CCS/HCS/SB 84 - This act modifies various provisions relating to child placements.
CRIMINAL BACKGROUND CHECKS IN EMERGENCY PLACEMENTS
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)
CRIMINAL BACKGROUND CHECKS
This act allows the Children's Division of the Department of Social Services and the Department of Health and Senior Services to waive the fingerprint background check requirement for a foster care applicant when recertifying the foster care home. (Section 210.487)
These provisions are substantially similar to HB 1210 (2007).
INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
This act revises the Interstate Compact for the Placement of Children. The compact is an existing agreement between the states regarding the placement of children from one state to another. The compact facilitates ongoing supervision of a placement, the delivery of services, and communication between the states and ensures that children are placed in safe and suitable homes in a timely manner. Adoption of the revised compact makes Missouri a member of the Interstate Commission for the Placement of Children and requires the state to establish a central state compact office to be responsible for state compliance with the compact and rules of the commission. The compact establishes the powers and duties of the interstate commission and specifies provisions regarding bylaws, structure, rule-making authority, financing mechanism, a process for dispute resolution, and enforcement. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later.
This act requires that a family support team meeting or juvenile court proceeding regarding the termination of parental rights be closed if a parent has terminated, in writing, his or her parental rights regarding a placement in a licensed child placing agency and allows a licensed child placing agency to file a petition for the transfer of custody. (Sections 210.620, 210.
622, 210.625, 210.635, 210.640, 210.762)
These provisions are substantially similar to HB 954 (2007).
INTERSTATE COMPACT FOR 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 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 the bylaws, corporate structure, rule-making authority, financing mechanism, process for dispute resolution, and enforcement provisions. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later. (Sections 210.570 and 210.580)
These provisions are substantially similar to SB 292 (2007).
TERMINATION OF PARENTAL RIGHTS
This act requires a juvenile officer or the juvenile division of the circuit court to file a petition for the termination of parental rights within 60 days of the judicial determination. Filing a petition after 60 days will not prohibit the court's jurisdiction to adjudicate a petition for the termination of parental rights. (Section 211.319, 211.444, 211.447)
These provisions are substantially similar to 935 (2007).
MISSOURI STATE HIGHWAY PATROL AND FINGERPRINT CHECKS
Currently, an entity making a request, as required by law, for criminal history record information that is not based on a fingerprint search must pay a fee of not more than $5 per request. Entities making requests not required by law cannot be charged more than $10. Under this act, an entity cannot be made to pay more than $9 dollars for such a request regardless of whether required by law. However, after January 1, 2010, the Superintendent of the Highway Patrol may increase the fee by not more than $1 per year. Under no circumstances shall the fee exceed $15 dollars per request.
Currently, an entity making a request for criminal history record information that is based on a fingerprint search must pay a fee of not more than $14 per request when such request is required by law. When not required by law, the entity may be charge not more than $20 for such request. Under this act, an entity cannot be charged a fee of more than $20 dollars for criminal history record information based on a fingerprint search, unless the request is required by the concealed carry endorsement statute or the foster home, residential care facility, or child placing agency licensing statutes, in which case, the fee shall be $14. (Section 43.530)
These provisions are substantially similar to provisions in SB 531 (2007).
AMBER ALERT SYSTEM AND MISSING PERSONS
This act modifies certain provisions relating to missing and endangered persons.
This act specifies that the "Amber Alert System" aids in the identification and location of abducted children, rather than adults.
Under this act, an "abducted child" is a child whose whereabouts are unknown and who is:
(1) Less than eighteen years of age and reasonably believed by law enforcement to be the victim of kidnapping;
(2) Reasonably believed by law enforcement to be the victim of child kidnapping; or
(3) Less than eighteen years of age and at least fourteen years of age, and who, if under the age of fourteen, would otherwise be reasonably believed by law enforcement to be the victim of child kidnapping.
This act creates an advisory system to aid in the identification and location of missing endangered persons.
Under this act, a "missing endangered person" is someone whose whereabouts are unknown and who is:
(1) Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;
(2) Missing under circumstances indicating that the missing person's safety may be in danger; or
(3) Missing under involuntary or unknown circumstances.
The Department of Public Safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories. (Sections 210.1012 and 650.025).
These provisions are substantially similar to SCS/SB 67 (2007).
EDUCATIONAL NEEDS OF CHILDREN IN RESIDENTIAL CARE FACILITIES
This act requires the Department of Elementary and Secondary Education to, in conjunction with the Department of Social Services, conduct a study to determine the means of ensuring that the educational needs of certain children in residential care facilities are met in terms of setting and amount, and submit a report on the study to the governor and Missouri general assembly on or before November 1, 2007.
The report shall include, but not be limited to, the following:
- Recommendations relating to detailed procedures and timetables to determine the appropriate amount of hours in a school day for the specific child;
- Recommendations on determining the appropriateness of the education for such children described under this section who do not have individualized education programs or are without a pending referral for special education services; and
- Recommendations for determining the responsibility, financial or otherwise, among either the local school district and child placing agency or both as to the proper and timely placement of such children in an appropriate educational setting.