HOUSE BILL NO. 2745 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SCHMIDT.
5913H.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Section A. Section 210.110, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 210.110, to read as follows: 210.110.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. Section 7102, as amended; 8 (2) "Assessment and treatment services for children", an approach to be developed by 9 the children's division which will recognize and treat the specific needs of at-risk and abused 10 or neglected children. The developmental and medical assessment may be a broad physical, 11 developmental, and mental health screening [to be completed within thirty days of a child's 12 entry into custody and] that shall be in accordance with the time frames set forth under 13 paragraphs (a) and (b) of this subdivision and the periodicity schedule set forth by the 14 American Academy of Pediatrics thereafter as long as the child remains in care. Screenings 15 may be offered at a centralized location and shall include, at a minimum, the following: 16 (a) Within seventy-two hours upon entry into custody, a complete physical to be 17 performed by a pediatrician familiar with the effects of abuse [and] or neglect on young
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 2745 2
18 children. The pediatrician who performs the physical under this paragraph shall also 19 request the child's past medical records, and a foster family of the child shall have 20 access to all medical records under this paragraph. Any person receiving such request 21 shall fulfill the request within thirty days; and 22 (b) Within thirty days of the physical under paragraph (a) of this subdivision, a 23 developmental, behavioral, and emotional screening in addition to early periodic screening, 24 diagnosis, and treatment services, including a core set of standardized and recognized 25 instruments as well as interviews with the child and appropriate caregivers. The screening 26 battery may be performed by a licensed mental health professional familiar with the effects of 27 abuse [and] or neglect on young children or a primary care physician using a standardized 28 assessment tool, who will then serve as the liaison between all service providers in ensuring 29 that needed services are provided. Such treatment services may include in-home services, 30 out-of-home placement, intensive twenty-four-hour treatment services, family counseling, 31 parenting training and other best practices. 32 33 Children whose screenings indicate an area of concern may complete a comprehensive, in- 34 depth health, psychodiagnostic, or developmental assessment within sixty days of entry into 35 custody; 36 (3) "Central registry", a registry of persons where the division has found probable 37 cause to believe prior to August 28, 2004, or by a preponderance of the evidence after August 38 28, 2004, or a court has substantiated through court adjudication that the individual has 39 committed child abuse or neglect or the person has pled guilty or has been found guilty of a 40 crime pursuant to section 565.020, 565.021, 565.023, 565.024, 565.050, 566.030, 566.060, or 41 567.050 if the victim is a child less than eighteen years of age, or any other crime pursuant to 42 chapter 566 if the victim is a child less than eighteen years of age and the perpetrator is 43 twenty-one years of age or older, a crime under section 568.020, 568.030, 568.045, 568.050, 44 568.060, 568.080, 568.090, 573.023, 573.025, 573.035, 573.037, 573.040, 573.200, or 45 573.205, or an attempt to commit any such crimes. Any persons placed on the registry prior 46 to August 28, 2004, shall remain on the registry for the duration of time required by section 47 210.152; 48 (4) "Child", any person, regardless of physical or mental condition, under eighteen 49 years of age; 50 (5) "Children's services providers and agencies", any public, quasi-public, or private 51 entity with the appropriate and relevant training and expertise in delivering services to 52 children and their families as determined by the children's division, and capable of providing 53 direct services and other family services for children in the custody of the children's division 54 or any such entities or agencies that are receiving state moneys for such services; HB 2745 3
55 (6) "Director", the director of the Missouri children's division within the department 56 of social services; 57 (7) "Division", the Missouri children's division within the department of social 58 services; 59 (8) "Family assessment and services", an approach to be developed by the children's 60 division which will provide for a prompt assessment of a child who has been reported to the 61 division as a victim of abuse or neglect by a person responsible for that child's care, custody 62 or control and of that child's family, including risk of abuse and neglect and, if necessary, the 63 provision of community-based services to reduce the risk and support the family; 64 (9) "Family support team meeting" or "team meeting", a meeting convened by the 65 division or children's services provider in behalf of the family and/or child for the purpose of 66 determining service and treatment needs, determining the need for placement and developing 67 a plan for reunification or other permanency options, determining the appropriate placement 68 of the child, evaluating case progress, and establishing and revising the case plan; 69 (10) "Investigation", the collection of physical and [verbal] oral evidence to 70 determine if a child has been abused or neglected; 71 (11) "Jail or detention center personnel", employees and volunteers working in any 72 premises or institution where incarceration, evaluation, care, treatment or rehabilitation is 73 provided to persons who are being held under custody of the law; 74 (12) "Neglect", failure to provide, by those responsible for the care, custody, and 75 control of the child, the proper or necessary support, education as required by law, nutrition or 76 medical, surgical, or any other care necessary for the child's well-being, except that neglect 77 shall not be found by virtue of the sole fact that a person allows a child to engage in 78 independent activities without adult supervision including, but not limited to, traveling to or 79 from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home 80 for a reasonable period of time, provided such activities are appropriate based on the child's 81 age, maturity, and physical and mental abilities, and the lack of adult supervision does not 82 constitute conduct that is so grossly negligent as to endanger the health or safety of the child. 83 Victims of neglect shall also include any victims of sex trafficking or severe forms of 84 trafficking as those terms are defined in 22 U.S.C. Section 7102, as amended; 85 (13) "Preponderance of the evidence", that degree of evidence that is of greater 86 weight or more convincing than the evidence which is offered in opposition to it or evidence 87 which as a whole shows the fact to be proved to be more probable than not; 88 (14) "Probable cause", available facts when viewed in the light of surrounding 89 circumstances which would cause a reasonable person to believe a child was abused or 90 neglected; HB 2745 4
91 (15) "Report", the communication of an allegation of child abuse or neglect to the 92 division pursuant to section 210.115; 93 (16) "Those responsible for the care, custody, and control of the child", includes, but 94 is not limited to: 95 (a) The parents or legal guardians of a child; 96 (b) Other members of the child's household; 97 (c) Those exercising supervision over a child for any part of a twenty-four-hour day; 98 (d) Any adult person who has access to the child based on relationship to the parents 99 of the child or members of the child's household or the family; 100 (e) Any person who takes control of the child by deception, force, or coercion; or 101 (f) School personnel, contractors, and volunteers, if the relationship with the child 102 was established through the school or through school-related activities, even if the alleged 103 abuse or neglect occurred outside of school hours or off school grounds. ✔
Statutes affected: