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 truly agreed to and finally passed 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 SS#2/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 provisions in the truly agreed to and finally passed SS/SB 1111 (2024) and 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.

This provision is substantially similar to a provision in SS#2/SCS/SB 811 (2024).

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.

This provision is substantially similar to a provision in HCS/HB 2227 (2024).

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 provisions in HCS/HB 2227 (2024), 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 provisions in the perfected SS/SCS/SBs 767 & 1342 (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 d