SB 869
Modifies provisions relating to children
LR Number:
Last Action:
7/9/2014 - Signed by Governor
Journal Page:
Calendar Position:
Effective Date:
August 28, 2014
House Handler:

Current Bill Summary

HCS/SS/SB 869 - This act modifies procedures relating to children.


This act adds new duties to the Joint Committee on Child Abuse and Neglect regarding the role of judges, the Children's Division, the juvenile officer, the guardian ad litem and the foster parents.

This provision is identical to a provision in SCS/HB 1092 (2014).


This act allows the Office of the Child Advocate within the Office of Administration to file any pleadings necessary in order to intervene on behalf of a child at the appropriate judicial level using the resources of the Office of the Attorney General.

This provision is identical to SB 973 (2014); and to a provision in SCS/HB 1092 (2014).


Under current law, adoptive parents who are employed by the state or political subdivisions may take leave for purposes of arranging for the adopted child's placement or care. This act establishes the same treatment for foster parents.

The act also allows the state and political subdivisions to provide a leave sharing program for employees arranging for a foster or adopted child's placement or care. Donated annual leave, overtime, or compensatory leave time may be transferrable between employees across departments, agencies and political subdivisions with the agreement of the chief administrative officers of such departments, agencies or political subdivisions.

The Commissioner of Administration may promulgate rules that implement the new provisions.

This provision is identical to SCS/SB 520 (2014); SS/HB 1184 (2014); and HCS/HB 1054 (2014).


This act modifies provisions relating to rules and requirements by the Department of Social Services for child-care providers who receive state or federal funds for providing fee assistance.

The new provisions establish increased child care provider training requirements as well as building and physical premises requirements. The Department is required to establish a publicly available website listing provider specific information about health and licensing requirements, inspections and history of violations and compliance actions taken. The Department is also required to provide information to establish a transparent system of quality indicators to provide parents with a way to differentiate between child care providers available in their community. A hotline shall also be established for parents to submit provider complaints. This act does not authorize the operation, establishment, maintenance, or mandating or offering of incentives to participate in a quality rating system. No state agency shall enforce the provisions of this section until October 1, 2015, or six months after the implementation of federal rules mandating such new requirements, whichever is later.

These provisions are identical to provisions in CCS/SCS/HCS/HB 1831 (2014); and substantially similar to SS/SCS/SB 720(2014); HCS/SCS/SB 873 (2014)and SS/HB 1184 (2014).

CHILDREN'S HEALTH INSURANCE PROGRAM (Sections 208.631 to 208.646)

Currently, the State children's health insurance program (SCHIP) defines uninsured children as an individual up to 19 years of age who meets specified criteria and whose parent or guardian has not had access to affordable coverage for their children for six months prior to application for SCHIP. This act changes section references within the SCHIP to remove any reference relating to the uninsured women's health program. This act also removes the requirement that parents annually prove their total net worth is below $250,000 and changes the ineligibility period for children whose parents have failed to meet copayment or premium obligations from six months to ninety days.

These provisions are identical to provisions in HCS/SB 508 (2014); and HB 2080 (2014).

CHILDREN'S DIVISION INVESTIGATIONS (210.145, 210.152, 210.183)

This act changes the time frames regarding a child abuse or neglect investigation by the Children's Division within the Department of Social Services. This act amends the time lines for the Division as follows:

-45 days, rather than the current 30 days, for updating the information and to complete the investigation except for good cause;

-If an investigation cannot be completed in 45 days, it shall be completed no later than 90 days after receipt of a report, except in cases involving sexual abuse, such cases shall be completed no later than 120 days after receipt of such report, or in cases involving a child fatality or near-fatality the investigation shall remain open until the Children's Division's investigation is completed surrounding such death or near-fatal injury. This act defines good cause to mean when certain relevant evidence outside of the Children's Division's control as specified in the act, such as medical or law enforcement tests, have not been completed or there is a pending criminal case and the issuing of a decision by the Division will adversely impact the progress of the criminal investigation.

These provisions are identical to provisions in SCS/HB 1092 (2014); SCS/SB 802 (2014), and HCS/SCS/SB 873 (2014).


This act allows the judge on its own motion, or upon a motion of a party, to appoint a guardian ad litem to appear for and represent an abused or neglected child involved in proceedings arising from judicial review of a Child Abuse and Neglect Review Board.

These provisions are identical to provisions contained in HCS/SCS/SB 873 (2014).


Under this act, any in-home licensed child care facility that is organized as a corporation, association, firm, partnership, limited liability, or any other type of business entity in this state shall qualify for the exemption for related children for children who are related within the first degree by blood, marriage or adoption to the member of such corporation or other such business entity who is responsible for the daily operation of the child care facility, and who meets the requirements of the child care provider.

All in-home child care facilities under this act shall disclose the licensure status of the facility to the parents or guardians of children for which the facility provides care. A parent or guardian shall sign a written notice indicating he or she is aware of the licensure status of the facility. The facility shall keep a copy of this signed written notice on file. All child care facilities shall provide the parent or guardian enrolling a child in the facility with a written explanation of the disciplinary philosophy and policies of the child care facility.

This provision is identical to a provisions contained in SS/SCS/HCS/HB 1231 (2014).


This act provides that a foster parent shall have standing to participate in all court hearings pertaining to a child in their care.


The act provides that the Department of Public Safety shall establish rules and make payments to SAFE CARE providers, who provide forensic examinations of persons under eighteen years of age who are alleged victims of physical abuse. The Department must establish maximum reimbursement rates which reflect the reasonable cost of providing the forensic exam.

The Department will only reimburse providers for forensic evaluations and case reviews performed on a child which is the subject of a child abuse investigation or reported to the Children's Division as a result of the examination. Providers shall not be reimbursed for procedures, facility fees, supplies, or tests. A minor may consent to an examination under this section.

This provision is identical to CCS/HCS/SCS/SB 852(2014); SS/SCS/HCS/HB 1231 (2014); and substantially similar to SCS/HB 1092 (2014), SS/HB 1184 (2014), HCS/SCS/SB 873 (2014), SCS/SB 802 (2014).


Beginning January 1, 2015, adoption subsidy agreements shall include a provision allowing for the suspension or redirection of subsidy payments in the event that the child has been adjudicated dependent and made a ward of the court and removed from the physical or legal custody of the parent or parents by a court of competent jurisdiction.