HCS/SS#2/SB 862 - This act modifies several provisions relating to the protection of vulnerable persons, including: (1) sex and human trafficking training; (2) tax credits for contributions to certain child advocacy organizations; (3) Department of Revenue fee offices; (4) homeless youth; (5) prescribed pediatric extended care facilities; (6) Children's Division contractors; (7) child care providers; (8) temporary child care licenses; (9) money held by the Children's Division for the benefit of a child; (10) child custody in paternity actions; (11) the Statewide Council Against Trafficking; (12) medication-assisted treatment and child placement; (13) child placement; (14) child custody arrangements; (15) the Uniform Child Custody Jurisdiction and Enforcement Act; (16) the Uniform Child Abduction Prevention Act; (17) the Uniform Deployed Parents Custody and Visitation Act; (18) the Uniform Unregulated Child Custody Transfer Act; (19) "Bentley and Mason's Law"; (20) classification of minors for orders of protection; (21) the admissibility of certain evidence in criminal cases; (22) the pretrial witness protection program; (23) offenses of enticement of a child and patronizing prostitution; and (24) restitution for human trafficking offenses. SEX AND HUMAN TRAFFICKING TRAINING (Sections 27.170, 56.265, 190.142, 211.326, 337.618, and 590.050)
This act establishes the "Committee on Sex and Human Trafficking Training" with membership as provided in the act. The Committee shall annually evaluate and establish guidelines for sex and human trafficking training for boards, departments, and agencies.
This act provides that prosecutors, emergency medical technicians, juvenile officers, social workers, and peace officers shall undergo training on sex and human trafficking awareness annually beginning January 1, 2025 until December 31, 2029.
These provisions are substantially similar to provisions in the SCS/HCS/HBs 1706 & 1539 (2024).
TAX CREDITS FOR CONTRIBUTIONS TO CERTAIN CHILD ADVOCACY ORGANIZATIONS (Section 135.341)
Current law authorizes a tax credit for contributions made to CASAs, child advocacy centers, and crisis care centers, as such terms are defined in the act, with such tax credit equal to fifty percent of the contribution. For all tax years beginning on or after January 1, 2024, this act increases the tax credit to seventy percent of the contribution. Additionally, the current maximum amount of tax credits that may be authorized for contributions made to qualified agencies shall not exceed $1.5 million. For all fiscal years beginning on or after July 1, 2024, this act provides that the amount of tax credits that may be authorized by the act in a fiscal year shall not exceed $2.5 million.
This act changes the sunset date from December 31, 2025, to December 31, 2030, unless reauthorized by the General Assembly.
This provision is substantially similar to SB 1060 (2024), SB 1174 (2024), SB 662 (2023), and HB 1343 (2023).
DEPARTMENT OF REVENUE FEE OFFICES (Section 136.055)
This act increases service fees charged by Department of Revenue fee offices for certain transactions. In awarding fee office contracts, the act requires the Department of Revenue to provide at least 5% of evaluation credit, rather than "priority" or "special consideration", to applicants meeting certain criteria. The act also specifies that the Director of the Department of Revenue shall not award fee office contracts to entities affiliated in any manner, as defined in the act, with a current employee of the Department or with a former employee of the Department for the one-year period following the employee's termination of employment. All fees authorized under this provision of law collected by a contract fee office may be retained and used by the entity operating the contract fee office and all fees collected by a fee office operated by the Department of Revenue shall be considered state revenue.
One dollar from every fee increased under the act and collected by a contract fee office shall be remitted to the "License Office Distribution Fund" established under the act. The remitted funds shall be held in trust for the fee office contract holders, and shall not be considered state revenue. In the event a court of competent jurisdiction requires money remitted to the fund under the act to be distributed in accordance with certain constitutional provisions, the required remittance to the fund shall be null and void. Beginning after December 31, 2025, but no later than February 15, 2026, the amount of money remitted to the fund each quarter shall be distributed equally among fee offices, as provided in the act.
These provisions are substantially similar to provisions in SCS/HCS/HB 1775 (2024) and similar to SB 738 (2024), provisions in CCS/HCS/SB 47 (2023), provisions in HCS/HB 424 (2023), and SCS/SB 366 (2023).
HOMELESS YOUTH (Sections 136.055, 302.178, and 302.181)
This act exempts homeless children, homeless youths, and unaccompanied youths, as defined by law, from certain fees collected by Department of Revenue fee offices. The act also adds these groups to the definition of "emancipated minor" for purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees.
The act provides that no fee shall be required or collected from a homeless child, homeless youth, or unaccompanied youth to obtain his or her first nondriver identification card. A minor's status as a homeless child, homeless youth, or unaccompanied youth under the act shall be verified by a letter signed by a director or designee of a governmental or nonprofit agency providing services to homeless persons, by a local education agency liaison as described under federal law, by a school social worker or counselor, or by an attorney who is representing the minor in a legal matter.
These provisions are identical to SCS/HCS/HB 1775 (2024), SB 772 (2024), SB 47 (2023), and provisions in HCS/SS/SB 198 (2023), substantially similar to provisions in HCS/HB 355 (2023), identical to SCS/SB 1167 (2022), and similar to HB 2789 (2022), provisions in SCS/HCS/HB 2376 (2022), and provisions in HCS/SS#2/SB 823 (2022).
PRESCRIBED PEDIATRIC EXTENDED CARE FACILITIES (Sections 192.2550 to 192.2560)
Beginning August 28, 2025, it shall be unlawful for any person to establish, maintain, or operate a prescribed pediatric extended care facility without a license issued by the Department of Health and Senior Services. A "prescribed pediatric extended care facility" is defined as a facility providing medically necessary multidisciplinary services to children under 6 years of age with complex medical needs requiring continuous skilled nursing intervention of at least 4 hours a day under a physician's order. Multidisciplinary services may include skilled nursing, personal care, nutritional assessment, developmental assessment, and speech, physical, and occupational therapy. Prescribed pediatric extended care facilities shall also be licensed child care providers under state law.
This act sets forth the Department's authority to issue, suspend, or revoke such licenses, as well as conduct inspections and investigations and to promulgate rules to implement the provisions of this act.
Prescribed pediatric extended care facilities with caregiver staffing ratios of one licensed nurse present for every child present; hospitals, sanitariums, or homes operated for medical treatment or nursing or convalescent care for children; and certain programs licensed by the Department of Mental Health shall not be required to be licensed under this act.
These provisions are identical to provisions in the perfected SS/SB 1111 (2024).
CHILDREN'S DIVISION CONTRACTORS (Section 210.109)
This act permits the Children's Division to contract for services designed to ascertain child safety and provide preventative services. A contractor providing child safety services for a child shall not also be a placement provider for that child.
This provisions is identical to provision in SCS/SB 811 (2024) and SCS/SB 229 (2023).
CHILD CARE PROVIDERS (Sections 210.201, 210.211, 210.252, and 210.275)
Under current law, any program licensed as a child care provider that provides child care to school-age children located and operated on elementary or secondary school property shall be deemed in compliance with child care licensure requirements relating to safety, health, and fire. This act expands this provision to apply to all licensed programs providing child care to only school-age children, regardless of where such program is located and operated. "School-age children" is defined as any child five years of age or older who is in kindergarten or above. The act further exempts any program serving only children enrolled in sixth grade or above from certain child-care facility licensing requirements.
These provisions are identical to SCS/SB 899 (2024).
TEMPORARY CHILD CARE LICENSES (Section 210.221)
Under this act, the Department of Elementary and Secondary Education shall have the authority to grant temporary child care licenses to certain child care providers to expand an existing site or add a new location if the provider completes any required background checks and also submits an approved fire safety and an approved sanitation inspection for the expanded or new site. Temporary licenses shall be valid for a duration of 12 months or until the Department makes a final determination on full licensure. Additionally, each child care facility license shall specify its effective dates and whether it is a temporary license.
MONEY HELD BY THE CHILDREN'S DIVISION FOR THE BENEFIT OF A CHILD (Section 210.560)
Under this act, the Children's Division shall determine whether a child coming into the custody of the Division is eligible for or receiving U.S. Railroad Retirement Board, Social Security, or Veterans Administration benefits within 60 days of entering the Division's legal custody. The Division shall apply for such benefits on the child's behalf if he or she is eligible, and shall only serve as a representative payee if no other candidate is suitable.
Currently, money in the child's accounts may be used by the Children's Division to pay for care or services for the child. Under this act, such money shall not be used to pay for care or services for the child. However, U.S. Railroad Retirement Board, Social Security, or Veterans Administration benefits may be used by the Division for the child's unmet needs beyond what the Division is otherwise obligated to pay.
Finally, the accounts in which the child's benefits shall be placed shall be established in a manner consistent with federal and state asset and resource limits.
CHILD 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 of, or pled guilty to, specified offenses when a child is a victim.
This provision is identical to SB 878 (2024) and SB 213 (2023).
STATEWIDE COUNCIL AGAINST TRAFFICKING (Section 210.1505)
This act repeals provisions relating to the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children" within the Department of Social Services and creates the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" within the office of the Attorney General. The Council shall make recommendations for a coordinated statewide effort against the trafficking of adults and children within the state.
The Attorney General, or his or her designee, shall serve as chairperson of the Council and shall hold an initial meeting before October 27, 2024. Finally, this act creates the "Anti-Trafficking Fund" to provide funds for the position of the Executive Director of the Council, for education regarding human trafficking, and for anti-trafficking efforts.
This provision is identical to a provision in SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to a provision in SB 1245 (2024) and SB 1398 (2024).
MEDICATION-ASSISTED TREATMENT AND CHILD PLACEMENT (Sections 211.038 and 487.200)
Under this act, a juvenile court shall not refuse to reunify or otherwise place a child with a parent who, or in a home in which the parent or any person residing, is utilizing medication-assisted treatment for opioid or other substance misuse or dependence because of the use of such treatment or otherwise require the parent or person to cease utilizing or complete the treatment prior to reunification or placement.
Additionally, a family court shall not require a family court participant utilizing medication-assisted treatment to cease or otherwise complete treatment prior to reunification with his or her child.
These provisions are identical to SB 863 (2024).
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 SB 1133 (2024), SB 621 (2023), provisions in HCS/SS/SCS/SB 129 (2023), HB 1034 (2021), and HCS/SS/SB 198 (2023).
CHILD CUSTODY ARRANGEMENTS (Section 452.375)
This act modifies the factors a court shall consider when awarding custody to parents, including the willingness and ability of parents to cooperate in the rearing of their child; the child's physical, emotional, educational, and other needs; the mental health or substance use history experienced by either parent; the history of domestic and child abuse of any individuals involved; the distance between the residences of the parents; and the reasonable input of the child as to the child's custodian.
This provision is identical to SCS/SBs 744 & 1026 (2024) and substantially similar to provisions of the perfected SS/SCS/SB 129 (2023).
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (Sections 452.705, 452.730, 452.885, and 487.110)
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 also modifies references to the title and sections of law of Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act for the provision relating to child custody proceedings in family courts.
These provisions are identical to provisions in SCS/SB 897 (2024), HB 1660 (2024), HCS/SS/SB 198 (2023), HCS/HB 1058 (2023), and HCS/SS/SB 213 (2023).
UNIFORM CHILD ABDUCTION PREVENTION ACT (Sections 452.1100 to 452.1122)
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. An abduction prevention order may include:
(1) An imposition of travel restrictions;
(2) A prohibition on the respondent removing the child from this state, the United States, or another area without permission of the court or the petitioner's written consent, removing or retaining the child in violation of a child custody determination, removing the child from school or a child care or similar facility; or approaching the child at any location other than a supervised visitation site;
(3) A requirement to register the order in other states as a prerequisite to allowing the child to travel to those states;
(4) A direction that the child's name be placed on the U.S. Department of State's Child Passport Issuance Alert Program, a requirement that any of the child's United States or foreign passports be surrendered, and a prohibition on applying for a new or replacement passport or visa on behalf of the child;
(5) A requirement that the respondent provide to the U.S. Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child along with proof of completion of such requirements;
(6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States.
In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
(1) Limit visitation to be supervised and order the respondent to pay the costs of supervision;
(2) Require the posting of a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and
(3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
Additionally, to prevent imminent abduction of a child, a court may:
(1) Issue a warrant to take physical custody of the child;
(2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination; or
(3) Grant any other relief allowed under the law.
These provisions are identical to HB 1660 (2024) and substantially similar to provisions in SCS/SB 897 (2024).
UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT (Sections 452.1200 to 452.1258)
This act establishes the "Uniform Deployed Parents Custody and Visitation Act". This act regulates custody and visitation during the deployment of one custodial parent, including notification to the other parent of the deployment, prohibition for courts considering deployments when determining best interests of a child, temporary custody agreements during a parent's deployment, modifications of custody agreements, and termination of temporary custody agreements under this act.
These provisions are identical to HB 1494 (2024) and HB 129 (2023).
UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (Sections 453.700 to 453.742)
This act establishes the "Uniform Unregulated Child Custody Transfer Act" which specifies that a parent or guardian of a child or an individual with whom a child has been placed for adoption shall not transfer custody of the child to another person with the intent to abandon the rights and responsibilities concerning the child except through adoption or guardianship, a judicial award of custody, placement through a child-placing agency, judicial action, or through the Safe Place for Newborns Act of 2002. A violation of this provision shall be a class B misdemeanor.
If the Children's Division of the Department of Social Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation this act, the Children's Division may conduct a home visit and take appropriate action to protect the welfare of the child.
Furthermore, this act provides that a person shall not solicit or advertise to identify a person to which to make a transfer of custody in violation of this act, to identify a child for a transfer of custody in violation of this act, or to act as an intermediary in a transfer of custody in violation of this act. A violation of this provision is a class B misdemeanor.
This act additionally provides that a child-placing agency shall provide to the prospective adoptive parent, as such term is defined in the act, within a reasonable time before adoption placement, certain general adoption information described in the act and certain information that is specific to the child that is known to or reasonably obtainable by the agency and is material to the prospective adoptive parent's informed decision to adopt the child. Additionally, a child-placing agency shall provide to the prospective adoptive parent specific guidance and instruction as provided by the act regarding the child to help prepare the parent to respond effectively to needs of the child that are known to or reasonably ascertainable by the agency. Finally, on request, the child-placing agency or the Children's Division shall provide information about how to obtain financial assistance or support services to assist the child or parent to respond effectively to adjustment, behavioral health, and other challenges and to help preserve the placement or adoption.
This act further provides that law enforcement or the Children's Division can initiate investigations or proceedings to determine whether a child-placing agency has failed to comply with the provisions of this act, which can result in either law enforcement filing for injunctive relief or initiating an administrative proceeding, or the Children's Division suspending or revoking the agency's license or any other action permitted by law.
These provisions shall apply to:
(1) A transfer of custody on or after August 28, 2024;
(2) Soliciting or advertising on or after August 28, 2024;
(3) Adoption placements more than sixty days after August 28, 2024.
These provisions are substantially similar to HB 2631 (2024) and HB 2642 (2022).
"BENTLEY AND MASON'S LAW" (Section 454.1050)
This act establishes "Bentley and Mason's Law". Under this act, if a person is convicted of the offense of driving while intoxicated and such offense caused the death of a parent or guardian, such person shall pay, pursuant to a court order, a monthly restitution to the child of the deceased parent or guardian until the child reaches 18 years of age.
Monthly restitution shall be determined and remitted as specified in the act. If the person ordered to pay restitution is unable to make required monthly payments because such person is imprisoned or otherwise confined, then the person shall begin making the payments no later than the first anniversary of the date of his or her release from the correctional facility and shall pay all arrearages, regardless of whether the payments were due to be terminated while the person was imprisoned or otherwise confined.
The amount of restitution paid under this act shall be deducted from any civil judgment against the defendant.
The Attorney General or a person, parent, or guardian of a child due restitution under this act may enforce a restitution order issued in the same manner as a judgment in a civil action.
This provision is identical to SB 1374 (2024) and similar to HB 1958 (2024) and HB 1954 (2022).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (Sections 455.010, 455.035, and 455.513)
This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.
These provisions are identical to provisions in SCS/SB 897 (2024), HCS#2/HB 1886 (2024), HB 2437 (2024), CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), HB 981 (2023), SCS/HCS/HBs 994, 52 & 984 (2023), and HCS/HB 1559 (2022).
ADMISSIBILITY OF CERTAIN EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are substantially similar to provisions in SB 905 (2024), the perfected HCS/HB 454 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
PRETRIAL WITNESS PROTECTION PROGRAM (Section 491.641)
Under current law, any law enforcement agency may use funds from the "Pretrial Witness Protection Services Fund" to provide for the security of witnesses and immediate family members during criminal proceedings. This act adds that prosecuting and circuit attorney offices may also use such funds.
This act also repeals certain application requirements for reimbursement of costs for witness protection and provides that law enforcement agencies and prosecuting and circuit attorney offices shall submit an application to the Department of Public Safety.
This provision is substantially similar to SCS/SB 1266 (2024).
OFFENSES OF ENTICEMENT OF A CHILD & PATRONIZING PROSTITUTION (Sections 566.151 and 567.030)
Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.
Additionally, this act modifies the offense of patronizing prostitution. Currently, the offense is a class B misdemeanor, unless the person patronized for prostitution is older than 14 but less than 17, in which case the offense is a class E felony. This act changes the offense to a class E felony and a class D felony if the person patronized is older than 15 but less than 17. Currently, the offense is a class D felony when the person patronized is 14 years old or younger. This act changes this to a class B felony if the person patronized is 15 years old or younger.
These provisions are identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024), SB 906 (2024), SB 1398 (2024), HCS/HB 454 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).
RESTITUTION FOR HUMAN TRAFFICKING OFFENSES (Section 589.700)
This act provides that the court shall award restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty to or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate $10,000 per each victim of an offense that occurred in the county toward local rehabilitation services for victims of human trafficking and $2,500 toward local efforts to prevent human trafficking.
This provision is identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024) and SB 1398 (2024) and similar to a provision in SB 906 (2024).
SARAH HASKINS