HB 556 Modifies provisions relating to children and families

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 556 - This act addresses several areas relating to children and families, including: (1) youth suicide awareness and prevention; (2) amino acid-based elemental formulas; (3) listing individuals as perpetrators of child abuse or neglect in the central registry; (4) juveniles with problem sexual behavior; (5) returning youths to the custody of the Children's Division; and (6) prohibiting contact with victims of sexual assault through protective orders.

YOUTH SUICIDE PREVENTION AND AWARENESS (Sections 170.047 and 170.048)

Beginning in the 2016-2017 school year, any licensed educator may annually complete up to two hours of training or professional development in youth suicide awareness and prevention as part of the professional development hours required for State Board of Education certification.

The Department of Elementary and Secondary Education must develop guidelines for training or professional development in youth suicide awareness and prevention. The Department must also develop materials that may be used for such training or professional development.

Each district must adopt a policy for youth suicide awareness and prevention by July 1, 2017. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2016, that districts may adopt. The Department must cooperate, consult with, and seek input from organizations that have expertise in youth suicide awareness and prevention. By July 1, 2020, and at least every three years thereafter, the Department must request information and seek feedback from districts on their experience with the policy for youth suicide awareness and prevention. The Department shall review this information and may use it to adapt the Department's model policy. The Department must post the information it receives from districts on its website that it deems relevant. The Department must not post any confidential information or any information that personally identifies a student or school employee.

These provisions are identical to SCS/SB 328 (2015) and provisions in CCS/SS/SCS/HB 458 (2015) and HCS/SCS/SB 107 (2015), substantially similar to HB 1293 (2015) and SB 328 (2015), and similar to provisions in HCS/SCS/SB 146 (2015).

AMINO ACID-BASED ELEMENTAL FORMULAS (Section 192.390)

This act requires the Department of Health and Senior Services to provide coverage, through state and federal appropriations, for the full cost of amino acid-based elemental formulas for children under 19 years with a medical diagnosis of specified allergies, syndromes, or disorders, provided that the state is the payor of last resort.

This provision is substantially similar to provisions in SS/SCS/SB 354 (2015), SCS/HCS/HB 976 (2015), and HCS/SS/SCS/SB 354 (2015).

CENTRAL REGISTRY (Section 210.118)

This act requires the clerk of a court, when the court finds by a preponderance of the evidence that a party is responsible for child abuse or neglect, to send a certified copy of the judgment or order to the Children's Division (CD) and to the appropriate prosecuting attorney. Upon receipt of the order, the CD shall list the individual as a perpetrator of child abuse or neglect in the central registry. The clerk and CD shall do the same in cases where an individual has been found guilty of certain specified crimes including murder, manslaughter, assault, child abandonment, or sexual offenses against children or an attempt to commit such crimes.

This provision is identical to SCS/HCS/HB 976 (2015) and substantially similar to SB 525 (2015), HB 475 (2015), and provisions in HCS/HB 976 (2015).

JUVENILES WITH PROBLEM SEXUAL BEHAVIOR (Section 210.148)

This act provides that when the CD receives a report concerning a juvenile with problem sexual behavior, the division shall immediately communicate the report to the appropriate local office, which will then use a family assessment and services approach to respond to the report. For the purposes of family assessments performed under this act, the alleged abuse does not have to be committed by a person responsible for the care, custody, and control of the child.

Nothing in this act prevents the local office from commencing an investigation if, during the family assessment and services approach, the local office determines that an investigation is warranted. Such an investigation may include requesting assistance from the appropriate law enforcement agency. A juvenile with problem sexual behavior is defined as any person, under fourteen years of age, who has allegedly committed sexual abuse against another child.

This provision is identical to provisions in SCS/HCS/HB 734 (2015), SCS/HCS/HB 976 (2015), SCS/SB 341 (2015), and HCS/SCS/SB 341 (2015), and substantially similar to provisions in HCS/HB 976 (2015), HB 713 (2015), and SB 341 (2015).

RETURNING YOUTH TO THE CUSTODY OF THE CHILDREN'S DIVISION (Sections 211.031 and 211.036)

This act also grants the family court exclusive original jurisdiction in proceedings involving youth under 21 years of age for whom a petition to return the youth to CD's custody has been filed. Under current law, if a youth under 21 years of age has been released from the CD's custody and it appears to be in the youth's best interests to return to such custody, the juvenile officer, the CD, or the youth may petition the court to return the youth to the CD's custody. This act requires the petition to be filed in the court that had previously exercised jurisdiction over the youth. If the petition is not heard within 6 months of the filing date, the petition may be filed in the court where the youth resides or the court of an adjacent county.

When determining if such a return to custody is in the youth's best interests, the court shall consider: (1) the circumstances of the youth; (2) whether the CD has services or programs that will benefit the youth; and (3) whether the youth will fully cooperate with the CD in designing and implementing a case plan. The court shall not return a youth to the CD's custody if that youth has been committed to the custody of another agency, is under a legal guardianship, or has pled or been found guilty of a felony criminal offense. The court may, upon a motion by the CD or the youth, terminate care and supervision before the youth's 21st birthday if the CD does not have services available for the youth or if the youth declines to cooperate with the case plan.

This provision is identical to SB 518 (2015).

PROTECTION ORDERS PROHIBITING CONTACT WITH VICTIMS OF SEXUAL OFFENSES (Sections 455.010, 455.020, 455.032, 455.040, 455.045, 455.050, 455.080, 455.085, 455.503, 455.505, 455.513, 455.520, 455.523, and 455.538)

Current law allows a person, including a child, who has been subject to domestic violence by a family or household member or any person who has been the victim of stalking to be granted an order of protection. This act also allows the courts to grant protective orders to victims of sexual assault.

Under the current definition section that applies to provisions relating to orders of protection, "sexual assault" is defined as "causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, or duress". This act adds causing or attempting to cause another person to engage involuntarily in a sexual act without that person's consent to the definition.

These provisions are identical to provisions in SCS/SB 321 (2015) and HCS/SCS/SB 341 (2015).

SARAH HASKINS

SA 1: MODIFIES AMINO ACID FORMULA LANGUAGE SO THAT CHILDREN ALREADY COVERED BY MO HEALTHNET, WIC, AND CHIP ARE EXCLUDED

SA 2: ADDS NEWBORN SCREENING REQUIREMENT FOR SEVERE COMBINED IMMUNODEFICIENCY

SA 3: UTILIZES SAFE SLEEP RECOMMENDATIONS TO DEVELOP SAFE SLEEP POLICIES FOR LICENSED CHILD CARE FACILITIES

SA 4: DEPARTMENT OF SOCIAL SERVICES SHALL CONTRACT WITH A THIRD PARTY FOR VERIFICATION FOR ELIGIBILITY FOR ASSISTANCE UNDER MO HEALTHNET, TANF, SNAP, AND CHILD CARE ASSISTANCE

SA 5: CURRENT FOSTER PARENTS OR PREADOPTIVE PARENTS SHALL BE A PARTY TO ANY MATTER INVOLVING THE CHILD IN THEIR CARE AND PARTICIPATE IN ALL COURT HEARINGS PERTAINING TO THAT CHILD

SA 6: EXTENDS THE RESIDENTIAL TREATMENT AGENCY TAX CREDIT AND THE DEVELOPMENTAL DISABILITY CARE PROVIDER TAX CREDIT INDEFINITELY


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