HOUSE BILL NO. 3265 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JOHNSON.
6972H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 211.134, 211.181, 211.241, 488.012, 488.027, 488.031, 488.2253, 488.2300, 488.5026, and 595.045, RSMo, and to enact in lieu thereof ten new sections relating to the elimination of fines and fees in juvenile court.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 211.134, 211.181, 211.241, 488.012, 488.027, 488.031, 2 488.2253, 488.2300, 488.5026, and 595.045, RSMo, are repealed and ten new sections 3 enacted in lieu thereof, to be known as sections 211.134, 211.181, 211.241, 488.012, 488.027, 4 488.031, 488.2253, 488.2300, 488.5026, and 595.045, to read as follows: 211.134. 1. The court may require a parent or guardian of a child to participate in any 2 activity the court finds is necessary to carry out the purposes of the juvenile code as stated in 3 section 211.011, including, but not limited to: 4 (1) Requiring the parent or guardian to attend counseling sessions; and 5 (2) Requiring the parent or guardian to participate in any institutional treatment 6 program, including attendance at the institution where the child resides. 7 2. The court [may] shall not order the parent or guardian to support the child 8 committed for institutionalization by paying the reasonable costs of support, maintenance, 9 and treatment of the child [that the parent is financially able to pay]. 211.181. 1. When a child is found by the court to come within the applicable 2 provisions of subdivision (1) of subsection 1 of section 211.031, the court shall so decree and 3 make a finding of fact upon which it exercises its jurisdiction over the child, and the court 4 may, by order duly entered, proceed as follows:
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 3265 2
5 (1) Place the child under supervision in his or her own home or in the custody of a 6 relative or other suitable person after the court or a public agency or institution designated by 7 the court conducts an investigation of the home, relative or person and finds such home, 8 relative or person to be suitable and upon such conditions as the court may require; 9 (2) Commit the child to the custody of: 10 (a) A public agency or institution authorized by law to care for children or to place 11 them in family homes; except that, such child may not be committed to the department of 12 social services, division of youth services; 13 (b) Any other institution or agency which is authorized or licensed by law to care for 14 children or to place them in family homes; 15 (c) An association, school or institution willing to receive the child in another state if 16 the approval of the agency in that state which administers the laws relating to importation of 17 children into the state has been secured; or 18 (d) The juvenile officer; 19 (3) Place the child in a family home; 20 (4) Cause the child to be examined and treated by a physician, psychiatrist or 21 psychologist and when the health or condition of the child requires it, cause the child to be 22 placed in a public or private hospital, clinic or institution for treatment and care; except that, 23 nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric 24 treatment of a child whose parents or guardian in good faith are providing other remedial 25 treatment recognized or permitted under the laws of this state; 26 (5) The court may order, pursuant to subsection 2 of section 211.081, that the child 27 receive the necessary services in the least restrictive appropriate environment including home 28 and community-based services, treatment and support, based on a coordinated, individualized 29 treatment plan. The individualized treatment plan shall be approved by the court and 30 developed by the applicable state agencies responsible for providing or paying for any and all 31 appropriate and necessary services, subject to appropriation, and shall include which agencies 32 are going to pay for and provide such services. Such plan must be submitted to the court 33 within thirty days and the child's family shall actively participate in designing the service plan 34 for the child; 35 (6) The department of social services, in conjunction with the department of mental 36 health, shall apply to the United States Department of Health and Human Services for such 37 federal waivers as required to provide services for such children, including the acquisition of 38 community-based services waivers. 39 2. When a child is found by the court to come within the provisions of subdivision (2) 40 of subsection 1 of section 211.031, the court shall so decree and upon making a finding of fact HB 3265 3
41 upon which it exercises its jurisdiction over the child, the court may, by order duly entered, 42 proceed as follows: 43 (1) Place the child under supervision in his or her own home or in custody of a 44 relative or other suitable person after the court or a public agency or institution designated by 45 the court conducts an investigation of the home, relative or person and finds such home, 46 relative or person to be suitable and upon such conditions as the court may require; 47 (2) Commit the child to the custody of: 48 (a) A public agency or institution authorized by law to care for children or place them 49 in family homes; except that, a child may be committed to the department of social services, 50 division of youth services, only if he or she is presently under the court's supervision after an 51 adjudication under the provisions of subdivision (2) or (3) of subsection 1 of section 211.031; 52 (b) Any other institution or agency which is authorized or licensed by law to care for 53 children or to place them in family homes; 54 (c) An association, school or institution willing to receive it in another state if the 55 approval of the agency in that state which administers the laws relating to importation of 56 children into the state has been secured; or 57 (d) The juvenile officer; 58 (3) Place the child in a family home; 59 (4) Cause the child to be examined and treated by a physician, psychiatrist or 60 psychologist and when the health or condition of the child requires it, cause the child to be 61 placed in a public or private hospital, clinic or institution for treatment and care; except that, 62 nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric 63 treatment of a child whose parents or guardian in good faith are providing other remedial 64 treatment recognized or permitted under the laws of this state[; 65 (5) Assess an amount of up to ten dollars to be paid by the child to the clerk of the 66 court]. 67 68 Execution of any order entered by the court pursuant to this subsection, including a 69 commitment to any state agency, may be suspended and the child placed on probation subject 70 to such conditions as the court deems reasonable. After a hearing, probation may be revoked 71 and the suspended order executed. 72 3. When a child is found by the court to come within the provisions of subdivision (3) 73 of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon 74 which it exercises its jurisdiction over the child, and the court may, by order duly entered, 75 proceed as follows: 76 (1) Place the child under supervision in his or her own home or in custody of a 77 relative or other suitable person after the court or a public agency or institution designated by HB 3265 4
78 the court conducts an investigation of the home, relative or person and finds such home, 79 relative or person to be suitable and upon such conditions as the court may require; provided 80 that, no child who has been adjudicated a delinquent by a juvenile court for committing or 81 attempting to commit a sex-related offense which if committed by an adult would be 82 considered a felony offense pursuant to chapter 566, including but not limited to rape, forcible 83 sodomy, child molestation, and sexual abuse, and in which the victim was a child, shall be 84 placed in any residence within one thousand feet of the residence of the abused child of that 85 offense until the abused child reaches the age of eighteen, and provided further that the 86 provisions of this subdivision regarding placement within one thousand feet of the abused 87 child shall not apply when the abusing child and the abused child are siblings or children 88 living in the same home; 89 (2) Commit the child to the custody of: 90 (a) A public agency or institution authorized by law to care for children or to place 91 them in family homes; 92 (b) Any other institution or agency which is authorized or licensed by law to care for 93 children or to place them in family homes; 94 (c) An association, school or institution willing to receive it in another state if the 95 approval of the agency in that state which administers the laws relating to importation of 96 children into the state has been secured; or 97 (d) The juvenile officer; 98 (3) Beginning January 1, 1996, the court may make further directions as to placement 99 with the division of youth services concerning the child's length of stay. The length of stay 100 order may set forth a minimum review date; 101 (4) Place the child in a family home; 102 (5) Cause the child to be examined and treated by a physician, psychiatrist or 103 psychologist and when the health or condition of the child requires it, cause the child to be 104 placed in a public or private hospital, clinic or institution for treatment and care; except that, 105 nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric 106 treatment of a child whose parents or guardian in good faith are providing other remedial 107 treatment recognized or permitted under the laws of this state; 108 (6) Suspend or revoke a state or local license or authority of a child to operate a motor 109 vehicle; 110 (7) Order the child to make restitution or reparation for the damage or loss caused by 111 his or her offense. In determining the amount or extent of the damage, the court may order 112 the juvenile officer to prepare a report and may receive other evidence necessary for such 113 determination. The child and his or her attorney shall have access to any reports which may 114 be prepared, and shall have the right to present evidence at any hearing held to ascertain the HB 3265 5
115 amount of damages. Any restitution or reparation ordered shall be reasonable in view of the 116 child's ability to make payment or to perform the reparation. The court may require the clerk 117 of the circuit court to act as receiving and disbursing agent for any payment ordered; 118 (8) Order the child to a term of community service under the supervision of the court 119 or of an organization selected by the court. Every person, organization, and agency, and each 120 employee thereof, charged with the supervision of a child under this subdivision, or who 121 benefits from any services performed as a result of an order issued under this subdivision, 122 shall be immune from any suit by the child ordered to perform services under this 123 subdivision, or any person deriving a cause of action from such child, if such cause of action 124 arises from the supervision of the child's performance of services under this subdivision and if 125 such cause of action does not arise from an intentional tort. A child ordered to perform 126 services under this subdivision shall not be deemed an employee within the meaning of the 127 provisions of chapter 287, nor shall the services of such child be deemed employment within 128 the meaning of the provisions of chapter 288. Execution of any order entered by the court, 129 including a commitment to any state agency, may be suspended and the child placed on 130 probation subject to such conditions as the court deems reasonable. After a hearing, 131 probation may be revoked and the suspended order executed[; 132 (9) When a child has been adjudicated to have violated a municipal ordinance or to 133 have committed an act that would be a misdemeanor if committed by an adult, assess an 134 amount of up to twenty-five dollars to be paid by the child to the clerk of the court; when a 135 child has been adjudicated to have committed an act that would be a felony if committed by 136 an adult, assess an amount of up to fifty dollars to be paid by the child to the clerk of the 137 court]. 138 4. Beginning January 1, 1996, the court may set forth in the order of commitment the 139 minimum period during which the child shall remain in the custody of the division of youth 140 services. No court order shall require a child to remain in the custody of the division of youth 141 services for a period which exceeds the child's nineteenth birth date except upon petition filed 142 by the division of youth services pursuant to subsection 1 of section 219.021. In any order of 143 commitment of a child to the custody of the division of youth services, the division shall 144 determine the appropriate program or placement pursuant to subsection 3 of section 219.021. 145 Beginning January 1, 1996, the department shall not discharge a child from the custody of the 146 division of youth services before the child completes the length of stay determined by the 147 court in the commitment order unless the committing court orders otherwise. The director of 148 the division of youth services may at any time petition the court for a review of a child's 149 length of stay commitment order, and the court may, upon a showing of good cause, order the 150 early discharge of the child from the custody of the division of youth services. The division 151 may discharge the child from the division of youth services without a further court order after HB 3265 6
152 the child completes the length of stay determined by the court or may retain the child for any 153 period after the completion of the length of stay in accordance with the law. 154 5. [When an assessment has been imposed under the provisions of subsection 2 or 3 155 of this section, the assessment shall be paid to the clerk of the court in the circuit where the 156 assessment is imposed by court order, to be deposited in a fund established for the sole 157 purpose of payment of judgments entered against children in accordance with section 158 211.185.] No assessment shall be imposed on a child or the child's parent, guardian, or 159 legal custodian for the actions of the child under the provisions of this section. 211.241. 1. When the juvenile court finds a child to be within the purview of 2 applicable provisions of section 211.031[ it may in the same or subsequent proceedings, either 3 on its own motion or upon the application of any person, institution or agency having the 4 custody of such child, proceed to inquire into the ability of the parent of the child to support it 5 or to contribute to its support. If the parent does not voluntarily appear for the proceeding, he 6 shall be summoned in the same manner as in civil cases and the summons in the case may 7 issue to any county of the state. 8 2. If the court finds that the parent is able to support the child or to contribute to its 9 support], the court [may] shall not enter an order requiring the parent to [support the child or] 10 pay an institution or agency having custody of the child, to contribute to [its] the support 11 [and] of the child, or to pay the costs of collecting the judgment. 12 [3. The court may enforce the order by execution and the execution may issue on 13 request of the juvenile officer or any person, agency or institution which has been awarded 14 custody of the child. No deposit or bond for costs shall be required as a condition for the 15 issuance or service of the execution. No property is exempt from execution upon a judgment 16 or decree made under this section, and all wages or other sums due the parent is subject to 17 garnishment or execution in any proceedings under this section. 18 4. Otherwise] 2. The necessary support of the child shall, unless the court commits 19 the child to a person or institution willing to receive it without charge, be paid out of the funds 20 of the county but only upon approval of the judge of the juvenile court. 488.012. 1. Beginning July 1, 1997, the clerk of each court of this state responsible 2 for collecting court costs shall collect the court costs authorized by statute, in such amounts as 3 are authorized by supreme court rule adopted pursuant to sections 488.010 to 488.020. Court 4 costs due and payable prior to July 1, 1997, shall not be affected by the adoption of this rule. 5 No court costs shall be charged to a minor or to the minor's parent, guardian, or legal 6 custodian for the actions of the minor. 7 2. The supreme court shall set the amount of court costs authorized by statute, at 8 levels to produce revenue which shall not substantially exceed the total of the proportion of 9 the costs associated with administration of the judicial system defrayed by fees, HB 3265 7
10 miscellaneous charges and surcharges. This subsection and subsection 3 of this section 11 shall not apply to minors under eighteen years of age. 12 3. Prior to adjustment by the supreme court, the following fees, costs and charges 13 shall be collected: 14 (1) Five dollars for the filing of a lien, pursuant to section 429.090; 15 (2) Ten dollars for maintaining child support enforcement records, pursuant to section 16 452.345; 17 (3) Ten dollars for a notice to a judgment creditor of a distributee, pursuant to section 18 473.618; 19 (4) Three dollars for receiving and keeping a will, pursuant to section 474.510; 20 (5) Seven dollars for the statewide court automation fund, pursuant to section 21 488.027; 22 (6) Twelve dollars for municipal court costs, fifteen dollars for municipal ordinance 23 violations filed before an associate circuit judge and thirty dollars for applications for a trial 24 de novo of a municipal ordinance violation, pursuant to section 479.260; 25 (7) Five dollars for small claims court cases where less than one hundred dollars i