SB 653
Modifies provisions relating to child protection
Sponsor:
LR Number:
3423S.06T
Last Action:
7/13/2020 - Signed by Governor
Journal Page:
Title:
CCS HCS SCS SB 653
Calendar Position:
4
Effective Date:
August 28, 2020
House Handler:

Current Bill Summary

CCS/HCS/SCS/SB 653 - This act modifies several provisions relating to child protection, including: (1) foster care case management; (2) Children's Division records; (3) temporary alternative placement agreements; (4) risk assessments for child abuse or neglect; (5) foster parents; (6) information exchange for child placement; and (7) the appearance of certain children in courts.

FOSTER CARE CASE MANAGEMENT (Section 210.112)

This act repeals existing law relating to foster case management and instead requires all providers of direct services to be evaluated in a transparent, objective and consistent basis with an evaluation tool established under this act. Such services shall be routinely tracked and evaluated through a quality assurance program, as described in the act. Resources and efforts shall be committed to providing the best opportunities for each child, including independent living arrangements and least restrictive alternatives based on the child's needs and the quality of care received.

Payment to service providers shall be made based on the reasonable costs of services. Any reimbursement increases made through enhanced appropriations for services shall be allocated to providers regardless of whether the provider is public or private. In addition, the contracts shall include performance-based incentives based on the evaluation tool developed under this act.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and substantially similar to provisions in SCS/HCS/HB 1683 (2020).

CHILDREN'S DIVISION RECORDS (Section 210.116)

Under this act, the Children's Division may share any records, information, and findings with federal, state, and local child welfare agency personnel and law enforcement agencies, including those outside the state, in the performance of the Division's duties and upon a reasonable belief that such information is needed to protect a child from abuse or neglect or to assist the agency in providing child welfare services. Identifying information may be shared only if the Division reasonably believes the receiving entity will prevent the unauthorized dissemination of the information.

This provision is identical to a provision in HCS/HB 2216 (2020).

TEMPORARY ALTERNATIVE PLACEMENT AGREEMENTS (Section 210.123)

This act authorizes the Children's Division to enter into temporary alternative placement agreements with parents and legal guardians of a minor child who cannot safely remain in his or her home. The purpose of the agreements is to mitigate trauma to the child and to enable the Division to make reasonable efforts to assure the safety of the child in a familiar placement setting. The placement shall be temporary and shall be in Missouri, unless the child requires medical treatment in another state that is not reasonably available within Missouri. Temporary alternative placement agreements shall be voluntary and in writing for out-of-home placements when the Division determines that a referral to the juvenile officer to remove the child from the home is not appropriate. Such agreements shall be valid for no more than 90 days, unless extended as specified in the act.

A temporary alternative placement agreement shall not prohibit a juvenile officer from taking additional action and the Division shall retain the authority to refer the case to the juvenile officer with a recommendation for further action at any time.

The Division shall have personal contact with the child, at least two times each month, during the agreement to ensure the child's safety, as well as schedule team decision-making meetings and open family-centered services.

These provisions are identical to provisions in SS/SCS/HCS/HB 1414 (2020) and substantially similar to provisions in SCS/HCS/HB 1683 (2020).

RISK ASSESSMENTS FOR CHILD ABUSE OR NEGLECT (Section 210.145)

Under this act, the Children's Division shall include a standard risk assessment completed within 72 hours of a hotline report of child abuse or neglect within its structured decision-making protocols. The Director of the Division and the Office of State Courts Administrator shall develop a joint safety assessment tool before December 31, 2020, and such tool shall be implemented before January 1, 2022. The tool shall replace the standard risk assessment required under current state law.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and SCS/HCS/HB 1683 (2020).

FOSTER PARENTS (Sections 210.566, 210.790, and 211.171)

This act modifies the "Foster Parents' Bill of Rights" to require the Children's Division and its contractors to provide written notification of these rights at the time the child is placed with a prospective foster parent, even if the parent has yet to be licensed as a foster parent. Additionally, the Division and its contractors shall provide full access to the child's medical, psychological, and psychiatric records, including records prior to the child coming into care, at the time the child is placed with a foster parent. Access shall include providing information and authorization for foster parents to review or to obtain the records directly from the service provider.

If a foster parent alleges a court failed to allow the foster parent to be heard orally or in writing in a court hearing involving a child in his or her care, the foster parent may seek remedial writ relief pursuant to Missouri Supreme Court Rules 84, 94, and 97. No docket fee shall be required to be paid by the foster parent. The Division shall not remove a child from placement with the foster parent based solely upon the foster parent's filing of a petition for a remedial writ or while the writ is pending, unless removal is necessary for the health and safety of the child.

Additionally, the court shall ensure a child's foster parent has received full access to the child's medical, psychological, and psychiatric records, including prior records, from the Division and its contractors, as required under this act.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020), substantially similar to provisions in SCS/HCS/HB 1683 (2020), and similar to SB 360 (2019), provisions in HCB 12 (2018), and SB 1073 (2016).

Under this act, the Division shall not require foster parents to conduct supervised visits or be present during any supervised visits between a foster child and the child's siblings or biological family.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and SCS/HCS/HB 1683 (2020).

INFORMATION EXCHANGE FOR CHILD PLACEMENT (Section 210.652)

Under this act, the Department of Social Services, in cooperation with the Office of Administration, shall implement a computerized method to allow for the electronic exchange of data and documents required by the Interstate Compact on the Placement of Children to place children across state lines.

This provision is identical to HB 1613 (2020).

APPEARANCE OF CERTAIN CHILDREN IN COURTS (Section 211.135)

The juvenile court, in compliance with all federal guidelines and after considering all information provided by the Division and input from a child's family support team, shall order the child to appear in court only: (1) if necessary to make a decision; and (2) after considering the appropriateness of the courtroom environment for the child and the hardship to be endured by the child and current guardians regarding disruptions of regular activities.

This provision is identical to provisions in SCS/HCS/HB 1683 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020).

SARAH HASKINS