CCS/SS/HS/HCS/HBs 679 & 396 - This act modifies various provisions of the law relating to foster care and protective services for children.

ADOPTION TAX CREDIT - The two million dollar aggregate cap on the special needs adoption tax credit is eliminated. (This provision is contained within SB 500).

CHILD ABUSE AND NEGLECT - Mandated reporters, including Division employees and juvenile officers but excluding school personnel, shall not be permitted to make anonymous reports of child abuse and neglect. School personnel shall only be required to disclose their classification as a mandatory reporter.

Christian Science practitioners are deleted as mandated reporters for child abuse and neglect in Chapter 210, RSMo, on child protection and included within the definition of "minister" for mandated reporters of child abuse and neglect in Chapter 352, RSMo, under religious and charitable associations. (This provision is contained within SB 571 and HB 445).

The Division must retain identifying information from reports of child abuse and neglect made by a mandated reporter for a period of five years.

The Division of Family Services is required to establish protocols for ensuring the safety of children, promoting the preservation and reunification of families and providing due process for those accused of child abuse and neglect. The Division must use a structured decision-making model to classify all reports, while giving priority to ensuring the well-being and safety of the child. All reports must be initiated within 24 hours and be classified based on the level of reported risk and injury to the child. The Division must consider the specified factors and the three levels of priority in classifying reports.

The Division shall not meet with a child in the school or facility building where the abuse is alleged to have occurred.

Preponderance of the evidence is now the required standard for the Division to prove abuse or neglect and for placement in the central repository. All persons placed on the registry prior to August 28, 2003 shall remain on the registry for the duration of time required by section 210.152, RSMo.

An officer must cease questioning if the child wishes to have his or her parent, legal guardian, custodian or attorney present. Any interrogation or interview with a child taken into custody based on allegations of child abuse and neglect shall, whenever possible, be audiotape, videotape, or digitally recorded in its entirety, except for good cause and the failure to comply shall render the child's statement's inadmissible in all future proceedings.

The age limitation for statements by children to be admissible is changed from 12 to 14.

An attorney representing the state in a criminal investigation at a state-funded child assessment center may, as a member of a multi-disciplinary team, observe the taking of the statement, but shall not be present in the room where the interview is being conducted.

For administrative review, the Child Abuse and Neglect Review Board shall uphold the Division's determination if it is established by a preponderance of the evidence that the alleged perpetrator abused or neglected the child. The alleged perpetrator shall have the opportunity to appear and submit testimony. The alleged perpetrator has the right to appeal the Board's decision. The alleged perpetrator may demand in writing a review by a judge in circuit court within 60 days of notification and the Division must initiate a de novo review within 14 days. Venue can be changed from Cole County to the county in which the alleged perpetrator resides.

CHILDHOOD SEXUAL ABUSE - An action for childhood sexual abuse can be brought within twelve years from the date the plaintiff turns 18 or within three years of the date that the plaintiff discovers or reasonably should have discovered the injury, whichever occurs later (This provision is similar to SB 669).

CHILDREN'S HEALTH INSURANCE PROGRAM - Any child with special health care needs that does not have access to employer-subsidized health insurance is not required to be without health care coverage for six months prior to eligibility for services and is not subjected to the 30-day waiting period following enrollment (This provision is contained within SB 87).

COMPULSORY SCHOOL ATTENDANCE - Juvenile officers must notify and report to the school district any violations of compulsory school attendance when the only basis for action involves an alleged violation of compulsory school attendance. The school district must immediately refer all private, parochial, or home school matters to the prosecuting attorney of the county where the child legally resides. Public school violations of compulsory school attendance may be referred by the school district to the prosecuting attorney (This provision is contained within SCS/SB 682).

COURT PROCEEDINGS - The court shall make reasonable efforts to inform parties of a status conference to be held within three days of child being taken into custody. Certain issues must be addressed at the status conference, including whether the child can be immediately returned to his or her home.

A protective custody hearing may be requested at the status conference and, if requested, must be held within 14 days of the request. An adjudication must be held no later than 60 days after the child has been taken into custody. If at that time the court determines there is sufficient cause for the child to remain in the state's custody, then the court must conduct a dispositional review no later than 90 days after the child has been taken into custody. A review hearing must be conducted every 90 to 120 days during the first year and at least every six months after the first year.

Continuances will not be granted without compelling circumstances and then the court must written findings on the record about the specific reasons for granting a continuance.

Upon the motion of any parent or their child, the court shall grant a change of judge, a change of venue, or both.

COURT RECORDS - All juvenile court proceedings relating to children in need of care and treatment and regarding the termination of parental rights shall be open to the general public. Adoption cases shall not be open to the public. On a motion of the court, the victim, or any other party, excluding the state, proceedings may be closed in whole or in part to protect the welfare and best interests of a child and in exceptional circumstances. The public shall be excluded from all proceedings during the testimony of a victim or a child. All records will be closed until the 72-hour status hearing is held.

Juvenile court hearings shall be preserved by stenographic, mechanical, or electronic recording.

After the status hearing, all records are open, unless otherwise specified as closed. Pleadings and orders of the juvenile court are open to the public, unless otherwise ordered by the court.

Any parent or party may waive confidentiality, but only the court can waive confidentiality for the child. The identity of the victim and references to the identity of the victim must be redacted from the record prior to public disclosure. The provisions of this section shall apply to cases initiated on or after August 28, 2003.

CUSTODY AND CARE OF A CHILD - A parent or an agency may temporarily place a child with another person, while retaining the right to supervise the care of the child and resume custody.

By power of attorney, parents may delegate any of their powers regarding care and custody to another person for a period of up to one year.

DEPARTMENT OF SOCIAL SERVICES - Beginning February 1, 2005, the Department of Social Services is required to submit an annual statistical report to the Governor and the General Assembly regarding the number of children receiving protective services from the state.

Interagency meetings of the Departments of Social Services, Mental Health, and Elementary and Secondary Education shall be held as frequently as possible to address and review any actions taken by agency personnel. Attendance by staff shall be documented at all meetings. Contracted providers shall be included in the meetings.

The Department of Social Services shall submit amendments to state plans and seek waivers from the U.S. Department of Health and Human Services for reimbursements under Title IV-E and Title XIX. The Department must also take the necessary steps for federal block grant money for foster care and adoption assistance.

The Department of Social Services, in conjunction with the Department of Mental Health, must apply for federal waivers from the U.S. Department of Health and Human Services in order to provide services to children.

The Departments of Social Services and Mental Health must prepare a plan to address the need for mental health services for children who are in the custody of the state solely for mental health services and for children determined by a court to need mental health services.

DIVISION OF FAMILY SERVICES - The Division of Family Support must operate and maintain on a full-time basis a county office in every county. Also, a County Family Services Commission may be established in every county.

The Division of Family Services must conduct a diligent search for the natural parents of a child in its custody if their location is unknown. The definition of "diligent search" includes efforts to locate or identify the natural parents that are initiated as soon as the Division is made aware of the parent, with progress reports at each hearing until the parent is either identified and located or the court excuses any further search.

By January 1, 2004, the Division of Family Services must identify all children in its custody and report to the General Assembly on the type of foster care being provided.

EMPLOYEES OF THE DIVISION OF FAMILY SERVICES AND JUVENILE OFFICERS - Any employee of the Division, including merit and non-merit, that purposefully, knowingly, and willfully violates the Division's policy, rules, or state laws shall be dismissed if the violation results in serious physical injury or death.

Any juvenile officer or employee of the juvenile office who purposefully, knowingly, or willfully acts or fails to act in a manner that directly results in serious physical injury or death to a child shall be dismissed pursuant to Supreme Court Rules.

Juvenile officers are not authorized to take custody of any child 17 and under.

FAMILY CARE SAFETY REGISTRY - The new standard for information contained in the Family Care Safety Registry is "preponderance of the evidence". Also, beginning January 1, 2004, the sexual offender registry is added to the list of registries included within the Family Care Safety Registry.

FAMILY SUPPORT TEAM MEETINGS - The Division of Family Services must arrange a team meeting immediately following the status hearing and any additional team meetings prior to taking any action on the placement of a child. Biological parents and their legal counsel, foster parents, guardians ad litem, and court-appointed special advocates must be provided notice and allowed to attend all family support team meetings. They may request that other individuals attend the team meetings and receive all subsequent hearing notices at the families discretion.

At the conclusion of the meeting, all parties must sign a form provided by the Department and included with the case records, which states that they are aware of the team's decision. Any dissenting views will be noted on the form and included in the child's case records (These provisions are similar to SCS/SB 430).

All information provided at meetings or hearings regarding the removal of a child is confidential except that a parent or party may waive confidentiality. No person shall be required to sign a confidentiality agreement before testifying or providing information at such meeting or hearing. Any person who doesn't agree to maintain confidentiality may be excluded from any portion of the meeting during which he or she is not testifying or providing information.

Any child, parent, or the Division may record the meetings through audiotape or videotape. All information contained in the audiotape or the videotape shall not be considered confidential until after the 72-hour status conference hearing is held, unless a court order authorizes disclosure.

GUARDIAN AD LITEMS AND VOLUNTEER ADVOCATES - Guardian ad litems and volunteer advocates shall be informed of meetings and have the right to attend any meetings involving the child. Guardian ad litems must advocate for timely hearings. The court shall have the authority to conduct general and criminal background checks, including a check of the Family Care Safety Registry.

HIGHWAY PATROL - Law enforcement agencies and the clerk of court must submit certain criminal arrest, charge and disposition information to the central repository without undue delay and within 30 days and shall furnish the offense cycle number to the prosecuting attorney.

The charge for information from the criminal registry for information supplied to criminal justice agencies or for state agencies screening state employees or applicants is removed. The amount the highway patrol may charge of a criminal history check is limited to five dollars for a non-fingerprint search and fourteen dollars for a fingerprint search.

The criminal history and identification records obtained from the central repository must be used only for the purpose for which they were obtained. The subject of the record can be used to challenge the accuracy of the criminal history record. The criminal records repository has exclusive authority to engage in collecting, assembling, or disseminating criminal history records. It is a Class A misdemeanor for a person to collect or disseminate criminal history record information to anyone other than the original requestor.

A qualified entity may obtain a criminal record review of a provider from the Highway Patrol by furnishing the information on forms that are approved by the Highway Patrol.

Certain specified agencies can require applicants to submit fingerprints for a criminal history check with the fees paid by the applicant or in a manner prescribed by the highway patrol. (These provisions are contained within SB 543).

LICENSE-EXEMPT CHILD CARE FACILITIES - If a license-exempt facility or program receives a school exception, they must annually submit documentation to the Department verifying the license-exempt status. Private or religious elementary or secondary schools, religious preschools and kindergartens, weekly Sunday schools, and vacation Bible schools are not required to submit annual documentation. (This provision is similar to SB 684).

MENTAL HEALTH SERVICES FOR CHILDREN - The Department of Mental Health, in collaboration with the Department of Social Services, must establish by rule the definition and criteria for the designation of a community-based service. Community-based services will include intensive home-based services, early intervention services, family support services, respite services, and behavioral assistance services.

The Department of Social Services must conduct research into all child custody cases to determine which cases only need mental health services. Children in need of only mental health services may be returned to the family's custody. Subject to appropriations, the Department of Mental Health will be responsible for providing the necessary services for these children in the least restrictive environment. The Department of Social Services shall transfer the appropriate funds to the Department of Mental Health for the care of these children, subject to appropriations.

The Department of Mental Health must develop, implement and administer a comprehensive children's mental health service system. (These provisions are contained within SB 685 and HB 459).

The standard means test for children in need of mental health services shall be waived to avoid custody transfers to the Division of Family Services.

MISSOURI FAMILY TRUST - New language allows residents of adjacent states to use the Missouri Family Trust. Upon the death of a life beneficiary, the state of Missouri will receive from the beneficiary's account the amount of total medical assistance paid on behalf of the life beneficiary. If there is any amount remaining in the account, then an amount equal to 75% of the principal balance will be distributed to the life beneficiary's heirs. If there are no heirs, the remaining balance will be distributed to the charitable trust. (These provisions are similar to SB 573 and HB 690).

OFFICE OF THE CHILD ADVOCATE - The "Office of the Child Advocate for Children's Protection and Services" is created within the Office of Administration to assure that children receive adequate protection and care from services and programs offered by the Department of Social Services. (This provision is contained within SCS/SB 43).

PLACEMENT OF CHILDREN IN FOSTER CARE - The Division shall provide standards and training for the licensing of prospective foster parents. The Division shall provide performance-based criteria for the evaluation of licensed foster parents. (This provision is contained within SCS/SB 430).

For the licensing of foster parents, the Division of Family Services must conduct a search for ex parte or full orders of protection on any adult in the applicant's household. The request is made through the Office of State Courts Administrator and a response is provided to the Division within 10 days of a request. The Division shall also conduct a criminal background fingerprint check, which shall include the state and federal criminal database information. The Division may make arrangements with other branch agencies to obtain any investigative background information. (This provision is similar to SCS/SB 430 and SB 543).

When an emergency placement of a child is made, the juvenile court or the Division of Family Services may request that a name-based criminal history record check be made to include full orders of protection and outstanding warrants of each person over the age of 18 who reside in the home. Within five days of the emergency placement, all persons 18 and over in the home must submit two sets of fingerprints for a more extensive criminal background check. A child shall immediately be removed from the home if any person residing in the home fails to provide the requested fingerprints. If the placement of a child is denied due to the results of a name-based search and the denial is subsequently contested, all persons 18 and over in the home will be required to submit two sets of fingerprints for the criminal background checks.

The Division must notify the child's parent or legal guardian that the child has been placed in foster care, except in instances of imminent harm. A child shall not be removed from school for placement in foster care without a court order specifying that the child shall be removed from school. (This provision is contained within SCS/SB 430).

If placement results in the child attending a new school, records shall be automatically transferred to the new school. Upon request of the foster family and whenever possible, the child will continue attending at the same school.

Children must be returned to the care of a non-offending biological parent under certain circumstances.

PRIVATE CHILDREN SERVICES PROVIDERS - Whenever available and appropriate, the Division of Family Services is required to contract for the provision of children's services through private children's services providers and community agencies. The state will continue to be the sole provider of child abuse and neglect hotline services, the initial child abuse and neglect investigation, and the initial family assessment. These private providers and agencies must undergo background checks pursuant to Chapter 43, RSMo and submit the names of all employees to the Family Care Safety Registry.

By January 1, 2004, the Division of Family Services shall seek and authorize contracts that provide direct services to children and their families. These contracts will undergo a competitive bid process for public and private providers who have a proven record of the services provided or the ability to provide a broad range of child welfare services. All contracts entered into by the Division must be in accordance with federal laws and shall not result in a loss of federal funding.

By January 1, 2005, direct services shall be delivered to 20% of the cases under the supervision of the Division. By January 1, 2006, the direct services will increase to 35%; and by January 1, 2007, the direct services will increase to at least 50%.

Beginning January 15, 2006 and annually thereafter through 2008, the Division of Family Services must submit a report to the General Assembly on the privatization of services.

PUTATIVE FATHER REGISTRY - Lack of knowledge of a pregnancy does not excuse the failure to timely file with the State Registrar. A detailed statement must be included in the pamphlet that is distributed by the Department of Health and Senior Services. Petitions for adoption shall include the payment of a $50 filing fee, which shall be used to fund the Putative Father Registry. If a child is born in another states, then a search of the Missouri Putative Father Registry or any other state's registry shall be conducted. If the man is discovered on a registry, service of the adoption petition shall be carried out accordingly. Any man who has had sexual intercourse with a woman is deemed to be on notice that a child may be conceived and is entitled to all legal rights and obligations as a result. (These provisions are contained within SB 649).

RELATIVE OR KINSHIP PLACEMENT - The Division of Family Services must place children in their custody with relatives, unless it is contrary to the best interests of the child. If it is not in the best interests of the child to be placed with relatives, the court shall make a specific finding on the record detailing why the child is not to be placed with relatives.

The age of the child's relative shall not be the only factor that the Division takes into consideration when making placement decisions and recommendations to the court regarding the placement of the child with that relative. (This provision is contained within SCS/SB 430).

The Division must adhere to the Indian Child Welfare Act when placing a Native American child in protective custody. (This provision is contained within SCS/SB 430).

SCHOOLS AND SCHOOL EMPLOYEES - "Enticement of a child" and "attempting to entice a child" are included in the list of sexual offenses for which a certificate or license to teach may be either revoked or not issued. The local school board must immediately inform the state board of education and the attorney general when a teacher pleads guilty to or is found guilty of any offense that would authorize the state board of education to discipline the teacher.

Employees of the Division and public school employees are prohibited from performing a strip search of any student, without the signed permission of the parent.

Beginning January 1, 2004, new employees of school districts and individuals employed by a school district for two years or less with a negative history in their personnel file are required to complete a criminal background check before having any unsupervised contact with a student. These individuals must submit to the Federal Bureau of Investigation background check, but may register with the Family Care Safety Registry in lieu of the required Highway Patrol background check. Fees for the federal and state background checks shall be paid by the employee and information shall be reported to the Department of Elementary and Secondary Education by school officials, who will be immune from civil liability. (This provision is contained within SB 543).

Individuals that are obtaining a school bus driver permit are required to submit two sets of fingerprints to the highway patrol. The first is used to search the criminal history repository and the other is forwarded to the FBI, with the applicant paying the fee. (This provision is contained within SB 543).

TASK FORCE ON CHILDREN'S JUVENILE JUSTICE - The Task Force on Children's Justice established by the Division of Family Services shall conduct an independent review of the policies, procedures, and cases of state and local child protective services agencies and their effectiveness. The Task Force is prohibited from disclosing information about specific cases or any other information. The Task Force may have access to information on cases it has been asked to review and may receive assistance as necessary from the Department of Social Services to carry out its duties.

The act repeals Section 26.740, RSMo, pertaining to the Child Abuse, Custody and Neglect Commission, and Section 210.937, RSMo, pertaining to the expiration date for the Family Care Safety Registry.
LORIE TOWE