COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 3212-04
Bill No.: Perfected SCS #2 for SB 762
Subject: Children and Minors; Family Services Division; Guardians; Social Services Department
Type: Corrected
Date: March 17, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Public Safety - Missouri State Highway Patrol assume this proposal would not fiscally impact their agency.
Officials from the Office of State Courts Administrator assume there would be no fiscal impact to the courts as a result of this proposal.
Department of Health and Senior Services assume this proposal would not fiscally impact their agency.
Secretary of State (SOS) did not respond to our fiscal note request. In a similar proposal the SOS stated this proposal modifies the law relating to foster care and children's protective services. This will result in the Division of Family Services promulgating rules which would be published in the Missouri Register and the Code of State Regulations. Based on experience with other divisions, the rules, regulations and forms issued by the Division of Family Services could require as many as 230 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in Code. These costs are estimated. The ASSUMPTION (continued)
estimated cost of a page in the Missouri Register is $23. The estimated cost of a page in the Code is $27. The actual cost could be more or less than the numbers given. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, rescinded or withdrawn. SOS estimates the cost for FY 05 to be $14,145.
Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.
Officials from the Department of Social Services (DOS) assume team meetings will be held within 72 hours within a child being placed in custody in which there would be no fiscal impact. However if any action is interpreted to mean any change in the child's circumstance while in custody, CD would need more frequent meetings in which there would be a cost. DOS also points out that not all county courts are automated and assumes the county courts will not charge DOS for obtaining full orders of protection.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal modifies various provisions of the law relating to foster care and protective services for children.
SECTION 210.487 - The Children's Division will have the authority to conduct a search for full orders of protection using the automated court information system.
DESCRIPTION (continued)
SECTION 210.542 - The Division shall provide standards and training for the licensing of prospective foster parents. The Division shall provide performance-based criteria for the evaluation of licensed foster parents.
SECTION 210.565 - The age of the child's relative shall not be the only factor that the Division takes into consideration when making placement decisions and recommendations to the court regarding the placement of the child with that relative. The Division must adhere to the Indian Child Welfare Act (25 U.S.C. 1915) when placing a Native American child in protective custody.
SECTION 210.760 - The Division must notify the child's parent or legal guardian that the child has been placed in foster care.
SECTION 210.762 - Prior to taking any action relating to the placement of a child, the Children's Division must arrange a team meeting. However in instances where the welfare of a child requires immediate or emergency placement, the Division may temporarily place a child in protective custody, but they must schedule a team meeting within seventy-two hours of the temporary placement.
The parent or legal guardian, the guardian ad litem, the juvenile officer, the Children's Division caseworker, the court-appointed- special-advocate, and any designee of the parent that has written authorization shall be notified and invited to participate in all team meetings. Team meetings may include any other persons who can assist the team in making the appropriate decisions on behalf of the child. At the conclusion of the meeting, all parties must sign a form provided by the Division that states that they are aware of the team's decision. Any dissenting views will be noted on the form and included in the child's case records.
SECTION 210.764 - The case records of a child in protective custody will be available for review by the parent or legal guardian of the child.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Public Safety -
Missouri State Highway Patrol
Department of Health and Senior Services
Office of State Courts Administrator
Department of Social Services
NOT RESPONDING: Secretary of State
Mickey Wilson, CPA
Director
March 17, 2004