
adopted children’s background factors the
applicants can accept;
(X) Financial status and management;
(XI) For special needs adoption,
awareness of the child’s special needs and
appropriate ways to meet those needs; and
(XII) For trans-racial or trans-cultural adoption, the applicant’s awareness of
and sensitivity to differences, how they plan
to impact a positive identity, and expose the
child to his/her cultural/ethnic heritage;
D. Supplemental documentation shall
include:
(I) A total of no less than four (4)
reference letters; including, but not limited
to, one (1), employment related reference per
applicant (if applicable) from one (1) who has
worked with the person within the last five
(5) years, one (1) relative, and one (1) nonrelated personal reference;
(II) Child abuse and neglect background screening check Child Abuse and
Neglect Central Registry Unit (CA/N CRU),
no more than six (6) months old;
(III) Criminal arrest records from a
state law enforcement agency, no more than
six (6) months old;
(IV) Criminal conviction records
including a fingerprint search, from a state
law enforcement agency;
(V) Any findings on child abuse or
criminal records shall be followed up by
requesting a copy of the child abuse investigation report or the police report;
(VI) Written medical reports, no
more than twelve (12) months old, on all
adult members of the household;
(VII) Verifications of marriage(s)
and divorces if applicable;
(VIII) Written documentation of
income and financial resources, including a
copy of the latest Federal Income Tax 1040
form verifying adjusted gross income;
(IX) Other family assessments and
recommendations, if applicable; and
(X) Birth and death certificates;
and
E. Impressions and recommendations.
(E) Adoptive family assessments shall be
updated annually. An update shall also be
completed if there is a significant change in
the family situation (for example, job change,
address change). It shall include:
1. One (1) or more interviews with all
members of the family;
2. Medical reports on all household
members biennially unless otherwise indicated;
3. Child abuse/neglect reports on all
adults completed within the last thirty (30)
days;
4. Arrest record check completed within
the last thirty (30) days;
5. Evaluation of any previous placements; and
6. A summary of additional children to
be adopted.
(5) Placement Services.
(A) Prepare child and family for adoption,
including discussion of—
1. Understanding and acceptance of the
child’s background;
2. Separation from birth family;
3. Planning for continued contact, if
applicable;
4. Meaning of and desire for adoption;
5. Placement with siblings, if planned;
6. Plans to encourage and preserve the
child’s ethnic and cultural identity;
7. The adoption process, transfer of custody, period of supervision, and finalization;
and
8. Child’s needs and any special concerns.
(B) A child placing agency shall document
the reason(s) placing the child with the adoptive family is in the child’s best interest.
(C) A child placing agency shall make reasonable efforts to place siblings together.
When sibling placement is not a possibility
the agency or adoption intermediary shall
document—
1. Efforts made to place siblings together;
2. Reasons why such a resource/placement is not possible/available.
3. Plan for contact with siblings or reasons for no contact.
(D) A child placing agency shall make reasonable efforts to place in an adoptive home
of similar racial or cultural background in
compliance with the Multi-Ethnic Placement
Act (MEPA). When such placement is not a
possibility the agency shall document—
1. Efforts made to locate such a home;
and
2. Reasons why such a resource/placement is not possible/available.
(E) A child placing agency shall enter a
written agreement with the adoptive parents
specifying the rights and responsibilities of
each regarding the child during the supervision period.
(F) When more than one (1) child placing
agency is involved in a placement, both agencies shall share information and develop a
mutual written agreement on the services to
be provided by each.
(G) A child placing agency shall provide
the following information, to adoptive parent(s) while maintaining confidentiality as
appropriate:
1. Written history of the child including
developmental and medical history;
2. Reason(s) the birth parent(s) made an
adoption plan;
3. A written synopsis of any professional
evaluation and treatment recommendations
for the child (for example, medical, educational, dental, psychological, psychiatric,
etc.); and
4. Any resources, which may be available to the adoptive families, such as—
A. Missouri Adoption Subsidy Program (MASP);
B. Payment for nonrecurring adoption
expenses only;
C. Missouri Adoption Tax Credit;
D. Supplemental Security Income;
E. Social Security benefits; and
F. Laws relating to health insurance.
(6) Post-Placement Services to Family.
(A) A child placing agency shall provide
education, training, and support to the family,
to facilitate positive adjustment to the placement.
(B) A child placing agency shall maintain
contact with the family during the supervision period.
1. For children thirty-six (36) months of
age and under, the agency shall—
A. Conduct, at a minimum, quarterly
home visits until the adoption is final;
B. Conduct monthly telephone contacts between home visits; and
C. Receive regular written reports
from the child’s pediatri cian.
2. For children over thirty-six (36)
months of age or children with special needs,
the agency shall—
A. Conduct one (1) home visit within
the first ten (10) days of placement, then, at
a minimum, quarterly until the adoption is
finalized;
B. Conduct monthly telephone contacts between home visits;
C. Receive regular written reports
from the child’s pediatri cian;
D. If the child is in school, receive
one (1) report from the school personnel
regarding the child’s progress every school
quarter;
E. Interview the child privately to discuss the child’s feelings about the adoption
during each supervisory visit.
(C) Document in the child’s record that all
members of the adoptive family’s household
were interviewed during supervision.
(D) Document in the child’s record that the
following issues were discussed:
1. How the addition of this child into the
family has changed marital and sibling relationships and how extended family and
friends have reacted to the adoption;
2. What role each family member has
assumed in child care;
3. How parents have coped with adjustments, additional responsibilities, discipline,
physical, psychological, emotional, and
financial stresses;
4. How family is imparting knowledge
of child’s history, as age appropriate; and
5. The child’s adjustment including
health, school, and family.
(E) Prior to finalization, the family will
provide documentation to the child placing
agency that provisions have been made to provide for the care of child in the event of the
parents inability to provide care.
(7) Disruption of Placement.
(A) A child placing agency shall have and
follow a written policy on procedures to be
followed in the event of an adoptive placement disruption which shall include:
1. A thorough assessment of the reasons
for the disruption;
2. Provision of counseling services to
the adoptive family and child as needed; and
3. Provision for temporary care of the
child until another permanent plan can be
made.
(B) A child placing agency maintains
responsibility for the health and welfare of a
child. When it becomes necessary to remove
a child from a placement the agency shall—
1. Take appropriate action to insure the
child’s health and well being;
2. Seek an appropriate adoptive resource
for the child; and
3. Advise the appropriate court(s) of
placement changes.
(C) The division shall be notified in writing within three (3) working days of all disruptions.
(8) International Placements.
(A) Families being considered for the
placement of a child from a foreign country
shall meet all criteria for families adopting a
child born in Missouri as specified in 13 CSR
35-73.080(4).
(B) Families residing in states other than
Missouri, but adopting children from a Missouri resource, must also complete a criminal
record check and child abuse and neglect
screening in their state of residence.
(C) In countries where foreign government
authorization or licensure of orphanages,
lawyers, or others working in the field of
adoption is required, agencies shall enter into
agreements and working relationships regarding an adoption with those who meet the
requirements of the foreign government.
(D) In countries where an agency based in
Missouri is required to obtain a license or
other authorization from that country, a copy
of said license or authorization shall be filed
with the division.
(E) In the event that the adoptive placement ends in a disruption, the same procedure as stated in 13 CSR 35-73.080(7) shall
be followed.
1. If the disruption occurs prior to the
finalization of the adoption, the placing agency shall be responsible for the care and replacement of the child, as discussed in 13
CSR 35-73.080(7).
2. If the child placing agency is an agency located in the state other than Missouri,
applicable provisions of the ICPC shall be
followed.
3. If the child placing agency is a Missouri agency and the child is placed in a state
other than Missouri and the adoption disrupts, applicable provisions of the ICPC shall
be followed.
(F) Pre-Placement Planning.
1. A child placing agency evaluating the
prospective adoptive parents shall include in
their discussion with and evaluation of the
adoptive family:
A. Discussion of the family’s intent
and ability to help the child maintain cultural/ethnic identity and familiarity with the
country of origin;
B. Discussion of factors particular to
child’s country of origin (such as, medical,
developmental concerns);
C. Community resources available to
assist the prospective adoptive parents with
the adjustment following the placement of the
child; and
D. Coping with any language, cultural, or other barriers that may affect the placement.
2. A child placing agency must evaluate
the prospective adoptive parents for the
placement of a child from a foreign country,
including discussion about the child’s acceptance within the immediate and extended
family, and the community at large.
3. For international placement situations
where the prospective adoptive parents must
travel to the foreign country, assistance from
the placing agency should include assisting or
preparing the family for such travel, assistance with passport and visa, any immuniza -
tions, or health concerns and preparation for
travel within the foreign culture.
4. A child placing agency shall obtain
and document all available infor mation about
the birth parents.
(G) Post-placement services.
1. Post-placement services shall be provided in compliance with provisions of rule
13 CSR 35-73.080(6).
2. Attention shall be given to the child’s
acceptance within the extended family and
the community at large.
3. Discussion shall focus on any differences in appearance of the child from the
family and how those differences are being
addressed and resolved.
4. Health concerns relative to the child’s
country of origin shall be noted and followed
by a physician as needed and shall be discussed by the worker and the family.
5. Post-placement reports shall be completed and forwarded to the country of origin
as required by that country.
6. The agency shall offer information to
the family regarding recognition of foreign
decree, transfer of custody, and adoption as
needed.
7. Certified copies of the final decree of
the adoption shall be kept in the case record
and forwarded to the country of origin as
needed. A translation of said decree shall be
retained if applicable.
8. Families shall be encouraged to complete naturalization proceedings on their
adopted child.
(9) A child placing agency that provides services for adoption must comply with all provisions of the licensing rules.
AUTHORITY section 207.020, RSMo 2016.*
This rule originally filed as 13 CSR 4073.080. Original rule filed Sept. 18, 1956,
effective Sept. 28, 1956. Refiled: March 12,
1976. Amended: Filed Nov. 6, 1981, effective
Feb. 11, 1982. Rescinded: Filed Jan. 14,
1997, effective July 30, 1997. Readopted:
Filed Feb. 6, 1997, effective July 30, 1997.
Emergency amendment filed Jan. 15, 1998,
effective Feb. 1, 1998, expired July 30, 1998.
Amended: Filed Jan. 15, 1998, effective July
30, 1998. Moved to 13 CSR 35-73.080 and
amended: Filed Sept. 7, 2018, effective April
30, 2019.
*Original authority: 207.020, RSMo 1945, amended 1961,
1965, 1977, 1981, 1982, 1986, 1993, 2014.