SB 0923 Modifies various provisions relating to children and families
LR Number:3862S.15T Fiscal Note:3862-15
Committee:Aging, Families and Mental Health
Last Action:07/02/02 - Signed by Governor Journal page:
Title:CCS HS HCS SS SCS SBs 923, et al
Effective Date:August 28, 2002
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Current Bill Summary

CCS/HS/HCS/SS/SCS/SBs 923, 828, 876, 694, & 736 - This act modifies various provisions relating to children and families.

ADOPTION - This act limits the state's allowable fee for processing certain adoption documents to $100 per child per adoption, or per multiple children adopted at the same time. Current law allows a fee of $10 per document. This provision is similar to SB 1258 (Section 28.160).

Current law allows a person to claim the sale of a special needs adoption tax credit to not-for-profit entities at a discount rate of seventy-five percent or greater of the amount sold. This act removes the limitation that the sale must be to a not-for-profit entity (Section 135.327).

MEDICAL RECORDS - Current law sets handling and per page fees for medical records. This act allows an adjustment on February 1 of each year based on the medical care component of the consumer price index. The Department of Health and Senior Services must report the adjustment on its website by February 1 of each year. Section 191.233 regarding medical record fees is repealed (Section 191.227).

NEWBORN HEARING SCREENING - Current law requires health care facilities to perform hearing screenings on newborns prior to discharging them. This act requires the continuation and completion of a hearing screening at a different facility if the newborn is transferred. The transferring facility must notify the receiving facility of the need for completion of the screening. This provision is identical to SB 1244 (Section 191.925).

WELFARE - By December 1, 2002, and annually thereafter, the Division of Family Services must submit a report to the Governor and General Assembly regarding welfare reform in Missouri. This provision is identical to SB 732 (Section 208.344).

CHILD PROTECTION - This act adds child assessment centers in Camden county, Clay-Platte county, and the Lakes area. This provision is similar to SB 640, HB 2061 (Section 210.001). This act adds ministers as mandatory reporters of suspected child abuse or neglect (Sections 210.115, 352.400).

Current law establishes the child abuse hotline. This act prohibits a parent, guardian, or custodian from being named in the registry if a child is found to require community-based services (Section 210.145).

This act modifies the definition of "child care facility" to include a business establishment which provides child care for its customers or employees for no more than four hours per day (Section 210.201).

CHILDREN'S HEALTH INSURANCE PROGRAM - The Children's Health Insurance Program is extended to July 1, 2007. Current law sunsets the Program as of July 1, 2001. This provision is substantially similar to HB 1926, SB 1111 (Section 208.631).

FOSTER CARE - A new section is created to outline foster parent rights and responsibilities, including training, confidentiality of information, and daily decisions for the child. This provision is similar to SB 828 (Section 210.566)

This act allows foster parents to be automatically registered with the Family Care Safety Registry at no additional cost. This provision is similar to SB 876 (Section 210.906)

CHILDREN'S PRODUCT SAFETY - A new section requires the Department of Health and Senior Services to provide child care facilities with a comprehensive list of unsafe children's products. Initial notification for facilities must be on or before July 1, 2003, and quarterly thereafter. If a facility fails to dispose of a product after notice is given, it will be a violation under the inspection. This provision is similar to SB 1068 (Section 210.1007).

MENTAL HEALTH TREATMENT SERVICES - Current law grants exclusive jurisdiction to the juvenile court in certain cases. This act adds that jurisdiction will also be granted when a child or person is seventeen years old, in need of mental health services, and parent is unable to provide access to appropriate mental health services (Section 211.031).

Currently, the law outlines provisions for children to obtain treatment services. This act allows the court to order that the child receive such services in the least restrictive setting, based on an individualized treatment plan (Section 211.181).

CHILD LABOR - Current law lists exclusions from the definition of "employ". This section is modified by removing from the exclusions the delivery or sales of magazines or periodicals, and adds certain agriculture work (Section 294.011).

The provision is deleted allowing a child to work during the school term if there has been an exemption issued by the Director of the Division of Labor Standards. The child may still work if issued a work permit or certificate (Section 294.024).

The hours per day exemptions are modified to apply only to employment in the entertainment industry. It also provides that the regional fair exceptions shall not apply to entities covered by the FLSA (Section 294.030). The age at which door-to-door selling may occur is increased from sixteen to eighteen years of age (Section 294.043).

The Director of the Division of Labor Standards must require production of work permits and to require employers to retain records for two years (Section 294.090). The Director may also consider the size of a business when determining civil damages (Section 294.121). Electronic processing will now be allowed (Sections 294.060, 294.090, and 292.141) These provisions are similar to SB 1139.

GRANDPARENT VISITATION - Current law allows the court to grant grandparent visitation in certain situations. As modified by this act, the situations are as follows:

(1) When the parents are getting divorced or are divorced and have denied visitation; (2) When one parent of the child is deceased and the surviving parent denies visitation to a parent of the deceased parent of the child; (3) When the child has lived in the grandparent's home for at least six months of the previous 2 years; (4) When a grandparent has been denied visitation for over ninety days, however, if the natural parents are married and living together, then the grandparent may not file for visitation; or (5) The child is adopted by a stepparent, another grandparent, or relative.

Currently, the court must decide if the grandparent visitation would be in the child's best interests. This act provides that if the natural parents are currently married and living together, then a rebuttable presumption exists that the parents know what is in the best interest of the child This provision is similar to SB 1192, HB 1243 (Section 452.402).

NATIONAL MEDICAL SUPPORT NOTICE - The act requires the use of National Medical Support notice to enforce health benefit plan coverage required in child support orders. Current law requires the Circuit Clerk to send notice to employers when a parent has been ordered to provide health insurance coverage for a child. Current language is deleted regarding the contents of the notice and new language requires the notice to comply with the National Medical Support Notice (NMSN) as required by federal law. All employers, unions, and plan administrators must also comply with the NMSN. The Division of Child Support Enforcement must give notice within two days of notification of the employee's hire and must also promptly notify employers when an order for medical support is no longer in effect. The notice must contain certain information and is binding on current and subsequent employers. Withholdings may not be held pending the outcome of a hearing (Sections 454.606 - 454.700).

Currently, the Circuit Clerk must also send a notice to the obligor/parent. This act requires the inclusion of a statement that the parent may contest the notice within thirty days. The parent may contest based on mistake of fact or because the parent obtained other insurance prior to issue of the withholding order (Section 454.609).

The employer must currently transfer the notice to the health insurer upon receipt. This act requires such transfer within twenty business days. Within forty business days, the health plan administrator must notify the agency whether the child is covered, the effective date of the coverage, and provide forms regarding the coverage (Section 454.615).

Currently, there are certain steps the employer must take to enroll the child in the health benefit plan. This act clarifies that the employer must withhold the amount necessary to cover the child and send it to the health plan. The child must be enrolled in the least costly plan if a plan is not already designated. If the notice is a NMSN, the health plan must provide plan descriptions and the agency and the custodial parent will select a plan for the child. If the agency does not select a plan within twenty days, the health plan must enroll the child in its default option, if possible (Section 454.618).

Current law outlines procedures at the termination of an obligor's employment. This act requires the employer to notify the Division or agency of the obligor's location and new employer, if known (Section 454.627).

Current law also outlines procedures for COBRA coverage. This act prohibits the child from being terminated from coverage unless the insurer is given evidence that the order is no longer in effect, the child is or will be enrolled in a comparable plan, the employer eliminated health care coverage for all employees, or continuation of coverage is not chosen (Section 454.700). This provision is substantially similar to SB 1160.