FIRST REGULAR SESSION
SENATE BILL NO. 473
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR DOUGHERTY.
Read 1st time February 13, 2001, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
1708L.03I
AN ACT
To repeal sections 452.605 and 516.350, RSMo 2000, relating to children, and to enact in lieu thereof four new sections relating to the same subject.
Section A. Sections 452.605 and 516.350, RSMo 2000, are repealed and four new sections enacted in lieu thereof, to be known as sections 191.925, 207.160, 452.605 and 516.350, to read as follows:
191.925. The department of health shall support the establishment of a statewide system of child care resource and referral agencies. A sufficient number of child care resource and referral agencies shall be established to ensure that all counties are served, but no more than one such agency shall be established for each county or city not within a county. A child care resource and referral agency shall provide the following services:
(1) Identification of existing child care and early childhood education services and the development of a resource file of such services. Such services may include family child care, public and private child care programs, head start, prekindergarten early intervention programs, special education programs for prekindergarten children, services for children with disabilities and other special needs, full-time and part-time programs, before-school and after-school programs, vacation care programs, parent education and related family support services. The resource file shall include, but not be limited to:
(a) The type of programs available;
(b) The hours of service for programs;
(c) The ages of children served;
(d) The number of children served;
(e) Any significant program information;
(f) Any fees and eligibility requirements for services;
(2) The establishment of a referral process that responds to parental need for information and is provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed and license-exempt child care facilities. Referrals shall be made to an unlicensed child care facility only if the facility is legally exempt from licensure and meets the listing standards of the child care resource and referral network;
(3) Maintenance of ongoing documentation of requests for services tabulated through the internal referral process. The following documentation of requests for services shall be maintained by all child care resource and referral agencies:
(a) The number of calls and contacts to the child care information and referral agency component by type of service requested;
(b) The ages of children for whom service was requested;
(c) The time category of child care requests for each child;
(d) Any special time categories, such as nights, weekends and swing shift;
(e) The reasons why the child care is needed;
(4) The provision of technical assistance to parents and existing and potential providers of child care services. Such assistance may include:
(a) Information on initiating new child care services, zoning and program and budget development and assistance in finding such information from other sources;
(b) Information, training and resources for professional development that assist existing child care services providers in maximizing their ability to serve children and parents in their communities;
(c) Consumer education information for families and the community on evaluating and choosing child care services;
(d) Information and resources to parents and families seeking care for a child with special needs and training, and technical assistance to child care providers on including children with special needs in their programs;
(5) Assistance to families in applying for various sources of subsidy, including, but not limited to, subsidized child care, head start, prekindergarten early intervention programs, private scholarships, the federal dependent care tax credit and public health insurance for children;
(6) Assistance to state agencies in determining the market rate for child care and identifying any unmet need for child care services;
(7) Information and assistance to local interagency coordinating councils for children with special needs;
(8) Information and assistance about child care to employers, and community partnerships and initiatives;
(9) Assistance to state agencies by providing child care information and data.
207.160. Beginning with the 2002 fiscal year, the division of family services shall incrementally increase the reimbursement rate over a six-year period for facilities that provide residential treatment for children in the custody of the division of family services until such rate is no less than the cost of providing the level of service contracted for by the state; except that, no facility shall be reimbursed at a rate which exceeds the actual costs of providing residential treatment to children in the custody of the division. The division shall require all facilities receiving reimbursement to verify the actual cost of providing residential treatment for such children.
452.605. In an action for dissolution of marriage or legal separation involving minor children, or in a postjudgment proceeding wherein custody of minor children is to be determined by the court, the court shall, except for good cause, unless [otherwise provided] educational sessions are currently provided for by local rule, order the parties to attend educational sessions concerning the effects of custody and the dissolution of marriage on children. As used in this section "good cause" includes, but is not limited to, situations where the parties have stipulated to the custody and visitation of the child, or a finding by a court with jurisdiction after all parties have received notice and an opportunity to be heard that the safety of a party or child may be endangered by attending the educational sessions. The court may order the minor children to attend age-appropriate educational sessions.
516.350. 1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding [child support or] maintenance which mandates the making of payments over a period of time, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be brought, had or maintained thereon for any purpose whatever.
2. In any judgment, order, or decree awarding [child support or] maintenance, each periodic payment shall be presumed paid and satisfied after the expiration of ten years from the date that periodic payment is due, unless the judgment has been otherwise revived as set out in subsection 1 of this section. This subsection shall take effect as to all such judgments, orders, or decrees which have not been presumed paid pursuant to subsection 1 of this section as of August 31, 1982.
3. [In any judgment, order or decree awarding child support or maintenance, payment duly entered on the record as provided in subsection 1 of this section shall include recording of payments or credits in the automated child support system created pursuant to chapter 454, RSMo, by the division of child support enforcement or payment center pursuant to chapter 454, RSMo.] The provisions of this section shall not apply to any judgment, order or decree awarding child support.