HOUSE BILL NO. 1227 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SCHMIDT.
2395H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 210.110, RSMo, and to enact in lieu thereof one new section relating to health screenings upon a child's entry into custody.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.110, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 210.110, to read as follows: 210.110. As used in sections 210.109 to 210.165, and sections 210.180 to 210.183, 2 the following terms mean: 3 (1) "Abuse", any physical injury, sexual abuse, or emotional abuse inflicted on a child 4 other than by accidental means by those responsible for the child's care, custody, and control, 5 except that discipline including spanking, administered in a reasonable manner, shall not be 6 construed to be abuse. Victims of abuse shall also include any victims of sex trafficking or 7 severe forms of trafficking as those terms are defined in [22 U.S.C. 78 Section 7102(9)-(10)] 8 22 U.S.C. Section 7102, as amended; 9 (2) "Assessment and treatment services for children", an approach to be developed by 10 the children's division which will recognize and treat the specific needs of at-risk and abused 11 or neglected children. The developmental and medical assessment may be a broad physical, 12 developmental, and mental health screening [to be completed within thirty days of a child's 13 entry into custody and] that shall be in accordance with the time frames set forth under 14 paragraphs (a) and (b) of this subdivision and the periodicity schedule set forth by the 15 American Academy of Pediatrics thereafter as long as the child remains in care. Screenings 16 may be offered at a centralized location and shall include, at a minimum, the following:
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 1227 2
17 (a) Within seventy-two hours upon entry into custody, a complete physical to be 18 performed by a pediatrician familiar with the effects of abuse [and] or neglect on young 19 children. The pediatrician who performs the physical under this paragraph shall also 20 request the child's past medical records, and a foster family of the child shall have 21 access to all medical records under this paragraph. Any person receiving such request 22 shall fulfill the request within thirty days; and 23 (b) Within thirty days of the physical under paragraph (a) of this subdivision, a 24 developmental, behavioral, and emotional screening in addition to early periodic screening, 25 diagnosis, and treatment services, including a core set of standardized and recognized 26 instruments as well as interviews with the child and appropriate caregivers. The screening 27 battery may be performed by a licensed mental health professional familiar with the effects of 28 abuse [and] or neglect on young children or a primary care physician using a standardized 29 assessment tool, who will then serve as the liaison between all service providers in ensuring 30 that needed services are provided. Such treatment services may include in-home services, 31 out-of-home placement, intensive twenty-four-hour treatment services, family counseling, 32 parenting training and other best practices. 33 34 Children whose screenings indicate an area of concern may complete a comprehensive, in- 35 depth health, psychodiagnostic, or developmental assessment within sixty days of entry into 36 custody; 37 (3) "Central registry", a registry of persons where the division has found probable 38 cause to believe prior to August 28, 2004, or by a preponderance of the evidence after August 39 28, 2004, or a court has substantiated through court adjudication that the individual has 40 committed child abuse or neglect or the person has pled guilty or has been found guilty of a 41 crime pursuant to section 565.020, 565.021, 565.023, 565.024, 565.050, 566.030, 566.060, or 42 567.050 if the victim is a child less than eighteen years of age, or any other crime pursuant to 43 chapter 566 if the victim is a child less than eighteen years of age and the perpetrator is 44 twenty-one years of age or older, a crime under section 568.020, 568.030, 568.045, 568.050, 45 568.060, 568.080, 568.090, 573.023, 573.025, 573.035, 573.037, 573.040, 573.200, or 46 573.205, or an attempt to commit any such crimes. Any persons placed on the registry prior 47 to August 28, 2004, shall remain on the registry for the duration of time required by section 48 210.152; 49 (4) "Child", any person, regardless of physical or mental condition, under eighteen 50 years of age; 51 (5) "Children's services providers and agencies", any public, quasi-public, or private 52 entity with the appropriate and relevant training and expertise in delivering services to 53 children and their families as determined by the children's division, and capable of providing HB 1227 3
54 direct services and other family services for children in the custody of the children's division 55 or any such entities or agencies that are receiving state moneys for such services; 56 (6) "Director", the director of the Missouri children's division within the department 57 of social services; 58 (7) "Division", the Missouri children's division within the department of social 59 services; 60 (8) "Family assessment and services", an approach to be developed by the children's 61 division which will provide for a prompt assessment of a child who has been reported to the 62 division as a victim of abuse or neglect by a person responsible for that child's care, custody 63 or control and of that child's family, including risk of abuse and neglect and, if necessary, the 64 provision of community-based services to reduce the risk and support the family; 65 (9) "Family support team meeting" or "team meeting", a meeting convened by the 66 division or children's services provider in behalf of the family and/or child for the purpose of 67 determining service and treatment needs, determining the need for placement and developing 68 a plan for reunification or other permanency options, determining the appropriate placement 69 of the child, evaluating case progress, and establishing and revising the case plan; 70 (10) "Investigation", the collection of physical and [verbal] oral evidence to 71 determine if a child has been abused or neglected; 72 (11) "Jail or detention center personnel", employees and volunteers working in any 73 premises or institution where incarceration, evaluation, care, treatment or rehabilitation is 74 provided to persons who are being held under custody of the law; 75 (12) "Neglect", failure to provide, by those responsible for the care, custody, and 76 control of the child, the proper or necessary support, education as required by law, nutrition or 77 medical, surgical, or any other care necessary for the child's well-being. Victims of neglect 78 shall also include any victims of sex trafficking or severe forms of trafficking as those terms 79 are defined in [22 U.S.C. 78 Section 7102(9)-(10)] 22 U.S.C. Section 7102, as amended; 80 (13) "Preponderance of the evidence", that degree of evidence that is of greater 81 weight or more convincing than the evidence which is offered in opposition to it or evidence 82 which as a whole shows the fact to be proved to be more probable than not; 83 (14) "Probable cause", available facts when viewed in the light of surrounding 84 circumstances which would cause a reasonable person to believe a child was abused or 85 neglected; 86 (15) "Report", the communication of an allegation of child abuse or neglect to the 87 division pursuant to section 210.115; 88 (16) "Those responsible for the care, custody, and control of the child", includes, but 89 is not limited to: 90 (a) The parents or legal guardians of a child; HB 1227 4
91 (b) Other members of the child's household; 92 (c) Those exercising supervision over a child for any part of a twenty-four-hour day; 93 (d) Any adult person who has access to the child based on relationship to the parents 94 of the child or members of the child's household or the family; 95 (e) Any person who takes control of the child by deception, force, or coercion; or 96 (f) School personnel, contractors, and volunteers, if the relationship with the child 97 was established through the school or through school-related activities, even if the alleged 98 abuse or neglect occurred outside of school hours or off school grounds. ✔
Statutes affected: