HB 1453 (Truly Agreed) Enacts and modifies various provisions regarding the state foster care system
Current Bill Summary
- Prepared by Senate Research -

CCS/SS/SCS/HS/HCS/HB 1453 - This act modifies various provisions regarding foster care and protective services for children and shall be known as the "Dominic James Memorial Foster Care Act of 2004".

ADOPTION TAX CREDIT - Beginning July 1, 2004, a minimum of 50% of the adoption tax credits allowed shall be allocated for the adoption of special needs children in Missouri. Beginning in fiscal year 2004, the cap is increased to four million dollars. In the first ninety days after July 1st, if less than two million of the credits are issued for the adoption of special needs children out-of-state, then the remaining amount shall be available for the adoption of special needs children in Missouri. The Director of Revenue shall establish, for each fiscal year, a proration formula for the credits. By January 1, 2005 and each year thereafter, the Director shall also submit a report to the General Assembly on taxpayers who have qualified and claimed the credit (Sections 135.327).

BACKGROUND CHECKS AND FINGERPRINTING - If the court certifies a juvenile offender as an adult, then the court must order law enforcement to immediately fingerprint the individual. When a requesting entity is required to obtain criminal history information by state or federal law, the State Highway Patrol shall charge a fee of not more than five dollars for checks not based on a fingerprint search and not more than fourteen dollars for checks based on a fingerprint search. If the requesting entity is not required to obtain the information by state or federal law, then the Patrol shall charge a fee of not more than ten dollars for checks not based on a fingerprint search and not more than twenty dollars for checks based on a fingerprint search. If a national criminal record review is requested, then qualified entities must obtain two sets of fingerprints from the individual (Sections 43.503, 43.530 and 43.540).

Upon initial application for state and federal funds for child care services, applicants must submit fingerprints in addition to the required criminal background check and this includes any person over the age of 17 who is living in the applicant's home. Furthermore, the Division must inquire whether any child less than 17 years of age has ever been certified as an adult and pled guilty to a crime (Section 210.025). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

When an emergency placement of a child is made due to the unexpected absence of the child's parents, the juvenile court or the Children's Division may request that a name-based criminal history check be made. The check will encompass full orders of protection, outstanding warrants, and any listings in the child abuse and neglect registry for each person over the age of 17 who resides in the home. Furthermore, the Division must inquire whether any child under seventeen in the home has ever been certified as an adult and pled guilty to a crime (Section 210.482). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

Within fifteen days of the emergency placement, all persons over seventeen 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 over seventeen in the home will be required, within fifteen days, to submit two sets of fingerprints for the criminal background checks. The total cost of the fingerprinting may be paid by the state (Section 210.482). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

For the licensing of foster parents, the Children's Division must conduct a search, using the automated court system, for full orders of protection on all persons over 17 in the applicant's household. The courts shall provide the information within 10 days of the request. The Division shall also obtain two sets of fingerprints for all persons over 17 in the applicant's home and shall determine whether any person over 17 is listed on the child abuse and neglect registry. The total cost of fingerprinting required pursuant to this section may be paid by the state. The Division may make arrangements with other branch agencies to obtain any investigative background information (Section 210.487). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

CHILD ABUSE AND NEGLECT - Mandated reporters, including Division employees, juvenile officers, and school personnel, shall not be permitted to make anonymous reports of child abuse and neglect. However, any personally identifiable information shall be kept confidential (Section 210.109).

The Children's Division is required to establish protocols for ensuring the safety of children; promoting the preservation and reunification of families; providing due process for those accused of child abuse and neglect; and hotline calls. The Division must use a structured decision-making model to classify all reports, which must be initiated within twenty-four hours and classified based on the level of risk and injury to the child (Section 210.145).

The Children's Division cannot meet with a child in a school building or child-care facility if that is where the abuse is alleged to have occurred (Section 210.145).

The amount of time the Division must keep an unsubstantiated report of child abuse by a mandated reporter has been reduced from ten years to five years (Section 210.152).

An officer must cease questioning if the child wishes to have his or her parent, legal guardian, or attorney present (Section 211.059).

The age limitation for statements by children to be admissible is changed from twelve to fourteen (Sections 491.075 and 492.304).

Actions to recover damages for injury or illness that resulted from child sexual abuse must be commenced within ten years of the date the plaintiff reaches twenty-one or within three years of the date the plaintiff discovers or should have reasonably discovered that the illness or injury resulted from child sexual abuse, whichever is later (Section 537.046).

CHILD CUSTODY AND CHILD SUPPORT - If a person files a petition for modification of child custody and owes past due child support in excess of $10,000, then he or she must post a bond in the amount of the past due child support owed or the reasonable legal fees of the custodial parent, whichever is greater, prior to filing the petition. The bond shall be held in escrow by the court until the modification proceedings have been concluded. Then, the bond shall be transmitted to the Division of Child Support Enforcement for disbursement to the custodial parent (Section 452.455). This provision is similar to SCS/HB 1364 (2004).

In any case where a noncustodial parent owes more than $10,000 in child support and his or her paternity was established by the court, the custodial parent can petition the court to terminate the parental rights of the noncustodial parent (Section 452.455).

CHILDREN'S DIVISION - By January 1, 2005, the Division must identify all children in its custody and report to the General Assembly on the type of foster care being provided (Section 210.111).

The Division must conduct a diligent search for the biological parents of a child in its custody if their location is unknown (Section 210.127).

The Children's Division and the Family Support Division must jointly operate and maintain a county office in every county (Section 207.060).

CHILDREN'S HEALTH INSURANCE PROGRAM - Any child with special health care needs who 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 subject to the thirty day waiting period following enrollment (Section 208.647).

COORDINATING BOARD FOR EARLY CHILDHOOD - The "Coordinating Board for Early Childhood" is created within the Children's Services Commission. The "Coordinating Board for Early Childhood Fund" is also created (Section 210.102). This provision is identical to SB 1159 (2004).

COUNTY FAMILY SERVICES COMMISSION - A County Family Services Commission may be established in every county (Section 207.050).

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 hearing and must be held within fourteen days of the request. An adjudication must be held no later than sixty days after the child has been taken into custody. If the court determines there is sufficient cause for the child to remain in custody, then a dispositional review must be conducted within ninety days. During the first year the child is in custody, review hearings must be conducted every 90 to 120 days and at least every six months thereafter (Section 211.032).

Upon the motion of any child or their parent, the court shall grant a change of judge (Section 211.031).

Interagency meetings shall be held as frequently as appropriate to address and review any actions being taken by agency personnel. The agencies shall document the attendance of staff at the meetings. Contracted providers shall also be included (Section 210.518).

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 (Section 211.171).

In family court cases, the costs assessed for mediation, counseling, or home study shall be what the court deems as reasonable (Section 487.100).

DEPARTMENT OF SOCIAL SERVICES - It is the goal of the General Assembly for the Department to attain accreditation by the Council for Accreditation for Families and Children's Services within five years (Section 210.113).

Beginning February 1, 2005, the Department 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 and private service providers (Section 210.188).

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 (Section 210.535).

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 (Section 211.181).

EMPLOYEES OF THE CHILDREN'S DIVISION - Any employee of the Division, including supervisors, private contractor, and merit employees, 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. If an employee has a caseload in excess of those required to attain accreditation by the Council for Accreditation for Families and Children's Services and he or she purposefully, knowingly, and willfully violates the Division's policies, rules, or state laws and the violation directly results in serious physical injury or death, then his or her good faith efforts shall be a mitigating factor in determining dismissal (Section 207.085).

FAMILY SUPPORT TEAM MEETINGS - For all family support team meetings, the parent or legal guardian, foster parents, guardian ad litem, the court-appointed-special advocate, and any designee of the family shall be notified and invited to attend all team meetings (Section 210.145).

For temporary placements, the Division must arrange a meeting prior to or within twenty-four hours following the protective custody hearing. Once the child is in the Division's custody, an additional meeting must be arranged prior to taking any action relating to the placement of the child. However in instances where the welfare of a child requires an immediate or emergency change of placement, the Division may make a temporary placement, but they must schedule a family support team meeting within seventy-two hours (Section 210.762). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

The parents or legal guardian, the guardian ad litem, the volunteer advocate, and any designee of the parent who has written authorization shall be notified and invited to participate in all meetings. These meetings may include any other persons who can assist the team in making the appropriate decisions on behalf of the child. At the conclusion of the meeting, all parties must sign a form provided by the Division 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 (Section 210.762). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

FOSTER CARE - The Division shall provide standards and training for the licensing of prospective foster parents and performance-based criteria for the evaluation of licensed foster parents (Section 210.542). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

The Division must notify the child's parent or legal guardian that the child has been placed in foster care. A child shall not be removed from for placement in foster care without a court order specifying that the child shall be removed from school (Section 210.760). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

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 (Section 211.032).

GRANDPARENT'S VISITATION RIGHTS - New language modifies the law regarding visitation rights for grandparents (Section 452.402). This provision is identical to SB 1325 (2004).

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 (Section 210.160).

Guardian ad litems may receive a reasonable fee in adoption proceedings. The court has the discretion to award the fees as a final judgment to be paid by any party or through public funds (Section 453.025). This provision is identical to SB 1223 (2004).

HOMELESS YOUTH AND QUALIFIED MINORS - New language modifies the definition of "homeless youth" and "self-supporting minor". Furthermore, the parental consent requirement for qualified minors is clarified to include both "express and implied consent" (Sections 167.020 and 431.056). These provisions are identical to SCS/SB 1224 (2004).

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 (Section 210.201).

OFFICE OF 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 Departments of Mental Health and Social Services and the juvenile court (Sections 37.700 - 37.730).

PUTATIVE FATHER REGISTRY - Language regarding the Putative Father Registry is modified (Sections 192.016, 453.020, 453.030, 453.060, and 453.061). These provisions are identical to SCS/SB 964 (2004).

PRIVATIZATION OF SERVICES - Whenever available and appropriate, the Children's Division is required to contract for 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 children's services 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 (Section 210.109).

RELATIVE PLACEMENT - The Division must place children in their custody with relatives, unless it is contrary to the best interest of the child. If it is not in the best interest of the child, 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. The Division must adhere to the Indian Child Welfare Act when placing a Native American child in protective custody (Section 210.565). This provision is identical to CCS/HS/HCS/SCS#2/SB 762 (2004).

SCHOOL AND SCHOOL EMPLOYEES - The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005 before they have contact with a child. Individuals must submit two sets of fingerprints, which shall be used by the Highway Patrol, the Family Care Safety Registry, and the FBI. Fees for the federal and state background checks shall be paid by the employee. School district policies may provide that the applicant be reimbursed for these costs. Information shall be reported to the Department of Elementary and Secondary Education by school officials, who will be immune from civil liability. Section 168.283 will be effective January 1, 2005.

Beginning January 1, 2005, Director of the Department of Revenue shall request that the Department of Social Services determine whether applicants for school bus permits are listed on the child abuse and neglect registry and also shall require the applicants to submit two sets of fingerprints. The first is used to search the criminal history repository and the other is forwarded to the FBI. The applicant shall pay a fee. If an individual has been found guilty of a child abuse or sexual offense, then the Director cannot issue or renew a bus permit to the individual. The Director of the Department of Revenue shall have rule-making authority (Section 302.272).

SCREENING FOR LEAD POISONING - The Departments of Health and Senior Services and Social Services, in collaboration with related not-for-profit organizations, HMOs, and the Missouri Consolidated Health Care Plan, shall devise a three-year educational strategy to increase the number of children on Medicaid who are tested for lead poisoning. The goal of the educational strategy is to have seventy-five percent of the children on Medicaid tested for lead poisoning (Section 701.336). This provision is contained within SCS/SB 745 (2004).

SHAKEN BABY SYNDROME - All licensed hospitals and health care facilities which provide obstetrical services shall offer to all new mothers an opportunity to view with the father and other persons a video on Shaken Baby Syndrome before being discharged (Section 191.748).

STANDARD OF EVIDENCE - The standard of evidence is raised from "probable cause" to "by a preponderance of the evidence".

TASK FORCE ON CHILDREN'S JUVENILE JUSTICE - The Task Force on Children's Juvenile Justice established by the Children's Division shall conduct an independent review of the policies, procedures, and cases of state and local agencies and their effectiveness. The Task Force may have access to information on cases it has been asked to review and may receive assistance from the Department of Social Services, but is prohibited from disclosing information about specific cases (Section 210.187).

VOLUNTARY PLACEMENT AGREEMENTS - These are written agreements between the Department of Social Services and a parent or legal guardian of a child aged seventeen and younger who is solely in need of mental health treatment. These agreements authorize the Department to administer the placement and care of the child while the parent or guardian retains legal custody. The Department of Social Services may enter into a cooperative agreement with the Department of Mental Health which authorizes the Department of Mental Health to provide services and care for the child (Section 210.108).

The act repeals Section 26.740, RSMo, relating to the Child Abuse, Custody and Neglect Commission.

The act contains an emergency clause.
LORIE TOWE

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