HOUSE BILL NO. 3124 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SELF.
5894H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 207.020, 210.145, 210.1271, 210.1500, 211.021, 211.031, 211.032, 211.033, 211.041, 211.059, 211.061, 211.063, 211.068, 211.071, 211.072, 211.073, 211.091, 211.093, 211.151, 211.181, 211.211, 211.261, 211.321, 211.421, 211.425, 211.431, 211.435, 219.021, 221.044, 488.315, 488.5026, 488.5339, 491.699, 558.003, 568.050, and 595.045, RSMo, and to enact in lieu thereof thirty-three new sections relating to juvenile court proceedings, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 207.020, 210.145, 210.1271, 210.1500, 211.021, 211.031, 2 211.032, 211.033, 211.041, 211.059, 211.061, 211.063, 211.068, 211.071, 211.072, 211.073, 3 211.091, 211.093, 211.151, 211.181, 211.211, 211.261, 211.321, 211.421, 211.425, 211.431, 4 211.435, 219.021, 221.044, 488.315, 488.5026, 488.5339, 491.699, 558.003, 568.050, and 5 595.045, RSMo, are repealed and thirty-three new sections enacted in lieu thereof, to be 6 known as sections 207.020, 210.145, 210.1271, 210.1500, 211.021, 211.031, 211.032, 7 211.033, 211.041, 211.059, 211.061, 211.063, 211.068, 211.071, 211.072, 211.073, 211.091, 8 211.093, 211.151, 211.181, 211.211, 211.261, 211.321, 211.421, 211.425, 211.431, 219.021, 9 221.044, 488.5026, 488.5339, 491.699, 568.050, and 595.045, to read as follows: 207.020. 1. In addition to the powers, duties and functions vested in the children's 2 division by other provisions of this chapter or by other laws of this state, the division shall 3 have the power: 4 (1) To sue and be sued; 5 (2) To make contracts and carry out the duties imposed upon it by this or any other 6 law;
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 3124 2
7 (3) To administer, disburse, dispose of and account for funds, commodities, 8 equipment, supplies or services, and any kind of property given, granted, loaned, advanced to 9 or appropriated by the state of Missouri for any of the purposes herein; 10 (4) To administer oaths, issue subpoenas for witnesses, examine such witnesses under 11 oath, and make and keep a record of same; 12 (5) To adopt, amend and repeal rules and regulations necessary or desirable to carry 13 out the provisions of this chapter and which are not inconsistent with the constitution or laws 14 of this state; 15 (6) To cooperate with the United States government in matters of mutual concern 16 pertaining to any duties wherein the children's division is acting as a state agency, including 17 the adoption of such methods of administration as are found by the United States government 18 to be necessary for the efficient operation of state plans hereunder; 19 (7) To make such reports in such form and containing such information as the United 20 States government may, from time to time, require, and comply with such provisions as the 21 United States government may, from time to time, find necessary to assure the correctness 22 and verification of such reports; 23 (8) To establish, extend and strengthen child welfare services for the protection and 24 care of homeless, dependent and neglected children and children in danger of becoming 25 delinquent; 26 (9) To expend child welfare service funds for payment of part of the cost of district, 27 county or other local child welfare services; 28 (10) To administer state child welfare activities and develop state services for the 29 encouragement and assistance of adequate methods of community child welfare 30 organizations; 31 (11) To appoint, when and if it may deem necessary, advisory committees to provide 32 professional or technical consultation in respect to welfare problems and welfare 33 administration. The members of such advisory committees shall receive no compensation 34 for their services other than expenses actually incurred in the performance of their official 35 duties. The number of members of each such advisory committee shall be determined by the 36 children's division, and such advisory committees shall consult with and advise the children's 37 division in respect to problems and policies incident to the administration of the particular 38 function germane to the respective field of competence; 39 (12) To initiate or cooperate with other agencies in developing measures for the 40 prevention of dependency and the rehabilitation of children; 41 (13) To collect statistics, make special fact-finding studies and publish reports in 42 reference to its duties; HB 3124 3
43 (14) To establish or cooperate in research or demonstration projects relative to the 44 welfare program, such as those relating to the prevention and reduction of dependency and 45 economic distress, or which will aid in effecting coordination of planning between private and 46 public welfare agencies, or which will help improve the administration and effectiveness of 47 programs carried on or assisted under the federal Social Security Act and the programs related 48 thereto; 49 (15) To provide appropriate public welfare services to promote, safeguard and protect 50 the social well-being and general welfare of children and to help maintain and strengthen 51 family life, and to provide such public welfare services to aid children and their families as 52 may be authorized by law; 53 (16) Upon request, to cooperate with the juvenile court and furnish social studies and 54 reports to the court with respect to children as to whom adoption, abuse, or neglect petitions 55 have been filed; 56 (17) To accept for social services and care, homeless, dependent or neglected children 57 in all counties where legal custody is vested in the children's division by the juvenile court 58 where the juvenile court has acquired jurisdiction pursuant to subdivision (1) [or (2)] of 59 subsection 1 of section 211.031; provided that prior to legal custody being vested in the 60 children's division, the children's division shall conduct an evaluation of the child, examine 61 the child and investigate all pertinent circumstances of his or her background for the purpose 62 of determining appropriate services and a treatment plan for the child. This evaluation shall 63 involve local division staff and consultation with the juvenile officer or such officer's 64 designee, appropriate state agencies, including but not limited to the department of mental 65 health and the department of elementary and secondary education, or private practitioners 66 who are knowledgeable of the child or programs or services appropriate to the needs of the 67 child and shall be completed within thirty days. Temporary custody may be placed with the 68 children's division while the evaluation is being conducted. A report of such proceedings and 69 findings shall be submitted in writing to the appropriate court: 70 (a) The children's division may, at any time, if it finds the child placed in its custody 71 is in need of care or treatment other than that which it can provide, apply to the court which 72 placed such child for an order relieving it of custody of such child. The court must make a 73 determination within ten days and the court shall be vested with full power to make such 74 disposition of the child as is authorized by law, including continued custody; 75 (b) However, no payments for care shall be made: 76 a. To facilities with which the children's division has no contract to provide such care, 77 or to facilities in the state of Missouri which are not licensed by the state of Missouri unless 78 exempt from such licensure; HB 3124 4
79 b. To any facility outside the state of Missouri unless the children's division 80 determines that there is no facility in the state of Missouri which can provide substantially 81 equivalent care, except that this limitation shall not apply to any facility outside the state of 82 Missouri if that facility is the closest available facility to the child's home or the children's 83 division determines that such placement is in the child's best interest; nor 84 c. To any facility outside the state of Missouri which is not licensed or exempted from 85 licensure by the state in which it is located, or which cannot document that it meets 86 requirements which would be necessary for licensure in the state of Missouri. The term 87 "care" shall include room, board, clothing, medical care, dental care, social services and 88 incidentals; 89 (18) To accept gifts and grants of any property, real or personal, and to sell said 90 property and expend such gifts or grants not inconsistent with the administration of this 91 chapter and within the limitations imposed by the donor thereof; 92 (19) To make periodic surveys of cost-of-living factors in relation to the duties and 93 responsibilities of the division, and establish standards or budgetary guides for determining 94 minimum costs of meeting such requirements, and amend such standards from time to time as 95 circumstances may require. 96 2. All powers and duties of the children's division shall, so far as applicable, apply to 97 the administration of any other law or state law wherein duties are imposed upon the 98 children's division acting as a state agency. 210.145. 1. The division shall develop protocols which give priority to: 2 (1) Ensuring the well-being and safety of the child in instances where child abuse or 3 neglect has been alleged; 4 (2) Promoting the preservation and reunification of children and families consistent 5 with state and federal law; 6 (3) Providing due process for those accused of child abuse or neglect; and 7 (4) Maintaining an information system operating at all times, capable of receiving and 8 maintaining reports. This information system shall have the ability to receive reports over a 9 single, statewide toll-free number. Such information system shall maintain the results of all 10 investigations, family assessments and services, and other relevant information. 11 2. (1) The division shall utilize structured decision-making protocols, including a 12 standard risk assessment that shall be completed within seventy-two hours of the report of 13 abuse or neglect, for classification purposes of all child abuse and neglect reports. The 14 protocols developed by the division shall give priority to ensuring the well-being and safety 15 of the child. All child abuse and neglect reports shall be initiated within twenty-four hours 16 and shall be classified based upon the reported risk and injury to the child. The division shall HB 3124 5
17 promulgate rules regarding the structured decision-making protocols to be utilized for all 18 child abuse and neglect reports. 19 (2) The director of the division and the office of state courts administrator shall 20 develop a joint safety assessment tool before December 31, 2020, and such tool shall be 21 implemented before January 1, 2022. The safety assessment tool shall replace the standard 22 risk assessment required under subdivision (1) of this subsection and shall also be completed 23 within seventy-two hours of the report of abuse or neglect. 24 3. Upon receipt of a report, the division shall determine if the report merits 25 investigation, including reports which if true would constitute a suspected violation of any of 26 the following: section 565.020, 565.021, 565.023, 565.024, or 565.050 if the victim is a child 27 less than eighteen years of age, section 566.030 or 566.060 if the victim is a child less than 28 eighteen years of age, or other crimes under chapter 566 if the victim is a child less than 29 eighteen years of age and the perpetrator is twenty-one years of age or older, section 567.050 30 if the victim is a child less than eighteen years of age, section 568.020, 568.030, 568.045, 31 568.050, 568.060, 573.200, or 573.205, section 573.025, 573.035, 573.037, or 573.040, or an 32 attempt to commit any such crimes. The division shall immediately communicate all reports 33 that merit investigation to its appropriate local office and any relevant information as may be 34 contained in the information system. The local division staff shall determine, through the use 35 of protocols developed by the division, whether an investigation or the family assessment and 36 services approach should be used to respond to the allegation. The protocols developed by 37 the division shall give priority to ensuring the well-being and safety of the child. 38 4. The division may accept a report for investigation or family assessment if either the 39 child or alleged perpetrator resides in Missouri, may be found in Missouri, or if the incident 40 occurred in Missouri. 41 5. If the division receives a report in which neither the child nor the alleged 42 perpetrator resides in Missouri or may be found in Missouri and the incident did not occur in 43 Missouri, the division shall document the report and communicate it to the appropriate agency 44 or agencies in the state where the child is believed to be located, along with any relevant 45 information or records as may be contained in the division's information system. 46 6. When the child abuse and neglect hotline receives three or more calls, within a 47 seventy-two hour period, from one or more individuals concerning the same child, the 48 division shall conduct a review to determine whether the calls meet the criteria and statutory 49 definition for a child abuse and neglect report to be accepted. In conducting the review, the 50 division shall contact the hotline caller or callers in order to collect information to determine 51 whether the calls meet the criteria for harassment. 52 7. The local office shall contact the appropriate law enforcement agency immediately 53 upon receipt of a report which division personnel determine merits an investigation and HB 3124 6
54 provide such agency with a detailed description of the report received. In such cases the local 55 division office shall request the assistance of the local law enforcement agency in all aspects 56 of the investigation of the complaint. The appropriate law enforcement agency shall either 57 assist the division in the investigation or provide the division, within twenty-four hours, an 58 explanation in writing detailing the reasons why it is unable to assist. 59 8. (1) The local office of the division shall cause an investigation or family 60 assessment and services approach to be initiated in accordance with the protocols established 61 in subsection 2 of this section, except in cases where the sole basis for the report is 62 educational neglect. If the report indicates that educational neglect is the only complaint and 63 there is no suspicion of other neglect or abuse, the investigation shall be initiated within 64 seventy-two hours of receipt of the report. If the report indicates the child is in danger of 65 serious physical harm or threat to life, an investigation shall include direct observation of the 66 subject child within twenty-four hours of the receipt of the report. Local law enforcement 67 shall take all necessary steps to facilitate such direct observation. Callers to the child abuse 68 and neglect hotline shall be instructed by the division's hotline to call 911 in instances where 69 the child may be in immediate danger. If the parents of the child are not the alleged 70 perpetrators, a parent of the child must be notified prior to the child being interviewed by the 71 division. No person responding to or investigating a child abuse and neglect report shall call 72 prior to a home visit or leave any documentation of any attempted visit, such as business 73 cards, pamphlets, or other similar identifying information if he or she has a reasonable basis 74 to believe the following factors are present: 75 (a) a. No person is present in the home at the time of the home visit; and 76 b. The alleged perpetrator resides in the home or the physical safety of the child may 77 be compromised if the alleged perpetrator becomes aware of the attempted visit; 78 (b) The alleged perpetrator will be alerted regarding the attempted visit; or 79 (c) The family has a history of domestic violence or fleeing the community. 80 (2) If the division is responding to an investigation of abuse or neglect, the person 81 responding shall first ensure safety of the child through direct observation and 82 communication with the child. If the parent or alleged perpetrator is present during a visit 83 by the person responding to or investigating the report, such person shall present 84 identification and verbally identify himself or herself and his or her role in the 85 investigation and shall provide written material to the parent or alleged perpetrator 86 informing him or her of his or her rights regarding such visit, including but not limited to the 87 right to contact an attorney. The parent or alleged perpetrator shall be given a reasonable 88 amount of time to read such written material or have such material read to him or her by the 89 case worker before the visit commences, but in no event shall such time exceed five minutes; 90 except that, such requirement to provide written material and reasonable time to read such HB 3124 7
91 material shall not apply in cases where the child faces an immediate threat or danger, or the 92 person responding to or investigating the report is or feels threatened or in danger of physical 93 harm. If the abuse is alleged to have occurred in a school or child care facility the division 94 shall not meet with the child in any school building or child care facility building where abuse 95 of such child is alleged to have occurred. When the child is reported absent from the 96 residence, the location and the well-being of the child shall be verified. For purposes of this 97 subsection, child care facility shall have the same meaning as such term is defined in section 98 210.201. 99 (3) If the division is responding to an assessment of abuse or neglect, the person 100 responding shall present identification and verbally identify himself or herself and his or her 101 role in the investigation and provide a parent of the child with notification prior to the child 102 being interviewed by the person responding and shall provide written material to the parent 103 informing him or her of his or her rights regarding such visit