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FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 121
103RD GENERAL ASSEMBLY
0797S.06T 2025
AN ACT
To repeal sections 135.600, 135.621, and 210.950, RSMo, and to enact in lieu thereof five
new sections relating to vulnerable persons.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 135.600, 135.621, and 210.950, RSMo, are repealed and five new
2 sections enacted in lieu thereof, to be known as sections 135.315, 135.600, 135.621, 210.950,
3 and 453.650, to read as follows:
135.315. 1. This section and section 453.650 shall be known and may be cited as
2 the "Zero-Cost Adoption Fund Act".
3 2. As used in this section, the following terms mean:
4 (1) "Fund", the zero-cost adoption fund established under section 453.650;
5 (2) "Qualified taxpayer", any individual, firm, partner in a firm, corporation,
6 shareholder in an S corporation, or other entity doing business in this state, subject to
7 the state income tax imposed under chapter 143, excluding the withholding tax imposed
8 under sections 143.191 to 143.265, who makes a qualifying contribution to the fund;
9 (3) "Qualifying contribution", a donation of cash, including, but not limited to,
10 checks drawn on a banking institution located in the continental United States in U.S.
11 dollars, other cashier checks, or third-party checks exceeding ten thousand dollars;
12 money orders; payroll deductions; and electronic fund transfers, for the purpose of
13 claiming a tax credit under this section. This term shall not include stocks, bonds, other
14 marketable securities, or property;
EXPLANATION — 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.
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15 (4) "Tax credit", a credit against the tax otherwise due under chapter 143,
16 excluding withholding tax imposed under sections 143.191 to 143.265, and chapter 153.
17 3. For all tax years beginning on or after January 1, 2026, a qualified taxpayer
18 shall be allowed to claim a tax credit against the qualified taxpayer's state tax liability in
19 an amount equal to one hundred percent of the qualified taxpayer's qualifying
20 contribution to the fund made during the tax year for which the credit is claimed.
21 4. The amount of the tax credit claimed shall not exceed fifty percent of the
22 qualified taxpayer's state tax liability for the tax year for which the credit is claimed.
23 The state treasurer shall certify the tax credit amount to the qualified taxpayer. A
24 qualified taxpayer may carry the credit forward to any of such taxpayer's four
25 subsequent tax years. All tax credits authorized under this section shall not be
26 transferred, sold, assigned, or otherwise conveyed, and are not refundable.
27 5. (1) The cumulative amount of tax credits that may be allocated to all qualified
28 taxpayers in the first year of the program shall not exceed five million dollars. Such
29 amount shall be annually adjusted by the department for inflation based on the
30 consumer Price Index for All Urban Consumers for the Midwest Region, as defined and
31 officially recorded by the United States Department of Labor or its successor, and such
32 annual increase shall cease when the cumulative amount of tax credits that may be
33 allocated to all qualified taxpayers per calendar year reaches seventy-five million
34 dollars.
35 (2) The department shall establish a procedure by which, from the beginning of
36 the calendar year until August first, the cumulative amount of tax credits that may be
37 allocated under the program shall be allowed on a first-come, first-served basis among
38 all qualified taxpayers.
39 (3) If a qualified taxpayer fails to use all, or some percentage to be determined
40 by the department, of the taxpayer's allocated tax credits during this period, the
41 department may reallocate these unused tax credits to those qualified taxpayers that
42 have used all, or some percentage to be determined by the department, of the taxpayers'
43 allocated tax credits during this period. The department may establish more than one
44 period and reallocate more than once during each calendar year.
45 (4) The department shall establish the procedure described in this subsection in
46 such a manner as to ensure that qualified taxpayers can claim all the tax credits possible
47 up to the cumulative amount of tax credits available for the calendar year.
48 6. The state treasurer shall provide a standardized format for a receipt to be
49 issued to a qualified taxpayer to indicate the value of a qualifying contribution received.
50 The department of revenue shall require a qualified taxpayer to provide a copy of this
51 receipt if claiming the tax credit authorized by this section.
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52 7. The state treasurer and the department of revenue shall promulgate all
53 necessary rules and regulations for the administration of this section including, but not
54 limited to, rules relating to the verification of a taxpayer's qualifying contribution. Any
55 rule or portion of a rule, as that term is defined in section 536.010, that is created under
56 the authority delegated in this section shall become effective only if it complies with and
57 is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This
58 section and chapter 536 are nonseverable and if any of the powers vested with the
59 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
60 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
61 rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be
62 invalid and void.
63 8. Under section 23.253 of the Missouri sunset act:
64 (1) The provisions of the new program authorized under this section shall
65 automatically sunset on December thirty-first, six years after the effective date of this
66 section unless reauthorized by an act of the general assembly;
67 (2) If such program is reauthorized, the program authorized under this section
68 shall automatically sunset on December thirty-first, twelve years after the effective date
69 of the reauthorization of this section;
70 (3) This section shall terminate on September first of the calendar year
71 immediately following the calendar year in which the program authorized under this
72 section is sunset; and
73 (4) Nothing in this subsection shall prevent a taxpayer from claiming a tax credit
74 properly issued before this program was sunset in a tax year after the program is sunset.
135.600. 1. As used in this section, the following terms shall mean:
2 (1) "Contribution", a donation of cash, stock, bonds or other marketable securities, or
3 real property;
4 (2) "Maternity home", a residential facility located in this state:
5 (a) Established for the purpose of providing housing and assistance to pregnant
6 women who are carrying their pregnancies to term;
7 (b) That does not perform, induce, or refer for abortions and that does not hold itself
8 out as performing, inducing, or referring for abortions;
9 (c) That provides services at no cost to clients; and
10 (d) That is exempt from income taxation under the United States Internal Revenue
11 Code;
12 (3) "State tax liability", in the case of a business taxpayer, any liability incurred by
13 such taxpayer pursuant to the provisions of chapter 143, chapter 147, chapter 148, and chapter
14 153, exclusive of the provisions relating to the withholding of tax as provided for in sections
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15 143.191 to 143.265, and related provisions, and in the case of an individual taxpayer, any
16 liability incurred by such taxpayer pursuant to the provisions of chapter 143;
17 (4) "Taxpayer", a person, firm, a partner in a firm, corporation or a shareholder in an
18 S corporation doing business in the state of Missouri and subject to the state income tax
19 imposed by the provisions of chapter 143, including any [charitable] organization which is
20 exempt from federal income tax and whose Missouri unrelated business taxable income, if
21 any, would be subject to the state income tax imposed under chapter 143, or a corporation
22 subject to the annual corporation franchise tax imposed by the provisions of chapter 147, or
23 an insurance company paying an annual tax on its gross premium receipts in this state, or
24 other financial institution paying taxes to the state of Missouri or any political subdivision of
25 this state pursuant to the provisions of chapter 148, or an express company which pays an
26 annual tax on its gross receipts in this state pursuant to chapter 153, or an individual subject to
27 the state income tax imposed by the provisions of chapter 143.
28 2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax
29 liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a
30 maternity home for all fiscal years ending on or before June 30, 2022, and seventy percent of
31 the amount such taxpayer contributed to a maternity home for all fiscal years beginning on or
32 after July 1, 2022.
33 3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's
34 state tax liability for the tax year that the credit is claimed, and such taxpayer shall not be
35 allowed to claim a tax credit in excess of [fifty] one hundred thousand dollars per tax year.
36 However, any tax credit that cannot be claimed in the tax year the contribution was made may
37 be carried over only to the next succeeding tax year. No tax credit issued under this section
38 shall be assigned, transferred, or sold.
39 4. Except for any excess credit which is carried over pursuant to subsection 3 of this
40 section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such
41 taxpayer's contribution or contributions to a maternity home or homes in such taxpayer's tax
42 year has a value of at least one hundred dollars.
43 5. The director of the department of social services shall determine, at least annually,
44 which facilities in this state may be classified as maternity homes. The director of the
45 department of social services may require of a facility seeking to be classified as a maternity
46 home whatever information is reasonably necessary to make such a determination. The
47 director of the department of social services shall classify a facility as a maternity home if
48 such facility meets the definition set forth in subsection 1 of this section.
49 6. The director of the department of social services shall establish a procedure by
50 which a taxpayer can determine if a facility has been classified as a maternity home, and by
51 which such taxpayer can then contribute to such maternity home and claim a tax credit.
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52 Maternity homes shall be permitted to decline a contribution from a taxpayer. The
53 cumulative amount of tax credits which may be claimed by all the taxpayers contributing to
54 maternity homes in any one fiscal year shall not exceed two million dollars for all fiscal years
55 ending on or before June 30, 2014, and two million five hundred thousand dollars for all
56 fiscal years beginning on or after July 1, 2014, and ending on or before June 30, 2019, and
57 three million five hundred thousand dollars for all fiscal years beginning on or after July 1,
58 2019, and ending on or before June 30, 2022. For all fiscal years beginning on or after July 1,
59 2022, there shall be no limit imposed on the cumulative amount of tax credits that may be
60 claimed by all taxpayers contributing to maternity homes under the provisions of this section.
61 Tax credits shall be issued in the order contributions are received. If the amount of tax credits
62 redeemed in a fiscal year is less than the cumulative amount authorized under this subsection,
63 the difference shall be carried over to a subsequent fiscal year or years and shall be added to
64 the cumulative amount of tax credits that may be authorized in that fiscal year or years.
65 7. For all fiscal years ending on or before June 30, 2022, the director of the
66 department of social services shall establish a procedure by which, from the beginning of the
67 fiscal year until some point in time later in the fiscal year to be determined by the director of
68 the department of social services, the cumulative amount of tax credits are equally
69 apportioned among all facilities classified as maternity homes. If a maternity home fails to
70 use all, or some percentage to be determined by the director of the department of social
71 services, of its apportioned tax credits during this predetermined period of time, the director
72 of the department of social services may reapportion these unused tax credits to those
73 maternity homes that have used all, or some percentage to be determined by the director of
74 the department of social services, of their apportioned tax credits during this predetermined
75 period of time. The director of the department of social services may establish more than one
76 period of time and reapportion more than once during each fiscal year. To the maximum
77 extent possible, the director of the department of social services shall establish the procedure
78 described in this subsection in such a manner as to ensure that taxpayers can claim all the tax
79 credits possible up to the cumulative amount of tax credits available for the fiscal year.
80 8. This section shall become effective January 1, 2000, and shall apply to all tax years
81 after December 31, 1999.
135.621. 1. As used in this section, the following terms mean:
2 (1) "Contribution", a donation of cash, stock, bonds, other marketable securities, or
3 real property;
4 (2) "Department", the department of social services;
5 (3) "Diaper bank", a national diaper bank or a nonprofit entity located in this state
6 established and operating primarily for the purpose of collecting or purchasing disposable
7 diapers or other hygiene products for infants, children, or incontinent adults and that regularly
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8 distributes such diapers or other hygiene products through two or more schools, health care
9 facilities, governmental agencies, or other nonprofit entities for eventual distribution to
10 individuals free of charge;
11 (4) "National diaper bank", a nonprofit entity located in this state that meets the
12 following criteria:
13 (a) Collects, purchases, warehouses, and manages a community inventory of
14 disposable diapers or other hygiene products for infants, children, or incontinent adults;
15 (b) Regularly distributes a consistent and reliable supply of such diapers or
16 other hygiene products through two or more schools, health care facilities,
17 governmental agencies, or other nonprofit entities for eventual distribution to
18 individuals free of charge, with the intention of reducing diaper need; and
19 (c) Is a member of a national network organization serving all fifty states
20 through which certification demonstrates nonprofit best practices, data-driven program
21 design, and equitable distribution focused on best serving infants, children, and
22 incontinent adults;
23 (5) "Tax credit", a credit against the tax otherwise due under chapter 143, excluding
24 withholding tax imposed under sections 143.191 to 143.265, or otherwise due under chapter
25 148 or 153;
26 [(5)] (6) "Taxpayer", a person, firm, partner in a firm, corporation, or shareholder in
27 an S corporation doing business in the state of Missouri and subject to the state income tax
28 imposed under chapter 143; an insurance company paying an annual tax on its gross premium
29 receipts in this state; any other financial institution paying taxes to the state of Missouri or
30 any political subdivision of this state under chapter 148; an express company that pays an
31 annual tax on its gross receipts in this state under chapter 153; an individual subject to the
32 state income tax under chapter 143; or any charitable organization that is exempt from federal
33 income tax and whose Missouri unrelated business taxable income, if any, would be subject to
34 the state income tax imposed under chapter 143.
35 2. For all fiscal years beginning on or after July 1, 2019, a taxpayer shall be allowed
36 to claim a tax credit against the taxpayer's state tax liability in an amount equal to fifty percent
37 of the amount of such taxpayer's contributions to a diaper bank.
38 3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's
39 state tax liability for the tax year for which the credit is claimed, and such taxpayer shall not
40 be allowed to claim a tax credit in excess of fifty thousand dollars per tax year. However, any
41 tax credit that cannot be claimed in the tax year the contribution was made may be carried
42 over only to the next subsequent tax year. No tax credit issued under this section shall be
43 assigned, transferred, or sold.
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44 4. Except for any excess credit that is carried over under subsection 3 of this section,
45 no taxpayer shall be allowed to claim a tax credit unless the taxpayer contributes at least one
46 hundred dollars to one or more diaper banks during the tax year for which the credit is
47 claimed.
48 5. The department shall determine, at least annually, which entities in this state
49 qualify as diaper banks. The department may require of an entity seeking to be classified as a
50 diaper bank any information which is reasonably necessary to make such a determination.
51 The department shall classify an entity as a diaper bank if such entity satisfies the definition
52 under subsection 1 of this section.
53 6. The department shall establish a procedure by which a taxpayer can determine if an
54 entity has been classified as a diaper bank.
55 7. Diaper banks may decline a contribution from a taxpayer.
56 8. The cumulative amount of tax credits that may be claimed by all the taxpayers
57 contributing to diaper banks in any one fiscal year shall not exceed five hundred thousand
58 dollars. Tax credits shall be issued in the order contributions are received. If the amount of
59 tax credits redeemed in a tax year is less than five hundred thousand dollars, the difference
60 shall be added to the cumulative limit created under this subsection for the next fiscal year
61 and carried over to subsequent fiscal years until claimed.
62 9. The department shall establish a procedure by which, from the beginning of the
63 fiscal year until some point in time later in the fiscal year to be determined by the department,
64 the cumulative amount of tax credits are equally apportioned among all entities classified as
65 diaper banks. If a diaper bank fails to use all, or some percentage to be determined by the
66 department, of its apportioned tax credits during this predetermined period of time, the
67 department may reapportion such unused tax credits to diaper banks that have used all, or
68 some percentage to be determined by the department, of their apportioned tax credits during
69 this predetermined period of time. The department may establish multiple periods each fiscal
70 year and reapportion accordingly. To the maximum extent possible, the department shall
71 establish the procedure described under this subsection in such a manner as to ensure that
72 taxpayers can claim as many of the tax credits as possible, up to the cumulative limit created
73 under subsection 8 of this section.
74 10. Each diaper bank shall provide information to the department concerning the
75 identity of each taxpayer making a contribution and the amount of the contribution. The
76 department shall provide the information to the department of revenue. The department shall
77 be subject to the confidentiality and penalty provisions of section 32.057 relating to the
78 disclosure of tax information.
79 11. Under section 23.253 of the Missouri sunset act:
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80 (1) The provisions of the program authorized under this section shall automatically
81 sunset on December thirty-first six years after August 28, [2018] 2025, unless reauthorized by
82 an act of the general assembly;
83 (2) If such program is reauthorized, the program authorized under this section shall
84 automatically sunset on December thirty-first six years after the effective date of the
85 reauthorization of this section;
86 (3) This section shall terminate on September first of the calendar year immediately
87 following the calendar year in which the program authorized under this section is sunset; and
88 (4) The provisions of this subsection shall not be construed to limit or in any way
89 impair the department's ability to issue tax credits authorized on or before the date the
90 program authorized under this section expires or a taxpayer's ability to redeem such tax
91 credits.
210.950. 1. This section shall be known and may be cited as the "Safe Place for
2 Newborns Act of 2002". The purpose of this section is to protect newborn children from
3 injury and death caused by abandonment by a parent, and to provide safe and secure
4 alternatives to such abandonment.
5 2. As used in this section, the following terms mean:
6 (1) "Hospital", as defined in section 197.020;
7 (2) "Maternity home", the same meaning as such term is defined in section 135.600;
8 (3) "Newborn safety incubator", a medical device used to maintain an optimal
9 environment for the care of a newborn infant;
10 (4) "Nonrelinquishing parent", the biological parent who does not leave a newborn
11 infant in a newborn safety incubator or with any person listed in subsection 3 of this section in
12 accordance with this section;
13 (5) "Pregnancy resource center", the same meaning as such term is defined in section
14 135.630;
15 (6) "Relinquishing parent", the biological parent or person acting on such parent's
16 behalf who leaves a newborn infant in a newborn safety incubator or with any person listed in
17 subsection 3 of this section in accordance with this section.
18 3. A parent shall not be prosecuted for a violation of section 568.030, 568.032,
19 568.045 or 568.050 for actions related to the voluntary relinquishment of a child up to [forty-
20 five] ninety days old pursuant to this section if:
21 (1) Expressing intent not to return for the child, the parent voluntarily delivered the
22 child safely to a newborn safety incubator or to the physical custody of any of the following
23 persons:
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24 (a) An employee, agent, or member of the staff of any hospital, maternity home, or
25 pregnancy resource center in a health care provider position or on duty in a nonmedical paid
26 or volunteer position;
27 (b) A firefighter or emergency medical technician on duty in a paid position or on
28 duty in a volunteer position; or
29 (c) A law enforcement officer;
30 (2) The child was no more than [forty-five] ninety days old when delivered by the
31 parent to the newborn safety incubator or to any person listed in subdivision (1) of this
32 subsection; and
33 (3) The child has not been abused or neglected by the parent prior to such voluntary
34 delivery.
35 4. A parent voluntarily relinquishing a child under this section shall not be required to
36 provide any identifying information about the child or the parent. No person shall induce or
37 coerce, or attempt to induce or coerce, a parent into revealing his or her identity. No officer,
38 employee, or agent of this state or any political subdivision of this state shall attempt to locate
39 or determine the identity of such parent. In addition, any person who obtains information on
40 the relinquishing parent shall not disclose such information except to the following:
41 (1) A birth parent who has waived anonymity or the child's adoptive parent;
42 (2) The staff of the department of health and senior services, the department of social
43 services, or any county health or social services agency or licensed child welfare agency that
44 provides services to the child;
45 (3) A person performing juvenile court intake or dispositional services;
46 (4) The attending physician;
47 (5) The child's foster parent or any other person who has physical custody of the
48 child;
49 (6) A juvenile court or other court of competent jurisdiction conducting proceedings
50 relating to the child;
51 (7) The attorney representing the interests of the public in proceedings relating to the
52 child; and
53 (8) The attorney representing the interests of the child.
54 5. A person listed in subdivision (1) of subsection 3 of this section shall, without a
55 court order, take physical custody of a child the person reasonably believes to be no more than
56 [forty-five] ninety days old and is delivered in accordance with this section by a person
57 purporting to be the child's parent or is delivered in accordance with this section to a newborn
58 safety incubator. If delivery of a newborn is made pursuant to this section in any place other
59 than a hospital, the person taking physical custody of the child shall arrange for the immediate
60 transportation of the child to the nearest hospital licensed pursuant to chapter 197.
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61 6. The hospital, its employees, agents and medical staff shall perform treatment in
62 accordance with the prevailing standard of care as necessary to protect the physical health or
63 safety of the child. The hospital shall notify the children's division and the local juvenile
64 officer upon receipt of a child pursuant to this section. The local juvenile officer shall
65 immediately begin protective custody proceedings and request the child be made a ward of
66 the court during the child's stay in the medical facility. Upon discharge of the child from the
67 medical facility and pursuant to a protective custody order ordering custody of the child to the
68 division, the children's division shall take physical custody of the child. The parent's
69 voluntary delivery of the child in accordance with this section shall constitute the parent's
70 implied consent to any such act and a voluntary relinquishment of such parent's parental
71 rights.
72 7. In any termination of parental rights proceeding initiated after the relinquishment
73 of a child pursuant to this section, the juvenile officer shall make public notice that a child has
74 been relinquished, including the sex of the child, and the date and location of such
75 relinquishment. Within thirty days of such public notice, the parent wishing to establish
76 parental rights shall identify himself or herself to the court and state his or her intentions
77 regarding the child. The court shall initiate proceedings to establish paternity, or if no person
78 identifies himself as the father within thirty days, maternity. The juvenile officer shall make
79 examination of the putative father registry established in section 192.016 to determine
80 whether attempts have previously been made to preserve parental rights to the child. If such
81 attempts have been made, the juvenile officer shall make reasonable efforts to provide notice
82 of the abandonment of the child to such putative father.
83 8. (1) If a relinquishing parent of a child relinquishes custody of the child to a
84 newborn safety incubator or to any person listed in subsection 3 of this section in accordance
85 with this section and to preserve the parental rights of the nonrelinquishing parent, the
86 nonrelinquishing parent shall take such steps necessary to establish parentage within thirty
87 days after the public notice or specific notice provided in subsection 7 of this section.
88 (2) If either parent fails to take steps to establish parentage within the thirty-day
89 period specified in subdivision (1) of this subsection, either parent may have all of his or her
90 rights terminated with respect to the child.
91 (3) When either parent inquires at a hospital regarding a child whose custody was
92 relinquished pursuant to this section, such facility shall refer such parent to the children's
93 division and the juvenile court exercising jurisdiction over the child.
94 9. The persons listed in subdivision (1) of subsection 3 of this section shall be
95 immune from civil, criminal, and administrative liability for accepting physical custody of a
96 child pursuant to this section if such persons accept custody in good faith. Such immunity
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97 shall not extend to any acts or omissions, including negligent or intentional acts or omissions,
98 occurring after the acceptance of such child.
99 10. The children's division shall:
100 (1) Provide information and answer questions about the process established by this
101 section on the statewide, toll-free telephone number maintained pursuant to section 210.145;
102 (2) Provide information to the public by way of pamphlets, brochures, or by other
103 ways to deliver information about the process established by this section.
104 11. It shall be an affirmative defense to prosecution for a violation of sections
105 568.030, 568.032, 568.045, and 568.050 that a parent who is a defendant voluntarily
106 relinquished a child no more than one year old under this section.
107 12. Nothing in this section shall be construed as conflicting with section 210.125.
108 13. (1) There is hereby created in the state treasury the "Safe Place for
109 Newborns Fund", which shall consist of moneys appropriated by the general assembly
110 from general revenue and any gifts, bequests, or donations. The state treasurer shall be
111 custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer
112 may approve disbursements. The fund shall be a dedicated fund and, upon
113 appropriation, moneys in this fund shall be used solely for the installation of
114 newborn safety incubators.
115 (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys
116 remaining in the fund at the end of the biennium shall not revert to the credit of the
117 general revenue fund.
118 (3) The state treasurer shall invest moneys in the fund in the same manner as
119 other funds are invested. Any interest and moneys earned on such investments shall be
120 credited to the fund.
121 14. The state of Missouri shall provide matching moneys from the general
122 revenue fund for the installation of newborn safety incubators. The total amount
123 available to the fund from state sources under such a match program shall be up to ten
124 thousand dollars for each newborn safety incubator installed.
125 15. The director of the department of health and senior services may promulgate all
126 necessary rules and regulations for the administration of this section, including rules
127 governing the specifications, installation, maintenance, and oversight of newborn safety
128 incubators. Any rule or portion of a rule, as that term is defined in section 536.010, that is
129 created under the authority delegated in this section shall become effective only if it complies
130 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
131 This section and chapter 536 are nonseverable and if any of the powers vested with the
132 general assembly pursuant to chapter 536 to review, to delay the effective date, or to
133 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
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134 rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid
135 and void.
453.650. 1. There is hereby created in the state treasury the "Zero-Cost
2 Adoption Fund", which shall consist of moneys appropriated by the general assembly
3 and any gifts, bequests, and donations. The state treasurer shall be custodian of the
4 fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve
5 disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in
6 this fund shall be used solely as provided in subsection 4 of this section. The fund shall
7 be administered by the department of social services.
8 2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys
9 remaining in the fund at the end of the biennium shall not revert to the credit of the
10 general revenue fund.
11 3. The state treasurer shall invest moneys in the fund in the same manner as
12 other funds are invested. Any interest and moneys earned on such investments shall be
13 credited to the fund.
14 4. Moneys in the fund shall be used, in order of descending priority, to:
15 (1) Assist a resident of this state in paying for nonrecurring adoption expenses,
16 as defined in section 135.326, for each child adopted;
17 (2) Provide post-adoption assistance, including reimbursement of adoption costs
18 paid in advance, counseling services, and other care that may be required;
19 (3) Promote adoption and recruit potential adoptive families; and
20 (4) Support community-based intervention methods to prevent children from
21 entering into foster care.
22 5. In accordance with subsection 4 of this section, moneys in the fund may be
23 used for either public or private adoptions; however, priority shall be given to adoptions
24 with children in foster care.
25 6. The department of social services may promulgate all necessary rules and
26 regulations for the administration of this section. Any rule or portion of a rule, as that
27 term is defined in section 536.010, that is created under the authority delegated in this
28 section shall become effective only if it complies with and is subject to all of the
29 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter
30 536 are nonseverable and if any of the powers vested with the general assembly
31 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul
32 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
33 and any rule proposed or adopted after August 28, 2025, shall be invalid and void.
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