HCS/SS/SB 213 - This act modifies several provisions relating to child protection, including: (1) do-not-resuscitate orders; (2) MO HealthNet applications; (3) child placing agency and residential care facility background checks; (4) custody in paternity actions; (5) disclosure of certain records involving children; (6) child placement; (7) third-party custody; (8) child abductions; (9) child custody enforcement; (10) endangering the welfare of a child; and (11) accreditation of the Department of Social Services.DO-NOT-RESUSCITATE ORDERS (Sections 190.600-190.613)
This act modifies the "Outside the Hospital Do-Not-Resuscitate Act" by expanding the provisions to cover persons under 18 years of age who have do-not-resuscitate orders issued on their behalf by a parent or legal guardian or by a juvenile or family court under a current provision of law. Such orders shall function as outside the hospital do-not-resuscitate orders unless specifically stated otherwise. Persons who are not subject to civil, criminal, or administrative liability for certain actions taken upon the discovery of an adult outside the hospital do-no-resuscitate orders shall not be subject to such liability in the case of a minor child's do-not-resuscitate order. Emergency services personnel shall be authorized to comply with the minor child's do-not-resuscitate order, except when the minor child, either parent, the legal guardian, or the juvenile or family court expresses to such emergency services personnel in any manner, before or after the onset of a cardiac or respiratory arrest, the desire for the patient to be resuscitated.
Under this act, do-not-resuscitate orders from other states or territories, or Transportable Physician Orders for Patient Preferences/Physician Orders for Life-Sustaining Treatment (TPOPP/POLST) forms containing specific do-not-resuscitate provisions, as described in the act, shall be accepted under this section and may be revoked by the patient or patient's representative at any time and by any means.
These provisions are identical to provisions in HCS/SS/SB 198 (2023), substantially similar to provisions in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), and SS/SCS/SB 228 (2023), and similar to HB 2741 (2022).
MO HEALTHNET APPLICATIONS (Section 208.072)
Under this act, the application of a minor or incapacitated applicant for MO HealthNet benefits shall by accepted from someone acting responsibly for the applicant.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), HCS/SS/SB 198 (2023), and HB 1288 (2023).
CHILD PLACING AGENCY AND RESIDENTIAL CARE FACILITY BACKGROUND CHECKS (Section 210.493)
This act modifies provisions of current law relating to background checks of individuals in connection with licensed residential care facilities and licensed child placing agencies. Current law requires officers, managers, and support staff to undergo background checks and this act repeals that provision. This act requires the background check to include a state background check.
This provision is identical to provisions in HCS/SS/SB 198 (2023), substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023), HCS/HB 669 (2023), SS/HB 81 (2023), SCS/HB 2623 (2022), and SCS/HCS/HB 237 (2022), and similar to a provision in HCS/SS#2/SB 823 (2022).
CUSTODY IN PATERNITY ACTIONS (Section 210.841)
Under this act, a court shall not award custody, guardianship, or unsupervised visitation in a paternity action to a parent who has been found guilty, or pled guilty to, specified offenses when a child is a victim.
This provision is identical to a provision in HCS/SS/SB 198 (2023).
DISCLOSURE OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360)
Under this act, any personally identifiable information regarding any child receiving child care from a provider or applying for or receiving any services through a state program shall not be subject to disclosure, except as described in the act.
This provision is identical to HB 1010 (2023) and a provision in HCS/SS/SB 198 (2023) and substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the truly agreed to and finally passed CCS/SB 28 (2023), the truly agreed to and finally passed HCS/SCS/SB 103 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed SS/HB 447 (2023) and SB 628 (2023).
CHILD PLACEMENT (Section 211.221)
Under this act, the Children's Division and child placing agencies shall, whenever practicable, select either a person or agency or institution governed by persons of the same religious faith as that of the child's parents or that of the child, as described in the act, when placing a child.
This provision is identical to a provision in HCS/SS/SB 198 (2023), HCS/SS/SCS/SB 129 (2023), HB 1034 (2023), and SB 621 (2023).
THIRD-PARTY CUSTODY (Section 452.375)
This act adds third party custodians to provisions of law relating to grants of child custody or visitation.
CHILD ABDUCTIONS (Sections 452.705, 452.730, 452.885, and 452.1000-452.1122)
This act modifies the Uniform Child Custody Jurisdiction and Enforcement Act by permitting the court, upon a filing of a petition as described in the act, to issue an ex parte warrant to take physical custody of a child if the court finds that there is a credible risk that the child is imminently likely to suffer wrongful removal. Additionally, the court may, before issuing the warrant and before determining placement of the child, order a search of certain databases to determine if the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. A respondent shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but no later than the next judicial day unless a hearing on that date is impossible.
This act establishes the Uniform Child Abduction Prevention Act, which permits the court, either on its own or through a party's petition, to order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child, as described in the act.
These provisions are identical to provisions in HCS/SS/SB 198 (2023) and HCS/HB 1058 (2023).
CHILD CUSTODY ENFORCEMENT (Section 487.110)
This act modifies references to the Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act in a statute relating to child custody proceedings in family courts.
This provision is identical to HCS/SS/SB 198 (2023), SCS/HCS/HBs 994, 52, & 984 (2023), SB 528 (2023), a provision of HB 1151 (2023), HB 1271 (2023), and HB 500 (2023).
ENDANGERING THE WELFARE OF A CHILD (Section 568.050)
Under this act, leaving a child under 8 years of age unattended in a motor vehicle and the child suffering injury or death as a result shall the offense of endangering the welfare of a child in the second degree and a Class A misdemeanor.
This provision is identical to a provision in HCS/SS/SB 198 (2023) and HB 888 (2023).
ACCREDITATION OF THE DEPARTMENT OF SOCIAL SERVICES (repeal of Section 211.113)
This act repeals a provision stating the intent of the General Assembly that the Department of Social Services attain accreditation by the Council for Accreditation for Families and Children's Services by August 28, 2009.
This provision is identical to a provision in HCS/SS/SB 198 (2023) and HB 1073 (2023).
SARAH HASKINS