SCS/HCS/HB 505 - This act modifies provisions relating to child abuse and neglect. MEDIATION: This act allows the Office of the Child Advocate to coordinate mediation efforts between charter schools and students when requested by both parties when allegations of child abuse arise in a school setting. (Sections 37.710 & 160.262)
REPORTS TO CHILDREN'S DIVISION: A person to whom a student reports alleged sexual misconduct on the part of a school employee and the superintendent of the school district must report the allegation to the Children's Division as set forth in section 210.115. (Section 160.261)
CHARTER SCHOOL POLICIES ON INFORMATION ABOUT FORMER EMPLOYEES: This act requires each charter school to adopt a written policy on information that the charter school provides about former employees to other public schools. (Section 162.068)
POLICIES ON EMPLOYEE-STUDENT COMMUNICATION: The governing body of each charter school must adopt a written policy concerning employee-student communication by January 1, 2014. All school boards and all governing bodies of charter schools must adopt and implement training guidelines and an annual training program, as described in the act, for all school employees who are mandatory reporters of child abuse or neglect. (Section 162.069)
MANDATORY REPORTING: Current law requires that certain personnel must report, or cause a report to be made, to the Children's Division when child abuse or neglect is suspected. This act requires that an individual must immediately report to the Children's Division when child abuse or neglect is suspected. This act prohibits an internal investigation from being initiated until a report has been made.
If two or more members of a medical institution are required to report jointly, a single report may be made by a designated member of that medical team. If the designated team member fails to report, any other member must immediately make the report. Supervisors and administrators are prohibited from impeding and inhibiting reporting. Employers are prohibited from sanctioning or imposing any adverse employment action on any mandatory reporter for making a report. Every employer must ensure that any employee who is required to report has immediate and unrestricted access to communications technology necessary to make and immediate report and is temporarily relieved of work duties to make any required report. (Section 210.115)
CRIMINAL CHILD ABUSE: This act specifies that child abuse is a Class A felony and shall also be classified as a dangerous felony if the child dies as a result of injuries sustained from chargeable conduct.
These provisions contain an emergency clause.
This provisions are also contained in SCS/HB 301 (2013), HCS/HB 589 (2013) and HB 831 (2013). (Sections 556.061 and 568.060)
FORENSIC EXAMINATIONS IN CHILD ABUSE CASES: This act requires the Department of Public Safety to establish rules regarding the reimbursement of the costs of forensic examinations for children younger than 14 years of age, including establishing conditions and definitions for emergency and non-emergency forensic exams and specific qualifications for appropriate medical providers performing non-emergency forensic exams. The Department must provide reimbursements regardless of whether or not the findings indicate the child was abused.
This act also allows the department to establish additional qualifications for appropriate medical providers performing non-emergency forensic evaluations for children younger than 14 years of age.
This section is also contained in CCS/HCS/SCS/SB 256 (2013). (Section 595.220)
MICHAEL RUFF