Conference Committee Substitute

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 that the educational needs of certain children committed to the guardianship of the Department of Social Services are to be considered by the child's family support team and invites the local school district to have full representation on the team. When the Department of Social Services places a child for treatment in a licensed residential care facility, the facility shall be responsible for the child's educational needs if there is no individualized education program for the child. This act addresses the use of homebound instruction, alternative settings, and reimbursement for educational services for facilities with their own school and staff, facilities with their own school facilities using school district staff, and facilities with neither school facilities nor staff of their own.

Any child placed for treatment in a licensed residential care facility whose treatment plan supports his or her ability to attend public school but who is then suspended or demonstrates school failures will receive a full school day of education as described in the Act.

Licensed residential care facilities for children may contract with school districts for educational services. A residential treatment facility shall work with the school district to develop an educational plan. If a facility and school district cannot reach an agreement on the education plan for the student, the differences shall be resolved by an arbitration panel with representatives from the Department of Elementary and Secondary Education, the Children's Division within the Department of Social Services, and a member appointed by the Governor. Each treatment facility and school district must file a signed copy of their education plan to the Department of Elementary and Secondary Education and to the Department of Social Services before June 1 of each year.

This act is similar to SB 515 (2007) and SCS/HCS/HB 827 (2007).

ADRIANE CROUSE