Senate Committee Substitute

SENIOR CITIZENS AND DISABLED PERSONS PROTECTION

Under this act, the necessary statutory changes are made due to the transfer of the Division of Aging from the Department of Social Services to the Department of Health and Senior Services.

This act also modifies provisions relating to protections for senior citizens and the disabled receiving care for in-home services, adult day care, or personal care assistance.

This act modifies the provisions on the elder abuse and neglect awareness program to include information on financial exploitation of the elderly. SECTION 192.925

This act modifies the mandatory reporting provision affecting senior citizens and the disabled receiving in-home care and adult-day care services to include personal care services. Mandatory reporters must also now immediately report to the Department of Health and Senior Services if there is reasonable cause to believe that misappropriation of property or moneys of a patient, resident or consumer or the falsification of any documents verifying service delivery of in-home services or consumer-directed services has occurred. SECTION 192.2150.2.

Upon receipt of a report that indicates an imminent danger to the health, safety, or welfare of a patient, resident or consumer or substantial probability that death or serious physical injury will result, the department shall initiate an investigation within twenty-four hours. The department shall initiate all other investigations as soon as practicable. Notification of an investigation and whether such report was substantiated shall also be made to the patient, resident, or consumer's legal representative as soon as possible. SECTION 192.2150.6

When information gained from an investigation indicates a crime has occurred, the department shall report such information to appropriate law enforcement authorities. SECTION 192.2150.7

This act requires the department to keep the names of individuals submitting abuse and falsification of document reports confidential unless the complainant agrees to the disclosure of his or her name, the name of the complainant is lawfully subpoenaed, the release of a name is required by the Administrative Hearing Commission, or the release of a name is requested by the Department of Social Services for the purpose of licensure under Chapter 210, RSMo. SECTION 192.2150.9

This act protects patients and patients' family members from eviction, harassment, or retaliation due to the filing of a report of a violation or suspected violation of the laws or regulations of this act. SECTION 192.2150.13

Any potential patient or new referral of the department shall be screened to ascertain if they are included on the Missouri sexual offender registry and the provider shall be notified if a sexual offender was identified. SECTION 192.2150.15

Any person who fails to make the required abuse, neglect, misappropriation, or falsification of documents report shall be guilty of a class A misdemeanor. Any provider who knowingly conceals abuse or neglect that results in the death or serious injury of the patient shall be guilty of a class D felony. In addition, any provider who willfully and knowingly fails to report known abuse by an employee may be subject to a one thousand dollar per abuse violation administrative penalty by the Department of Health and Senior Services. SECTION 192.2153

This act provides that the department shall make available the employee disqualification list upon request to recognized schools of nursing or other health care professionals, or to consumer reporting agencies conducting background checks for specified entities. Such information shall not be disclosed to unauthorized entities. SECTION 192.2175.11

This act extends the time a person can be listed on the employee disqualification list by one year if he or she is employed in a prohibited position while on the list. SECTION 192.2175.14

This act modifies the provision on providers being guilty of a Class A misdemeanor for knowingly hiring or retaining employees who have been convicted of, found guilty of, or pled guilty to specified crimes to include violations of forgery and three or more instances of stealing. SECTIONS 192.2178.6

For any persons hired on or after August 28,2006, a provider shall not hire any person with a disqualifying criminal history unless such person has received a good cause waiver of the disqualifying criminal history. For any persons employed as of August 28, 2006, a provider shall not retain any person with a disqualifying criminal history unless such person has submitted a completed good cause waiver application prior to January 1, 2007. If the good cause waiver is denied, the provider shall not continue to retain such person after the provider is notified of the denial of the good cause waiver. SECTION 192.2178.6

Requires offenders who have pled guilty to or who are found guilty of a crime of violence against the elderly to be sentenced to a term of imprisonment of at least 30 days with no eligibility for probation or parole during the first 30 days. SECTION 565.320

This act prohibits suspending imposition of or execution of sentence or imposing any fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty of elder abuse in the first or second degree; sexual offense in certain long-term care facilities; and financial exploitation of the elderly. SECTIONS 565.180 AND 182; 565.200; AND 570.145

These provisions are similar to SB 1153 (2006).

NEW CONSTRUCTION FEES

This act provides that the Department of Health and Senior Services shall promulgate rules to establish a schedule of fees to be paid by the applicant for the architectural plan review of new construction and alterations to health facilities under Chapters 197 and 198, RSMo. The Department shall have the authority to waive or reduce the plan review fees. All fees provided for in this act shall be collected by the Department and deposited in the Missouri Public Health Services Fund. SECTION 197.101

This provision is identical to SB 1220 (2006).

CHILD ABUSE AND NEGLECT INVESTIGATIONS

This act provides that the Missouri Children's Division may leave a child abuse or neglect investigation open if a child subject to the investigation dies during the course of the investigation. The investigation may remain open until such time as any separate investigation by the Division regarding the death is completed. SECTION 210.183

These provisions are similar to SB 690 (2006).

CRIMINAL BACKGROUND CHECKS FOR PLACEMENT OF CHILDREN

This act modifies provisions relating to criminal background checks when there has been an emergency placement of a child in a private home. Under current law, the criminal background check must be made within fifteen business days and there is an exception for conducting background checks for family members who are within the second degree of consanguinity of the child.

This act provides that the criminal background check be made within fifteen calendar days and removes the family member exception. These changes are consistent with Federal Bureau of Investigation regulations on emergency use of its system for background checks for the placement of children in out-of-home care. SECTION 210.482

These provisions are identical to SCS/SB 878 (2006).

INTERSTATE COMPACT ON JUVENILES

This act revises the Interstate Compact for Juveniles. The compact is an existing agreement between the states regarding the supervision and transfer of juvenile delinquents who have escaped from supervision to another state. Adoption of the revised compact makes Missouri a member of the Interstate Commission for Juveniles and requires the state to select a compact administrator to manage the state's transfer of those juveniles subject to the compact. The compact establishes the powers and duties of the interstate commission and specifies provisions regarding bylaws, corporate structure, rule-making authority, financing mechanism, a process for dispute resolution, and enforcement. The compact becomes effective August 28, 2006, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later. SECTIONS 210.570,210.580, 210.595, 210.600, 210.610

These provisions are identical to SB 1206 and HB 1512 (2006).

VOLUNTARY TERMINATION OF PARENTAL RIGHTS

This act specifies that whenever a child is placed in a foster home, a preference for placement with relatives will not apply if the parent has consented in writing to the termination of his or her parental rights and such consent specifies that the child be placed with a licensed child placing agency.

This act provides that whenever a child is taken into custody by a juvenile officer or law enforcement official and initially placed with the Children's Division, the requirement for a family support team meeting will not apply if the parent has consented in writing to the termination of his or her parental rights and such consent specifies that the child be placed with a licensed child placing agency.

In addition, this act provides that some juvenile court proceedings and cases for the termination of parental rights

initiated by a juvenile officer or the Division shall have a closed hearing if the parent has consented in writing to the termination of his or her parental rights and such consent specifies that the child be placed with a licensed child placing agency.

This act also adds licensed child placing agencies to the list of interested parties who may petition the juvenile court to terminate parental rights. SECTIONS 210.565, 210.762, 211.319, 211.444

These provisions are similar to HB 2103 (2006).

CHILD ADOPTION

This act adds cases dealing with the placement of a child in adoption and foster care to the types of cases given priority for expedited proceedings. SECTIONS 453.010, 453.011

This provision is identical to HB 1400 (2006).

ADRIANE CROUSE