House Committee Substitute

HCS/SB 885 -This act modifies provisions relating to children.

IMMUNITY FROM REPORTING CHILD ABUSE

This act provides immunity from any civil or criminal liability to any person who reports a case of suspected child abuse, neglect, or assault to the proper authorities including liability for any action taken by the proper institution, facility, or agency. SECTION 210.135

This provision is identical to HB 1427 (2008).

CHILD ABUSE AND NEGLECT INVESTIGATION RECORDS

This act allows investigation reports of child abuse or neglect in the Central Registry of the Children's Division to be released to an alleged perpetrator with pending criminal charges arising out of the facts named in the investigation record prior to an indictment or filed information.

Under current law, the alleged perpetrator has 60 days from the receipt of notice from the division to seek a reversal and a review of the divisions's finding by the Child Abuse and Neglect Review Board. The perpetrator also has 60 days to seek judicial review of the board's decision. This act reduces such time period from 60 days to 30 days in both instances. SECTIONS 210.150 AND 210.152

These provisions are identical to HB 2143 (2008).

COMMUNITY CHILDREN SERVICES FUND

This act allows for the appointment of a board of directors prior to the establishment of a tax for a Community Children's Services Fund and allows for the board to engage in and contract for services or actions necessary to conduct the duties of the board once it is established. Current law requires the appointment of the board after the tax has been established. SECTION 210.861

This provision is identical to SB 323 (2007).

PARENTAL RIGHTS

This act declares that parents and legal guardians of unemancipated minors have a natural and fundamental right to determine and direct the care, health care, teaching and education of their child. However, the right to make all health care decisions shall not supercede or infringe current state laws. SECTION 210.890

This provision is similar to HB 1316 (2008).

PARENTAL RELATIONSHIP TO CHILD

This act revises the definition of "parent", as it relates to parental rights, to include a birth parent or parents of the child, a putative father of the child, as well as the husband of a birth mother at the time the child was conceived, or a parent or parents of a child by adoption. A putative father of a child shall have no legal relationship to the child unless he has acknowledged the child on his own by affirmatively asserting his paternity. SECTIONS 211.021 AND 211.442

These provisions are identical to provisions in HB 1989 (2008).

JUVENILE COURT

This act lowers the age for which the juvenile court does not have jurisdiction over a child who is alleged to have violated a state or municipal traffic ordinance or regulation from 15 and a half years of age to 15 years of age. SECTION 211.031

Under current law, a juvenile court cannot place any child with a parent if the parent or any person residing with the parent if found guilty of or pled guilty to child abuse or a felony sexual offense involving a child. This act adds the conviction or guilty plea for the same offenses committed in another state to this list of violations preventing the placement of a child. A juvenile officer must file a petition to terminate the parental rights of the child's parents for any of these offenses. SECTIONS 211.038 and 211.447

This act allows a peace officer of this state, upon written request by another peace officer of this state or any other state, the federal government, or a prosecuting attorney of this state or any other state, to disclose records, information, or reports concerning a person younger than 17 years of age in an investigation of a matter within his or her jurisdiction. SECTION 211.321

These provisions are substantially similar to HB 1989 (2008).

ADRIANE CROUSE


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