HOUSE BILL NO. 2354 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JONES (88).
4714H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 210.125, RSMo, and to enact in lieu thereof two new sections relating to child abuse or neglect.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.125, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 210.125 and 210.144, to read as follows: 210.125. 1. A police officer, law enforcement official, or a physician who has 2 reasonable cause to suspect that a child is suffering from illness or injury or is in danger of 3 personal harm by reason of his surroundings and that a case of child abuse or neglect exists, 4 may request that the juvenile officer take the child into protective custody under chapter 211. 5 2. A police officer, law enforcement official, or a physician who has reasonable cause 6 to believe that a child is in imminent danger of suffering serious physical harm or a threat to 7 life as a result of abuse or neglect and such person has reasonable cause to believe the harm or 8 threat to life may occur before a juvenile court could issue a temporary protective custody 9 order or before a juvenile officer could take the child into protective custody, the police 10 officer, law enforcement official or physician may take or retain temporary protective custody 11 of the child without the consent of the child's parents, guardian or others legally responsible 12 for his care. 13 3. Any person taking a child in protective custody under this section shall 14 immediately notify the juvenile officer of the court of the county in which the child is located 15 of his actions and notify the division and make a reasonable attempt to advise the parents, 16 guardians or others legally responsible for the child's care. The jurisdiction of the juvenile 17 court attaches from the time the juvenile is taken into protective custody. Such person shall
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 2354 2
18 file, as soon as practicable but no later than twelve hours, a written statement with the juvenile 19 officer which sets forth the identity of the child and the facts and circumstances which gave 20 such person reasonable cause to believe that there was imminent danger of serious physical 21 harm or threat to the life of the child. Upon notification that a child has been taken into 22 protective custody, the juvenile officer shall either return the child to his parents, guardian, or 23 others responsible for his care or shall initiate child protective proceedings under chapter 211. 24 In no event shall an employee of the division, acting upon his own, remove a child under the 25 provisions of this act. 26 4. Temporary protective custody for purposes of this section shall not exceed twenty- 27 four hours. Temporary protective custody for a period beyond twenty-four hours may be 28 authorized only by an order of the juvenile court, except cases in which a parent, guardian, 29 or legal representative provides proof of a known medical condition found within a 30 child's medical history that contradicts such abuse or neglect allegations. Proof under 31 this subsection shall be accepted by the guardian ad litem, the caseworker, a peace 32 officer, or any other individual involved in the investigation who is not the parent, 33 guardian, or legal representative. 34 5. For the purposes of this section, "temporary protective custody" shall mean 35 temporary placement within a hospital or medical facility or emergency foster care facility or 36 such other suitable custody placement as the court may direct; provided, however, that an 37 abused or neglected child may not be detained in temporary custody in a secure detention 38 facility. 210.144. 1. As used in this section, "network" means the sexual assault forensic 2 examination-child abuse resource and education (SAFE-CARE) network. 3 2. Any agreement between the division and the network to provide assistance in 4 connection with abuse or neglect investigations conducted by the division shall require 5 the network to have the ability to obtain consultations with randomized geneticists or 6 physicians who specialize in identifying conditions that mimic child abuse symptoms or 7 other unique health conditions including, but not limited to: 8 (1) Rickets; 9 (2) Ehlers-Danlos syndrome; 10 (3) Osteogenesis imperfecta; 11 (4) Vitamin D deficiency; 12 (5) Other similar metabolic bone diseases or connective tissue disorders; or 13 (6) Any other medical condition that mimics child maltreatment or increases the 14 risk of a misdiagnosis of child maltreatment. HB 2354 3
15 3. During an investigation of abuse or neglect or an assessment provided under 16 subsection 2 of this section, the division shall refer a child's case for consideration with a 17 specialist if: 18 (1) The division determines the child requires a specialty consultation with a 19 physician; 20 (2) The child's primary care provider or other health care provider who 21 evaluated the child recommends a specialty consultation; or 22 (3) The child's parent, legal guardian, or legal representative requests a specialty 23 consultation. 24 4. In cases in which a specialty consultation is required or sought by the division 25 or the child's parent, legal guardian, or legal representative, the physician providing the 26 consultation shall: 27 (1) Be licensed to practice medicine; 28 (2) Be board certified in the physician's specialty that is relevant to diagnosing 29 and treating the conditions described under subsection 2 of this section; and 30 (3) Not be involved with the initial report of suspected abuse or neglect. 31 5. Prior to referring a child for a specialty consultation, the division shall 32 provide the child's parent, legal guardian, or legal representative written notice of the 33 name, contact information, and credentials of the specialist providing the consultation, 34 the choice of whom the parent, legal guardian, or legal representative shall be permitted 35 to object. The parent, legal guardian, or legal representative shall be allowed to seek his 36 or her own physician to evaluate the child and the medical reports. The provisions of 37 this subsection shall not be construed to prohibit the child's parent, legal guardian, or 38 legal representative from obtaining an alternative option at the parent's, legal 39 guardian's, or legal representative's own expense. The division shall consider and 40 accept an alternative opinion and document such opinion in the case file. The presiding 41 judge shall take under consideration the findings of the alternative opinion. 42 6. The division, any referring provider, a hospital, a child abuse pediatrician, or 43 any other network shall not obstruct, prevent, or inhibit a child's parent, legal guardian, 44 or legal representative or, if represented by an attorney, the attorney of the parent, legal 45 guardian, or legal representative from obtaining all medical records and documentation 46 necessary to request an alternative opinion, including access to the child for that 47 purpose by a health care professional providing an alternative or second opinion, or 48 performing diagnostic testing. ✔
Statutes affected: