| SB 0757 | Revises various child protection laws |
| Sponsor: | Maxwell | |||
| LR Number: | 3145L.19T | Fiscal Note: | 3145-19 | |
| Committee: | Public Health and Welfare | |||
| Last Action: | 07/13/00 - Signed by Governor | Journal page: | ||
| Title: | HS HCS SS#2 SCS SBs 757 & 602 | |||
| Effective Date: | August 28, 2000 | |||
HS/HCS/SS#2/SCS/SBs 757 & 602 - This act revises various child protection laws and various criminal provisions, including those targeting children as victims.
CHILDREN'S SERVICES SECTION 210.001 - Currently, this section requires the Department of Social Services to fund certain regional child assessment centers. New language adds the center in Jefferson County.
CHILD ABUSE AND NEGLECT REPORTS SECTION 210.109 - The Division of Family Services shall immediately contact law enforcement upon receipt of a report of a suspected violation of certain criminal provisions targeting children. As used in this section, "report" includes hotline calls.
SECTION 210.115 - Certain medical, child care and school personnel are currently required to report the death of a child under 18 years of age to the Division. If the medical examiner or coroner determines that the child died from natural causes while under medical care, he or she shall notify the Division of the child's death and the child's attending physician shall sign the death certificate. In all other cases, the medical examiner or coroner shall immediately notify the Division of the child's death, and report the findings to the child fatality review panel.
SECTION 210.145 - The local office of the Division must currently relay reports of certain crimes involving children to local law enforcement. This act adds possession of child pornography and the newly created crime of furnishing child pornography to a minor to the list. Multidisciplinary teams may use the services of and shall maintain communication with local public school district liaisons during the investigation. The local Division staff should determine whether the investigation or the family assessment approach should be used to respond to reports. The Division shall provide written notification to local law enforcement prior to terminating any investigative process. Such notification shall not prevent investigation by law enforcement.
A Chief Investigator shall be named for each local division and, on cases involving multiple incidents with the same child, the Chief Investigator will be required to directly observe the child. If the child attends a non-public school, the Chief Investigator must notify the school principal of the investigation. A person required to report may request findings and information concerning the case. The release of such information will be at the discretion of the Director upon evaluation of the reporter's ability to assist in protecting the child. Findings shall be made available to the reporter within five days of the end of the investigation.
SECTION 210.150 - The duplication of record-keeping provisions in this section and Section 210.152 is deleted and the two-year period before destruction of unsubstantiated reports is removed. Release of findings or information about cases resulting in a child fatality or near fatality is at the Director of the Department of Social Services' discretion, based upon potential harm to other children within the immediate family.
SECTION 210.152 - Currently, the Division must retain identifying information for five years upon a finding of insufficient evidence and must begin counting this time from the date of the closing of a case. This act requires retention of information for ten years from the report date if reports are made by a mandated reporter and for two years from the report date if reports are made by non-mandated reporters.
SECTION 210.192 - The local child fatality review panel shall review all deaths of children under the age of 18 that meet the guidelines set by the Department of Social Services. In addition, the panel has discretion to review any child death reported to it by the medical examiner or coroner.
SECTION 210.195 - The state Child Fatality Review Panel shall meet at least biannually. The state technical assistance team shall submit findings and recommendations at least once a year to entities including juvenile officers and the chairmen of the local child fatality review panels.
SECTION 1 - The Department of Social Services shall engage community-based public and private organizations in Jackson County to participate in a pilot project for the purpose of formulating a community response to chid abuse and neglect.
CONTRACTS SECTION 431.056 - A minor is competent to enter into certain contracts if the minor is at least 16 years of age and is homeless or a victim of domestic violence unless under the supervision of the Division of Family Services or the juvenile court, and is self-supporting and living independently with parental consent.
TERMINATION OF RIGHTS/ADOPTION SECTION 453.011 - Allows expedited procedure for contested proceedings regarding termination of parental rights or adoption of a child, including appellate procedures. This portion of the act is identical to HB 1981.
EVIDENCE SECTION 491.074 - A prior inconsistent statement of any witness testifying in any criminal trial shall be received as substantive evidence. Currently, this provision is limited to prosecutions for offenses against the person, sexual offenses or offenses against the family.
SENTENCING SECTION 559.115 - A court may not grant probation to defendants convicted of certain crimes, including abuse of a child pursuant to Section 568.060, RSMo, when classified as a Class A felony. Abuse of a child is a Class A felony when the offense results in the death of the child.
CRIMINAL PROVISIONS SECTION 556.063 - Recodifies and revises definitions relating to computer crimes.
SECTION 566.010 - Defines "deviate sexual intercourse" to