SB 623
Modifies provisions of law relating to child protection
Sponsor:
LR Number:
3325H.05C
Last Action:
4/30/2020 - Reported Do Pass H Rules - Administrative Oversight
Journal Page:
Title:
HCS SS SB 623
Calendar Position:
Effective Date:
August 28, 2020
House Handler:

Current Bill Summary

HCS/SS/SB 623 - This act modifies several provisions relating to child protection, including: (1) risk assessments for child abuse or neglect; (2) guardians ad litem; (3) foster parents; (4) appearance of certain children in courts; and (5) grandparent visitation.

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 a provision in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020), and SCS/HCS/HB 1683 (2020).

GUARDIANS AD LITEM (Section 210.160)

Under this act, guardians ad litem (GALs) appointed in a case involving an abused or neglected child shall be required to establish a relationship with the child and meet face-to-face in a private setting to observe the child and ascertain the child's wishes and needs. Such initial interview shall take place within 7 business days following the receipt of notification of the appointment by the GAL and receipt of information pertaining to the custody and location of the child. The time period during which the GAL shall meet with the child for the initial interview may be modified as specified in the act. The GAL shall continue to maintain contact with the child for the duration of the appointment. The child's current placement or legal custodian shall cooperate with the GAL to schedule the initial meeting and take all steps necessary to effectuate the meeting. Additionally, the GAL shall attend, as appropriate and necessary, any and all family support team meetings involving the child.

This provision is identical to a provision in SCS/HCS/HB 1414 (2020) and SCS/HCS/HB 1683 (2020) and similar to SB 88 (2019) and provisions in SB 930 (2018) and SB 1073 (2016).

FOSTER PARENTS (Section 210.566)

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 a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020), the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020), and SCS/HCS/HB 1683 (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 the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and SCS/HCS/HB 1683 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020).

GRANDPARENT VISITATION (Section 452.402)

This act provides for a process for courts to grant grandparent visitation in cases where a grandparent has been denied visitation when the parents are not married and there exists a paternity action. Additionally, current law permits grandparent visitation if parent is deceased and the surviving parent denies reasonable visitation. This act repeals the requirement that the surviving parent deny reasonable visitation. In cases when the court finds grandparent visitation to be in the best interests of the child, the court shall have the discretion to determine the amount of time awarded.

Under current law, the right of a grandparent to maintain visitation rights may terminate upon the adoption of the child. Under this act, the grandparent's visitation right shall terminate upon the child's adoption if the parent whose rights were terminated was the child of the grandparent.

This provision is identical to HB 2320 (2020).

SARAH HASKINS