- House Committee Substitute -
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).
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).
CHILD PROTECTION - A regional child assessment center is added in Camden and Clay-Platte counties. Such addition shall only be allowed, however, if all other assessment centers submit a funding formula which would require no additional state funding. This provision is similar to SB 640 (Section 210.001).
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).
FOSTER CARE - Current law exempts certain facilities from foster care licensure requirements. This act adds any residential care or child placing agencies accredited by the Council on Accreditation of Services for Children and Families, the Joint Commission on Accreditation of Hospitals, or the Commission on Accreditation of Rehabilitation Facilities (Section 210.516).
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)
ABANDONED NEWBORNS - A new section creates the "Safe Place for Newborns Act of 2002" to protect parents from prosecution for the abandonment of a child by leaving a newborn child with any of the following:
- In the custody of a medical facility staff member, provider, or volunteer;
- A firefighter or emergency medical technician;
- A law enforcement officer;
- A minister or clergy member;
The child may be no more than 30 days old and may not have been physically abused or neglected by the parent.
The person with whom the child is left must take physical custody of the child and, if the child is not initially delivered to a medical facility, such person must do so. The medical facility must provide necessary treatment to protect the child's health or safety and must notify the Division of Family Services (DFS) and local juvenile officer. Upon notification, the juvenile officer must follow appropriate procedures for the child to be made a ward of the court and for DFS to take custody of the child. The parent's delivery of the child shall constitute implied consent to relinquishment of his or her parental rights.
In a termination of parental rights proceeding, the juvenile officer must give public notice about the relinquishment of the child. The nonrelinquishing parent will have thirty days to respond and attempt to establish parental rights. The court must establish paternity, review the putative father registry, and notify the putative father, if identified. If a nonrelinquishing parent inquires of a medical facility at which a child is left, the facility shall refer the parent to DFS and the juvenile court. Any authorized person who receives the child will not be liable if custody was taken in good faith without negligence.
The Division must cooperate with child advocates to inform the public about this process. This act shall not conflict with Section 210.125, RSMo. This portion is similar to hb 1443 and SB 687 (Section 210.950).
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 unsupervised 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 - Sections 454.606 - 454.700 require 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 (Section 454.606).
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.
This act contains an emergency clause.
ERIN MOTLEY