HOUSE BILL NO. 481 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HAUSMAN.
0166H.02I DANA RADEMAN MILLER, Chief Clerk
AN ACT To repeal sections 452.705, 452.730, 452.885, and 487.110, RSMo, and to enact in lieu thereof thirty-seven new sections relating to the protection of children, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 452.705, 452.730, 452.885, and 487.110, RSMo, are repealed and 2 thirty-seven new sections enacted in lieu thereof, to be known as sections 452.705, 452.730, 3 452.885, 452.1100, 452.1102, 452.1104, 452.1106, 452.1108, 452.1110, 452.1112, 452.1114, 4 452.1118, 452.1120, 452.1122, 453.700, 453.702, 453.704, 453.706, 453.708, 453.710, 5 453.712, 453.714, 453.716, 453.718, 453.720, 453.722, 453.724, 453.726, 453.728, 453.730, 6 453.732, 453.734, 453.736, 453.738, 453.740, 453.742, and 487.110, to read as follows: 452.705. As used in sections 452.700 to 452.930: 2 (1) "Abandoned" means left without provision for reasonable and necessary care or 3 supervision; 4 (2) "Child" means an individual who has not attained eighteen years of age; 5 (3) "Child custody determination" means a judgment, decree, or other order of a court 6 providing for the legal custody, physical custody, or visitation with respect to a child. The 7 term includes a permanent, temporary, initial, or modification order. The term shall not 8 include an order relating to child support or other monetary obligation of an individual; 9 (4) "Child custody proceeding" means a proceeding in which legal custody, physical 10 custody, or visitation with respect to a child is an issue. The term includes a proceeding for 11 divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of 12 parental rights, and protection from domestic violence in which the issue may appear. The
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 481 2
13 term shall not include a proceeding involving juvenile delinquency, contractual emancipation, 14 or enforcement under sections 452.850 to 452.915; 15 (5) "Commencement" means the filing of the first pleading in a proceeding; 16 (6) "Court" means an entity authorized under the law of a state to establish, enforce, 17 or modify a child custody determination; 18 (7) "Decree" or "custody decree" means a custody determination contained in a 19 judicial decree or order made in a custody proceeding, and includes an initial decree and a 20 modification decree; 21 (8) "Home state" means the state in which a child has lived with a parent or a person 22 acting as a parent for at least six consecutive months immediately prior to the commencement 23 of a child custody proceeding. In the case of a child less than six months of age, the term 24 means the state in which the child has lived from birth with any of the persons mentioned. A 25 period of temporary absence of any of the mentioned persons is part of such period; 26 (9) "Initial determination" means the first child custody determination concerning a 27 particular child; 28 (10) "Issuing court" means the court making a child custody determination for which 29 enforcement is sought under sections 452.700 to 452.930; 30 (11) "Issuing state" means the state in which a child custody determination is made; 31 (12) "Litigant" means a person, including a parent, grandparent, or stepparent, who 32 claims a right to custody or visitation with respect to a child; 33 (13) "Modification" means a child custody determination that changes, replaces, 34 supersedes or is otherwise made after a previous determination concerning the same child, 35 whether or not it is made by the court that made the previous determination; 36 (14) "Person" includes government, a governmental subdivision, agency or 37 instrumentality, or any other legal or commercial entity; 38 (15) "Person acting as a parent" means a person, other than a parent, who: 39 (a) Has physical custody of the child or has had physical custody for a period of six 40 consecutive months, including any temporary absence, within one year immediately prior to 41 the commencement of a child custody proceeding; and 42 (b) Has been awarded legal custody by a court or claims a right to legal custody under 43 the law of this state; 44 (16) "Physical custody" means the physical care and supervision of a child; 45 (17) "State" means a state of the United States, the District of Columbia, Puerto Rico, 46 the United States Virgin Islands, or any territory or insular possession subject to the 47 jurisdiction of the United States; 48 (18) "Warrant" means an order issued by a court authorizing law enforcement officers 49 to take physical custody of a child; HB 481 3
50 (19) "Wrongful removal" means the taking of a child that breaches rights of 51 custody or visitation given or recognized under the laws of this state. 452.730. 1. A court of this state may communicate with a court in another state 2 concerning a proceeding arising under sections 452.700 to 452.930 or arising under sections 3 452.1100 to 452.1122. 4 2. The court may allow the parties to participate in the communication. If the parties 5 are not able to participate in the communication, the parties shall be given the opportunity to 6 present facts and legal arguments before a decision on jurisdiction is made. 7 3. A communication between courts on schedules, calendars, court records, and 8 similar matters may occur without informing the parties. A record need not be made of such 9 communication. 10 4. Except as provided in subsection 3 of this section, a record shall be made of the 11 communication. The parties shall be informed promptly of the communication and granted 12 access to the record. 13 5. For the purposes of this section, "record" means information that is inscribed on a 14 tangible medium, or that which is stored in an electronic or other medium and is retrievable in 15 perceivable form. A record includes notes or transcripts of a court reporter who listened to a 16 conference call between the courts, an electronic recording of a telephone call, a 17 memorandum or an electronic record of the communication between the courts, or a 18 memorandum or an electronic record made by a court after the communication. 452.885. 1. (1) Upon the filing of a petition seeking enforcement of a child custody 2 determination[, the petitioner may file] with a verified application for the issuance of a 3 warrant to take physical custody of the child or upon the filing of a petition under sections 4 452.1100 to 452.1122, the court may issue an ex parte warrant to take physical custody 5 of the child if the court finds, upon review of the petition or verified application or upon 6 the testimony of the petitioner or other witnesses, that the child is likely to suffer serious 7 imminent physical harm or there is a credible risk that the child is imminently likely to 8 suffer wrongful removal [from this state]. 9 (2) Prior to issuing a warrant in response to a petition filed under sections 10 452.1100 to 452.1122 and before determining the placement of the child after the 11 warrant is executed, the court may order a search of the relevant databases of the 12 National Crime Information Center system and similar state databases to determine if 13 the petitioner or respondent has a history of domestic violence, stalking, or child abuse 14 or neglect. 15 2. [If the court, upon the testimony of the petitioner or other witnesses, finds that the 16 child is likely to suffer serious imminent physical harm or be imminently removed from this 17 state, the court may issue a warrant to take physical custody of the child. The petition shall be HB 481 4
18 heard on the next judicial day after the warrant is executed. The warrant shall include the 19 statements required under subsection 2 of section 452.870. 20 3.] A warrant to take physical custody of a child shall: 21 (1) Recite the facts upon which a [conclusion] determination of serious imminent 22 physical harm or a credible risk of imminent wrongful removal from the jurisdiction is 23 based; 24 (2) Direct law enforcement officers to take physical custody of the child immediately; 25 [and] 26 (3) State the date and time for the hearing on the petition; 27 (4) Provide for the safe interim placement of the child pending further order of the 28 court or final relief; and 29 (5) Include the statements required under subsection 2 of section 452.870 if a 30 warrant is issued in response to a petition seeking enforcement of a child custody 31 determination. 32 [4.] 3. The respondent shall be served with the petition, warrant and order 33 immediately after the child is taken into physical custody. 34 4. The respondent shall be afforded an opportunity to be heard at the earliest 35 possible time after the ex parte warrant is executed but no later than the next judicial 36 day unless a hearing on that date is impossible. In that event, the court shall hold the 37 hearing on the first judicial day possible. 38 5. If the court finds, after a hearing, that a petitioner sought a warrant under 39 subsection 1 of this section for the purpose of harassment or in bad faith, the court may 40 award the respondent reasonable attorney's fees, costs, and expenses. 41 [5.] 6. A warrant to take physical custody of a child is enforceable throughout this 42 state. If the court finds on the basis of the testimony of the petitioner or other witness that a 43 less intrusive remedy is not effective, the court may authorize law enforcement officers to 44 enter private property to take physical custody of the child. If required by the exigency of the 45 case, the court may authorize law enforcement officers to make a forcible entry at any hour. 46 [6.] 7. The court may impose conditions on the placement of a child to ensure the 47 appearance of the child and the child's custodian. 48 8. This section does not affect the availability of relief allowed under the laws of 49 this state other than sections 452.700 to 452.930 and sections 452.1100 to 452.1122. 452.1100. Sections 452.1100 to 452.1122 may be cited as the "Uniform Child 2 Abduction Prevention Act". 452.1102. In sections 452.1100 to 452.1122: 2 (1) "Abduction" means the wrongful removal or wrongful retention of a child; HB 481 5
3 (2) "Child" means an unemancipated individual who is less than eighteen years 4 of age; 5 (3) "Child abduction prevention measures" means measures and conditions that 6 are reasonably calculated to prevent the abduction of a child, including provisions of 7 subsections 3, 4, and 5 of section 452.1114, and other measures that the court deems 8 appropriate to prevent the abduction of a child; 9 (4) "Child-custody determination" means a judgment, decree, or other order of 10 a court providing for the legal custody, physical custody, or visitation with respect to a 11 child. The term includes a permanent, temporary, initial, and modification order; 12 (5) "Child custody proceeding" means a proceeding in which legal custody, 13 physical custody, or visitation with respect to a child is at issue. The term includes a 14 proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, 15 guardianship, paternity, termination of parental rights, or protection from domestic 16 violence; 17 (6) "Court" means an entity authorized under the law of a state to establish, 18 enforce, or modify a child-custody determination; 19 (7) "Petition" includes a motion or its equivalent; 20 (8) "Record" means information that is inscribed on a tangible medium or that 21 is stored in an electronic or other medium and is retrievable in perceivable form; 22 (9) "State" means a state of the United States, the District of Columbia, Puerto 23 Rico, the United States Virgin Islands, or any territory or insular possession subject to 24 the jurisdiction of the United States. The term includes a federally recognized Indian 25 tribe or nation; 26 (10) "Travel document" means records relating to a travel itinerary, including 27 travel tickets, passes, reservations for transportation, or accommodations. The term 28 does not include a passport or visa; 29 (11) "Warrant" means an order issued by a court authorizing law enforcement 30 officers to take physical custody of a child; 31 (12) "Wrongful removal" means the taking of a child that breaches rights of 32 custody or visitation given or recognized under the law of this state; 33 (13) "Wrongful retention" means the keeping or concealing of a child that 34 breaches rights of custody or visitation given or recognized under the law of this state. 452.1104. Sections 452.730, 452.735, and 452.820 of the uniform child custody 2 jurisdiction and enforcement act apply to cooperation and communications among 3 courts in proceedings under sections 452.1100 to 452.1122. HB 481 6
452.1106. 1. A court on its own motion may order abduction prevention 2 measures in a child custody proceeding if the court finds that the evidence establishes a 3 credible risk of abduction of the child. 4 2. A party to a child custody determination or another individual or entity 5 having a right under the law of this state or any other state to seek a child custody 6 determination for the child may file a petition seeking abduction prevention measures to 7 protect the child under sections 452.1100 to 452.1122. 8 3. A prosecutor or public authority designated under section 452.910 may seek a 9 warrant to take physical custody of a child under section 452.885 or other appropriate 10 prevention measures. 452.1108. 1. A petition under sections 452.1100 to 452.1122 may be filed only in a 2 court that has jurisdiction to make a child custody determination with respect to the 3 child at issue under sections 452.700 to 452.930. 4 2. A court of this state has temporary emergency jurisdiction under section 5 452.755 if the court finds a credible risk of abduction. 452.1110. A petition under sections 452.1100 to 452.1122 must be verified and 2 include a copy of any existing child custody determination, if available. The petition 3 must specify the risk factors for abduction, including the relevant factors described in 4 section 452.1112. Subject to subsection 5 of section 452.780, if reasonably ascertainable, 5 the petition must contain: 6 (1) The name, date of birth, and sex of the child; 7 (2) The customary address and current physical location of the child; 8 (3) The identity, customary address, and current physical location of the 9 respondent; 10 (4) A statement of whether a prior action to prevent abduction or domestic 11 violence has been filed by a party or other individual or entity having custody of the 12 child, and the date, location, and disposition of the action; 13 (5) A statement of whether a party to the proceeding has been arrested for a 14 crime related to domestic violence, stalking, or child abuse or neglect, and the date, 15 location, and disposition of the case; and 16 (6) Any other information required to be submitted to the court for a child 17 custody determination under section 452.780. 452.1112. 1. In determining whether there is a credible risk of abduction of a 2 child, the court shall consider any evidence that the petitioner or respondent: 3 (1) Has previously abducted or attempted to abduct the child; 4 (2) Has threatened to abduct the child; HB 481 7
5 (3) Has recently engaged in activities that may indicate a planned abduction, 6 including: 7 (a) Abandoning employment; 8 (b) Selling a primary residence; 9 (c) Terminating a lease; 10 (d) Closing bank or other financial management accounts, liquidating assets, 11 hiding or destroying financial documents, or conducting any unusual financial 12 activities; 13 (e) Applying for a passport or visa or obtaining travel documents for the 14 respondent, a family member, or the child; or 15 (f) Seeking to obtain the child's birth certificate or school or medical records; 16 (4) Has engaged in domestic violence, stalking, or child abuse or neglect; 17 (5) Has refused to follow a child custody determination; 18 (6) Lacks strong familial, financial, emotional, or cultural ties to the state or the 19 United States; 20 (7) Has strong familial, financial, emotional, or cultural ties to another state or 21 country; 22 (8) Is likely to take the child to a country that: 23 (a) Is not a party to the Hague Convention on the Civil Aspects of International 24 Child Abduction and does not provide for the extradition of an abducting parent or for 25 the return of an abducted child; 26 (b) Is a party to the Hague Convention on the Civil Aspects of International 27 Child Abduction but: 28 a. The Hague Convention on the Civil Aspects of International Child Abduction 29 is not in force between the United States and that country; 30 b. Is noncompliant according to the most recent compliance report issued by the 31 United States Department of State; or 32 c. Lacks legal mechanisms for immediately and effectively enforcing a return 33 order under the Hague Convention on the Civil Aspects of International Child 34 Abduction; 35 (c) Poses a risk that the child's physical or emotional health or safety would be 36 endangered in the country because of specific circumstances relating to the child or 37 because of human rights violations committed against children; 38 (d) Has laws or practices that would: 39 a. Enable the respondent, without due cause, to prevent the petitioner from 40 contacting the child; HB 481 8
41 b. Restrict the petitioner from freely traveling to or exiting from the country 42 because of the petitioner’s sex, nationality, marital status, or religion; or 43 c. Restrict the child's ability legally to leave the country after the child reaches 44 the age of majority because of a child's sex, nationality, or religion; 45 (e) Is included by the United States Department of State on a current list of state 46 sponsors of terrorism; 47 (f) Does not have an official United States diplomatic presence in the cou