HCB 11 Modifies provisions relating to persons under protective custody

Current Bill Summary

- Prepared by Senate Research -


HCB 11 - This act modifies several provisions relating to persons under protective custody: (1) vital records; (2) immunizations; (3) Missouri Children's Service Commission; (4) assessment and treatment services and case management; (5) child abuse and neglect investigations; (6) foster care background checks; (7) adoption and foster care records; (8) the Trauma-Informed Care for Children and Families Task Force; (9) juvenile court orders; and (10) minor bank accounts.

VITAL RECORDS (Section 193.265)

Under this act, no fee shall be required or collected for a birth, death, or marriage certificate if the request is made by the Children's Division or Division of Youth Services on behalf of a child under the jurisdiction of the juvenile court.

This provision is substantially similar to SB 827 (2018), HCS/SB 850 (2018), and HB 1470 (2018).

IMMUNIZATIONS (Section 210.003)

Under this act, a child who has not completed all immunizations appropriate for his or her age may enroll in a public, private, or parochial day care center, preschool or nursery school if the child is homeless or in the Children Division's custody and cannot provide satisfactory evidence of the required immunizations. Satisfactory evidence shall be presented within 30 days of enrollment. If the child has begun the process of immunization, he or she may continue to attend as long as the process is accomplished as specified in the act.

This provision is identical to a provision in CCS/SB 819 (2018) and HB 2139 (2018).

MISSOURI CHILDREN'S SERVICE COMMISSION (Sections 210.101, 210.102, and 210.103)

This act repeals the Missouri Children's Service Commission and moves the Coordinating Board for Early Childhood from the commission to the Department of Social Services.

These provisions are identical to a provision in CCS/SB 819 (2018) and HB 2098 (2018).

ASSESSMENT AND TREATMENT SERVICES AND CASE MANAGEMENT (Sections 210.110 and 210.112)

This act modifies the definition of "assessment and treatment services for children under ten years old" to remove the requirement that the assessment and screening be conducted every six months for a child under the custody of the state. Instead, the assessment and screening shall be conducted in accordance with the periodicity schedule of the American Academy of Pediatrics.

This provision is identical to a provision in SCS/SB 913 (2018) and CCS/SB 819 (2018).

Under current law, contracts entered into by the Children's Division with qualified children's services providers and agencies shall require that a case management plan be developed for each child no later than fourteen days after an initial investigation or referral. This act changes that time frame to thirty days.

Additionally, by December 1, 2018, the Division shall convene a task force to review the recruitment, licensing, and retention of foster and adoptive parents statewide and shall submit recommendations to the General Assembly, the Joint Committee on Child Abuse and Neglect, and the Governor by December 1, 2019.

This provision is identical to a provision in CCS/SB 819 (2018).

CHILD ABUSE AND NEGLECT INVESTIGATIONS (Section 210.145)

Under this act, the Children's Division may accept a report for a child abuse or neglect investigation or family assessment if the child or alleged perpetrator resides in Missouri, may be found in Missouri, or if the incident occurred in Missouri. If the Division receives a report in which neither the child nor the perpetrator lives in Missouri or may be found in Missouri and the incident did not occur in Missouri, the Division shall document the report and communicate it and relevant information and records to the appropriate agencies in the state where the child is believed to be located.

The Division shall be permitted to co-investigate a report of child abuse or neglect, as well as share records and information with child welfare, law enforcement, or judicial officers in Missouri or another state, territory, or nation when the Division determines it is appropriate to do so.

These provisions are identical to provisions in CCS/SB 819 (2018) and similar to provisions in SB 850 (2018) and SCS/SB 858 (2018).

FOSTER CARE BACKGROUND CHECKS (Section 210.487)

This act modifies the current law regarding background checks for persons in an applicant foster parent's home prior to licensing. The Division shall obtain fingerprints from specified individuals in the applicant's household and the Highway Patrol shall assist the Division in providing a criminal fingerprint background check in compliance with existing state law. After the initial background check has been completed, the Highway Patrol shall provide ongoing electronic updates to the background check. These ongoing checks shall end when the applicant ceases to be a licensed foster parent.

This provision is identical to a provision in CCS/SB 819 (2018).

ADOPTION AND FOSTER CARE (Sections 210.488, 453.121, and 610.021)

Under this act, records relating to foster home or kinship placements of children in foster care shall be considered closed records under state law. Such records may be disclosed as provided for in this act. A parent or legal guardian of a child in foster care may have access to investigation records kept by the Children's Division regarding the denial, suspension, or revocation of the license of a foster home in which the child was placed. The Division's response to a request for the release of such information shall not include financial, medical, or other personal information relating to the foster home provider and the foster home provider's family, unless the Division determines that the information is directly relevant to the disposition of the investigation and report.

The Division may disclose or utilize information and records relating to foster homes in its discretion and as needed for the administration of the foster care program. The Director of the Department of Social Services shall authorize the disclosure of such information in cases of child fatalities or near-fatalities to courts, juvenile officers, law enforcement agencies, and prosecuting and circuit attorneys upon written request and as related to their duties under law. Finally, the Division may disclose such information and records to specified individuals that have a need for the information to conduct their lawful duties.

This act also provides that all papers, records, and information known to or in the possession of an adoptive parent or adoptive child that pertain to an adoption may be disclosed by the adoptive parent or adoptive child. Nothing in this act shall be construed to create a right to have access to information not otherwise allowed under existing state law concerning information in adoption records.

These provisions are identical to provision in CCS/SB 819 and substantially similar to provisions in SB 850 (2018) and SCS/SB 715 (2018).

THE TRAUMA-INFORMED CARE FOR CHILDREN AND FAMILIES TASK FORCE (Section 210.1030)

This act creates the "Trauma-Informed Care for Children and Families Task Force", which shall promote the healthy development of children and families by promoting comprehensive trauma-informed support systems and interagency cooperation. The act specifies task force membership and meeting requirements. The task force shall examine early identification of children and families at risk of experiencing trauma, referral of such children and families to appropriate trauma-informed support services, and implementation of trauma-informed approaches and interventions in schools, organizations, homes, and other settings. The task force shall submit a report and any recommendations to the General Assembly and the Joint Committee on Child Abuse and Neglect by January 1, 2019.

This provision is substantially similar to a provision in CCS/SB 819 (2018) and similar to SB 1004 (2018) and HB 2217 (2018).

JUVENILE COURT ORDERS (Section 211.093)

Under current law, any order or judgment entered by a court concerning child protection takes precedence over any previous court order concerning the status or custody of a child for as long as the new court order remains in effect. This act adds orders of guardianships to the list of prior orders concerning the status or custody of a child over which a new court order shall take precedence.

Additionally, any court exercising jurisdiction over a child in specified cases shall have the authority to: (1) enter an order regarding the custody of the child, (2) enter a child support order, (3) establish rights of visitation, and (4) establish paternity. Any custody, support, or visitation order entered by the court shall remain in effect after the termination of the underlying juvenile court proceeding unless the order expressly states otherwise. If the court terminates jurisdiction without entering a continuing custody, support, or visitation order, then the child shall be returned to a parent, custodian, or legal guardian who exercised custody prior to the court's assumption of jurisdiction and any custody or visitation orders in effect at the time the court assumed jurisdiction shall be restored.

The juvenile court shall not hear any modification motions or other actions to rehear any order entered under this act after the court terminates jurisdiction.

Finally, this act requires the Children's Division to make all reasonable efforts to establish paternity within 60 days of the court assuming jurisdiction over the child in specified cases.

These provisions are similar to provisions in HCS/SB 800 (2018).

MINOR BANK ACCOUNTS (Section 431.056)

Under this act, a minor who is 16 years or older and in the legal custody of the Children's Division may contract with a bank to open a checking or savings account. The minor shall be responsible for all costs and penalties associated with the account.

Additionally, a minor shall be able to contract for admission to a rape crisis center if the minor is qualified as specified in the act.

This provision is identical to a provision in CCS/SB 819 (2018) and substantially similar to SB 805 (2018).

SARAH HASKINS


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