HOUSE BILL NO. 1298 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JONES (88).
2776H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 192.2405 and 210.115, RSMo, and to enact in lieu thereof six new sections relating to reporting of abuse and neglect, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 192.2405 and 210.115, RSMo, are repealed and six new sections 2 enacted in lieu thereof, to be known as sections 192.2405, 192.2510, 210.115, 210.191, 3 273.410, and 273.415, to read as follows: 192.2405. 1. The following persons shall be required to immediately report or cause 2 a report to be made to the department under sections 192.2400 to 192.2470: 3 (1) Any person having reasonable cause to suspect that an eligible adult presents a 4 likelihood of suffering serious physical harm, or bullying as defined in subdivision (2) of 5 section 192.2400, and is in need of protective services; and 6 (2) Any adult day care worker, chiropractor, Christian Science practitioner, coroner, 7 dentist, embalmer, employee of the departments of social services, mental health, or health 8 and senior services, employee of a local area agency on aging or an organized area agency on 9 aging program, emergency medical technician, firefighter, first responder, funeral director, 10 home health agency, home health agency employee, hospital and clinic personnel engaged in 11 the care or treatment of others, in-home services owner or provider, in-home services operator 12 or employee, law enforcement officer, long-term care facility administrator or employee, 13 medical examiner, medical resident or intern, mental health professional, minister, nurse, 14 nurse practitioner, optometrist, other health practitioner, peace officer, pharmacist, physical 15 therapist, physician, physician's assistant, podiatrist, probation or parole officer, psychologist, 16 social worker, animal control officer, animal humane investigator as defined in section
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 1298 2
17 273.415, or other person with the responsibility for the care of an eligible adult who has 18 reasonable cause to suspect that the eligible adult has been subjected to abuse or neglect or 19 observes the eligible adult being subjected to conditions or circumstances which would 20 reasonably result in abuse or neglect. Notwithstanding any other provision of this section, a 21 duly ordained minister, clergy, religious worker, or Christian Science practitioner while 22 functioning in his or her ministerial capacity shall not be required to report concerning a 23 privileged communication made to him or her in his or her professional capacity. 24 2. Any other person who becomes aware of circumstances that may reasonably be 25 expected to be the result of, or result in, abuse or neglect of an eligible adult may report to the 26 department. 27 3. The penalty for failing to report as required under subdivision (2) of subsection 1 28 of this section is provided under section 565.188. 29 4. As used in this section, "first responder" means any person trained and authorized 30 by law or rule to render emergency medical assistance or treatment. Such persons may 31 include, but shall not be limited to, emergency first responders, police officers, sheriffs, 32 deputy sheriffs, firefighters, or emergency medical technicians. 192.2510. 1. All persons providing protective services to eligible adults, as such 2 terms are defined in section 192.2400, and who have direct contact with such adults, 3 shall be required to complete at least one hour of training within the first sixty days of 4 employment. The training shall include the following: 5 (1) Requirements to report animal abuse or neglect and the penalties associated 6 with failure to report under section 273.410; 7 (2) How to identify animal abuse or neglect; 8 (3) How to make a report of animal abuse or neglect; and 9 (4) The relationship between eligible adult abuse or neglect and animal abuse or 10 neglect. 11 2. The department of health and senior services, in consultation with animal 12 welfare associations, shall develop or adapt and use available training materials for the 13 training required under this section. Persons required to complete training under this 14 section shall be provided with opportunities to do so during regular working hours. 15 3. As used in this section, the following terms shall mean: 16 (1) "Animal", the same meaning as in section 578.029; 17 (2) "Animal welfare association", a nonprofit organization that is established to 18 promote animal welfare, is recognized by the Internal Revenue Service as tax exempt 19 under the provisions of the Internal Revenue Code Section 501(c)(3) or 501(c)(4), or the 20 corresponding section of any future tax code, and is registered with the secretary of state 21 under chapter 355. HB 1298 3
210.115. 1. When any physician, medical examiner, coroner, dentist, chiropractor, 2 optometrist, podiatrist, resident, intern, nurse, hospital or clinic personnel that are engaged in 3 the examination, care, treatment or research of persons, and any other health practitioner, 4 psychologist, mental health professional, social worker, day care center worker or other child- 5 care worker, juvenile officer, probation or parole officer, jail or detention center personnel, 6 teacher, principal or other school official, minister as provided by section 352.400, peace 7 officer or law enforcement official, animal control officer, animal humane investigator as 8 defined in section 273.415, volunteer or personnel of a community service program that 9 offers support services for families in crisis to assist in the delegation of any powers regarding 10 the care and custody of a child by a properly executed power of attorney pursuant to sections 11 475.600 to 475.604, or other person with responsibility for the care of children has reasonable 12 cause to suspect that a child has been or may be subjected to abuse or neglect or observes a 13 child being subjected to conditions or circumstances which would reasonably result in abuse 14 or neglect, that person shall immediately report to the division in accordance with the 15 provisions of sections 210.109 to 210.183. No internal investigation shall be initiated until 16 such a report has been made. As used in this section, the term "abuse" is not limited to abuse 17 inflicted by a person responsible for the child's care, custody and control as specified in 18 section 210.110, but shall also include abuse inflicted by any other person. 19 2. If two or more members of a medical institution who are required to report jointly 20 have knowledge of a known or suspected instance of child abuse or neglect, a single report 21 may be made by a designated member of that medical team. Any member who has 22 knowledge that the member designated to report has failed to do so shall thereafter 23 immediately make the report. Nothing in this section, however, is meant to preclude any 24 person from reporting abuse or neglect. 25 3. The reporting requirements under this section are individual, and no supervisor or 26 administrator may impede or inhibit any reporting under this section. No person making a 27 report under this section shall be subject to any sanction, including any adverse employment 28 action, for making such report. Every employer shall ensure that any employee required to 29 report pursuant to subsection 1 of this section has immediate and unrestricted access to 30 communications technology necessary to make an immediate report and is temporarily 31 relieved of other work duties for such time as is required to make any report required under 32 subsection 1 of this section. 33 4. Notwithstanding any other provision of sections 210.109 to 210.183, any child who 34 does not receive specified medical treatment by reason of the legitimate practice of the 35 religious belief of the child's parents, guardian, or others legally responsible for the child, for 36 that reason alone, shall not be found to be an abused or neglected child, and such parents, 37 guardian or other persons legally responsible for the child shall not be entered into the central HB 1298 4
38 registry. However, the division may accept reports concerning such a child and may 39 subsequently investigate or conduct a family assessment as a result of that report. Such an 40 exception shall not limit the administrative or judicial authority of the state to ensure that 41 medical services are provided to the child when the child's health requires it. 42 5. In addition to those persons and officials required to report actual or suspected 43 abuse or neglect, any other person may report in accordance with sections 210.109 to 210.183 44 if such person has reasonable cause to suspect that a child has been or may be subjected to 45 abuse or neglect or observes a child being subjected to conditions or circumstances which 46 would reasonably result in abuse or neglect. 47 6. Any person or official required to report pursuant to this section, including 48 employees of the division, who has probable cause to suspect that a child who is or may be 49 under the age of eighteen, who is eligible to receive a certificate of live birth, has died shall 50 report that fact to the appropriate medical examiner or coroner. If, upon review of the 51 circumstances and medical information, the medical examiner or coroner determines that the 52 child died of natural causes while under medical care for an established natural disease, the 53 coroner, medical examiner or physician shall notify the division of the child's death and that 54 the child's attending physician shall be signing the death certificate. In all other cases, the 55 medical examiner or coroner shall accept the report for investigation, shall immediately notify 56 the division of the child's death as required in section 58.452 and shall report the findings to 57 the child fatality review panel established pursuant to section 210.192. 58 7. Any person or individual required to report may also report the suspicion of abuse 59 or neglect to any law enforcement agency or juvenile office. Such report shall not, however, 60 take the place of reporting to the division. 61 8. If an individual required to report suspected instances of abuse or neglect pursuant 62 to this section has reason to believe that the victim of such abuse or neglect is a resident of 63 another state or was injured as a result of an act which occurred in another state, the person 64 required to report such abuse or neglect may, in lieu of reporting to the Missouri children's 65 division, make such a report to the child protection agency of the other state with the authority 66 to receive such reports pursuant to the laws of such other state. If such agency accepts the 67 report, no report is required to be made, but may be made, to the children's division. 68 9. For the purposes of providing supportive services or verifying the status of a youth 69 as unaccompanied or homeless for the purposes of accessing supportive services, the fact that 70 a child is an unaccompanied youth as defined in 42 U.S.C. Section 11434a(6) is not, in and of 71 itself, a sufficient basis for reporting child abuse or neglect, unless the child is under sixteen 72 years of age or is an incapacitated person, as defined in section 475.010. Nothing in this 73 subsection shall limit a mandated reporter from making a report under this section if the HB 1298 5
74 mandated reporter knows or has reasonable cause to suspect that an unaccompanied youth has 75 been or may be a victim of abuse or neglect. 210.191. 1. All children's division employees, and contractors for children's 2 services, who have direct contact with children through the state's child protection and 3 welfare system shall be required to complete at least one hour of training within the first 4 sixty days of employment or contract. The training shall include the following: 5 (1) Requirements to report animal abuse or neglect and the penalties associated 6 with failure to report under section 273.410; 7 (2) How to identify animal abuse or neglect; 8 (3) How to make a report of animal abuse or neglect; and 9 (4) The relationship between child abuse or neglect and animal abuse or neglect. 10 2. The division, in consultation with animal welfare associations, shall develop or 11 adapt and use available training materials for the training required under this section. 12 Persons required to complete training under this section shall be provided with 13 opportunities to do so during regular working hours. 14 3. As used in this section, the following terms shall mean: 15 (1) "Animal", the same meaning as in section 578.029; 16 (2) "Animal welfare association", the same meaning as in section 192.2510. 273.410. 1. When any psychologist, mental health professional, social worker, 2 school counselor, teacher, or other school professional, or juvenile officer, law 3 enforcement or peace officer, probation or parole officer, home health aide, adult or 4 child protective services worker, or volunteer or personnel of a community service 5 program that offers support or advocacy services for children in foster care has 6 reasonable cause to suspect that an animal has been or may be subjected to abuse or 7 neglect or observes an animal being subjected to conditions or circumstances that would 8 reasonably result in abuse or neglect, that person shall make a report to the hotline 9 established and operated by the Missouri Animal Control Association (MACA) within 10 one day. 11 2. The hotline worker shall request all of the following information for the 12 report: 13 (1) The name and description of the animal involved, if known; 14 (2) The address and telephone number of the owner or other person responsible 15 for the care of the animal, if known; 16 (3) The nature and extent of the suspected abuse or neglect; and 17 (4) Any other information that the person making the report believes may be 18 useful in establishing the existence of the suspected abuse or neglect or the identity of the 19 person causing the abuse or neglect. HB 1298 6
20 3. Upon receiving a report of suspected abuse or neglect, MACA shall provide 21 the report to any duly-authorized law enforcement official, county or municipal animal 22 control officer, or any Missouri peace officer standards and training (POST)-certified or 23 MACA-certified animal cruelty investigator. 24 4. Any person required to report animal abuse or neglect under this section shall 25 be immune from civil and criminal liability in connection with making any required 26 reports if the person acted in good faith when making such report. 27 5. Notwithstanding any provision of law to the contrary, any information 28 identifying a person who reports suspected animal abuse or neglect under this section 29 shall be confidential and shall not be deemed a public record and shall not be subject to 30 the provisions of section 109.180 or chapter 610. 31 6. No person required to make a report of animal abuse or neglect under this 32 section shall knowingly make a false report. The penalty for making a false report and 33 the defenses to prosecution shall be the same as under section 575.080. 34 7. If an agency or political subdivision of the state determines that an employee 35 who is a mandated reporter under this section has failed to make a report as required by 36 this section, the agency or political subdivision shall issue a written notice to such 37 employee that shall include a finding of facts in support of the failure to make a report 38 and an explanation of the reporting requirement. Such notice shall not be retained in a 39 permanent employment file and shall be retained in a separate file or database 40 maintained by the agency or political subdivision. Such notice shall be considered a 41 closed record under the provisions of chapter 610. 42 8. Any person required to make a report under this section who is subject to 43 professional licensure and who fails to make a report as required by this section shall be 44 subject to discipline by his or her respective licensing board as follows: 45 (1) For the first instance of a failure to report, the licensing board shall issue a 46 written notice to such employee that shall include a finding of facts in support of the 47 failure to make a report and an explanation of the reporting requirement; 48 (2) For a second instance of a failure to report, the licensing board shall impose a 49 fine of one hundred dollars; 50 (3) For a third and each subsequent instance of a failure to report, the licensing 51 board shall impose a fine of five hundred dollars. 52 9. As used in this section, the term "animal" shall have the same meaning as in 53 section 578.029. 273.415. 1. All persons employed or serving as animal control officers or animal 2 humane investigators who have direct contact with animals shall be required to HB 1298 7
3 complete at least one hour of training within the first sixty days of employment. The 4 training shall include the following: 5 (1) Requirements to report child abuse or neglect under section 210.115 or 6 eligible person abuse or neglect under section 192.2405 and the penalties associated with 7 failure to report such abuse or neglect; 8 (2) How to identify child or eligible person abuse or neglect; 9 (3) How to make a report of child or eligible person abuse or neglect; and 10 (4) The relationship between child, eligible adult, and animal abuse or neglect. 11 2. The children's division and the department of health and senior services, in 12 consultation with animal welfare associations, shall develop or adapt and use available 13 training materials for the training required under this section. Persons required to 14 complete training under this section shall be provided with opportunities to do so during 15 regular working hours. 16 3. As used in this section, the following terms shall mean: 17 (1) "Animal", the same meaning as in section 578.029; 18 (2) "Animal humane investigator", a duly-authorized county or municipal 19 animal control officer or any Missouri peace officer standards and training (POST)- 20 certified or Missouri Animal Control Association (MACA)-certified animal cruelty 21 inve