HCS/SCS/SB 758 - This act modifies provisions relating to children. JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT (Section 21.771) This act establishes the Joint Committee on Child Abuse and Neglect which shall be composed of seven members of the House of Representatives appointed by the Speaker and Minority Floor Leader and seven members of the Senate appointed by the President Pro Tem and the Minority Floor Leader. No party may be represented by more than four members of the Senate and four members of the House of Representatives. The Committee will expire on January 15, 2018. Among other duties, the Joint Committee is required to: (1) Study and analyze the state child abuse and neglect reporting and investigation system; (2) Devise a plan for improving the decision process for removal of a child from a home; (3) Determine the additional personnel and resources necessary to adequately protect children and improve their welfare; and (4) Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state. This provision is identical to provisions in HCS/SB 628 (2012); HCS/SB 636 (2012); HB 1842(2012); and HCS/HB 1256 (2012). CHILDREN IN CRISIS TAX CREDIT (Section 135.327) The Children in Crisis Tax Credit program currently provides an income tax credit for contributions to child advocacy centers, crisis care centers, and entities that receive funding from the Court-Appointed Special Advocate Fund. This act extends the sunset on this tax credit program from August 28, 2012 to December 31, 2016. This provision is similar to SB 471 (2012); SS/SCS/SB 548 (2012); SCS/HCS/HBs 1258 & 1152 (2012); HB 1993 (2012). EDUCATIONAL RIGHTS OF FOSTER CARE STUDENTS (Section 160.1990) This act requires the Department of Elementary and Secondary Education to ensure that school districts implement specific criteria relating to the enrollment of foster care children. School districts will be required to: facilitate the timely enrollment of foster care children; facilitate the student placement process so that foster care children are not disadvantaged by variations between school districts; facilitate the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities; facilitate the on-time graduation of foster care children; provide for uniform collection and sharing of information between and among schools, foster care children, and families; and promote flexibility and cooperation between the educational system, foster parents, and the student to achieve educational success for the student. When a foster care student transfers before or during the school year, the receiving school district must initially honor the placement of the student in educational courses based on the student's enrollment or assessments conducted in the sending district. The receiving district may perform subsequent evaluations to ensure appropriate placement. The receiving district must initially provide comparable services to a foster care student with disabilities based on his or her current IEP and provide accommodations under section 504 of the Rehabilitation Act. The receiving district may conduct subsequent evaluations to ensure appropriate placement. Schools must waive specific courses required for graduation if similar course work has been satisfactorily completed in another school or provide reasonable justification for denial of a waiver. If the school district does not grant a waiver, it must provide an alternative means of acquiring required course work so graduation may occur on time. Receiving schools must accept end-of-course exams required for graduation from the sending school, national norm-referenced achievement tests, or alternative testing in lieu of testing requirements for graduation. If a foster care student transfers at the beginning or during the senior and is ineligible to graduate from the receiving school, the sending and receiving school must grant a diploma to the student from the sending school, provided the student meets the sending school's graduation requirements. This section is identical to HB 1577 (2012) and SB 342 (2011). HOTLINE CALLS AND INVESTIGATIONS (Section 210.135, Section 210.145.4 and 6) In a case involving the death or serious injury of a child after a report has been made, the Children's Division shall conduct a preliminary evaluation in order to determine whether a review of the ability of the circuit manager or case worker or workers to perform their duties competently is necessary. Any preliminary evaluation shall be completed no later than three days after the child's death. If the division determines a review and assessment is necessary, it shall be completed no later than three days after the child's death. The Children's Division is also required to review a case when three or more calls regarding the same child are made to the hotline within a 72-hour time period to determine if the calls meet the criteria and statutory definition for a child abuse and neglect report to be accepted. The review shall include contacting the hotline caller or callers to collect information if the calls meet the criteria for harassment. A hotline worker is required to instruct an individual making a hotline call to call 911 when a child may be in immediate danger. (Section 210.145.4 and 6) These provisions are identical to provisions in SCS/HCS#2/HB 1323 (2012) and substantially similar to HCS/HB 143 (2011). HOME VISITS (Section 210.145.6) Division workers responding to a child abuse and neglect investigation are prohibited from calling prior to a home visit or leaving a business card, pamphlet, or other similar identifying information at a residence if the worker has a reasonable basis to believe (1) no person is present at the time of home visit and the alleged perpetrator resides in the home or the child's safety may be compromised if the alleged perpetrator becomes aware of the visit; (2) the alleged perpetrator becomes aware of the attempted visit; or (3) the family has a history of domestic violence or fleeing the community. If the alleged perpetrator is present during the visit, a division worker responding to or investigating a child abuse and neglect report shall provide written material to the alleged perpetrator informing the person of his or her rights regarding the visit, including the right to contact an attorney. The alleged perpetrator shall be given a reasonable amount of time, not to exceed five minutes, to read the material or have the material read to him or her before the visit commences. This requirement shall not apply in a case where the child faces an immediate threat or danger or if the person responding to or investigating a report feels threatened or in danger or physical harm. These provisions are identical to provisions in SCS/HCS#2/HB 1323 (2012) and substantially similar to HCS/HB 143 (2011). SAFE PLACE FOR NEWBORNS (Section 210.950 and 211.444) Under current law, a parent will not be prosecuted for the abandonment of a child up to 5 days old and a parent will have an affirmative defense to prosecution for the abandonment of a child no more than one year old if he or she leaves the child in the custody of a medical facility staff member, provider or volunteer, a firefighter or emergency medical technician or with a law enforcement officer. This act increases that time period to up to 45 days after birth and adds maternity homes and pregnancy resource centers as permissible places to relinquish the child. No parent voluntarily relinquishing a child will be required to release any identifying information about the child or parent. No officer, employee, or agent of this state or any political subdivision can attempt to locate or determine the identity of a parent or disclose identifying information except in certain cases. JUVENILE COURT (Section 211.031) Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances. This provision is substantially similar to a provision in HCS/HB 1171 (2012); HCS/HB 1256 (2012); HCS/SB 628 (2012) and HCS/SB 636 (2012). CUSTODY OF RELEASED CHILD MAY BE RETURNED TO CHILDREN'S DIVISION (Section 211.036) Current law allows for the custody of a child under the age of 18 to be returned to the Children's Division within the Department of Social Services if the juvenile officer, Children's Division or the child petitions the court to do so. This act changes the age to under 21 years of age. VOLUNTARY CONSENT TO TERMINATION OF PARENTAL RIGHTS (Section 211.444) If a parent relinquishes a child under the Safe Place for Newborn provision, it shall be considered a voluntary consent of his or her rights to a termination of parental rights. OPPORTUNITIES FOR FOSTER CARE CHILDREN (Section 453.350) Beginning July 1, 2012, children older than 15 years of age who are in the foster care system or the Division of Youth Services program within the Children's Division of the Department of Social Services shall receive a visit to a state university or community or technical college in Missouri before being adopted or terminated by foster care or completing the division's custody or training. The visit shall include an entry application process, financial support application and availability, career options with academic or technical training, a campus tour, and other information and experience desired by the child. This provision is identical to HB 1267 (2012). ADRIANE CROUSE HA 1 - ESTABLISHES "SAM PRATT'S LAW" REGARDING CONDITION OF RELEASE IN CRIMINAL CASES INVOLVING ABUSE, NEGLECT OR DEATH OF A CHILD. HA 2 - REQUIRES THE CHILD TO BE ADOPTED TO HAVE RESIDED IN THE COUNTY FOR AT LEAST 90 DAYS PRIOR TO THE FILING OF THE ADOPTION PETITION. HA 3 - EXTENDS THE SUNSET DATE FOR THE PREGNANCY RESOURCE TAX CREDIT TO DECEMBER 31, 2013. HA 4 - TECHNICAL CORRECTIONS TO THE SAFE PLACE FOR NEWBORN PROVISIONS. HA 5 - PROHIBITS TANF RECIPIENTS TO USE PUBLIC ASSISTANCE CASH BENEFITS IN GAMBLING, LIQUOR STORES, OR IN ADULT ORIENTED ESTABLISHMENTS. HA 6 - ADDS PROVISIONS REGARDING SPECIALIZED EDUCATIONAL INSTRUCTION PROGRAMS FOR A CHILD WHO IS DEAF OR HARD OF HEARING. HA 7, AS AMENDED - ESTABLISHES THE MISSOURI JOBS FOR EDUCATION PROGRAM AND WELL AS A PROVISION REGARDING EXEMPTIONS FROM CERTAIN ASSESSMENTS AND PAYMENTS IN ENTERPRISE ZONES. HA 8- CHANGES THE LAWS REGARDING ARREARAGES AND THE EXPUNGEMENT OF CERTAIN RECORDS RELATED TO CRIMINAL NONSUPPORT.